East Vincent Township
City Zoning Code
City Zoning Code
PART 20
ZONING HEARING BOARD
§ 27-2001 Establishment and Membership.
[Ord. 162, 6/12/2002, § 2000]
1.
There shall be a Zoning Hearing Board consisting of three residents of the Township, appointed by the resolution of Board of Supervisors in accordance with Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. 10901 et seq., as amended, hereinafter called "MPC." Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancy which occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Township.
2.
The Board of Supervisors may, by resolution, appoint a resident of the Township to serve as an alternate member of the Zoning Hearing Board. The term of the alternate member shall be three years. The alternate member shall hold no other office in the Township. An alternate may participate in any proceeding or discussion of the Zoning Hearing Board, but shall not be entitled to vote as a member of the Zoning Hearing Board, or be compensated as a member as provided in § 27-2004.2 unless seated as a member in accordance with the provisions of § 27-2002.2.
3.
Any member of the Zoning Hearing Board may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
§ 27-2002 Organization of the Zoning Hearing Board.
[Ord. 162, 6/12/2002, § 2001]
1.
The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all the members of the Zoning Hearing Board, but the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Zoning Hearing Board, as provided in § 27-2008.
2.
If, by reason of absence or disqualification of a member, a quorum is not reached, the chairman of the Zoning Hearing Board shall designate the alternate member to sit on the Zoning Hearing Board. The alternate member shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed, until the Zoning Hearing Board has made a final determination of the matter or case.
3.
The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the municipality and laws of the Common- wealth. The Zoning Hearing Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
§ 27-2003 Jurisdiction.
[Ord. 162, 6/12/2002, § 2002]
1.
The Zoning Hearing Board shall function in strict accordance with and pursuant to § 909.1 of the Municipalities Planning Code (MPC), 53 P.S. § 10909.1, and shall have all powers set forth therein, including but not limited to the following general summation:
A.
To hear and decide appeals where it is alleged that the Township Code Enforcement Officer, or Township Engineer in the case of administering the Township's floodplain, sedimentation and erosion control, and stormwater management ordinances, has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid rule or regulation governing the action of the Code Enforcement Officer or Township Engineer.
B.
To hear and decide requests for special exceptions authorized by this chapter in accordance with the standards for criteria set forth below. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of the Code and this chapter.
C.
To hear request for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. A variance may be granted only after the Zoning Hearing Board has made the findings required in § 27-2010 of the Zoning Ordinance. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary as prescribed in § 27-2011 of this chapter to implement the purposes of the MPC and this chapter.
D.
To conduct hearings and make such decisions and findings in connection with challenges to the validity of any provisions of this chapter as authorized by § 909.1 of the MPC, 53 P.S. § 10909.1.
E.
To exercise jurisdiction over all other proceedings over which the Zoning Hearing Board is given jurisdiction pursuant to the MPC.
§ 27-2004 Rules of Procedure; Expenditures; Fees.
[Ord. 162, 6/12/2002, § 2003]
1.
The Zoning Hearing Board may adopt rules of procedure in accordance with the several provisions of this chapter as to the manner of filing appeals, applications for special exceptions or variances, and as to the conduct of the business of the Zoning Hearing Board. In all cases the rules of procedure shall be consistent with Article IX of the Municipalities Planning Code, 53 P.S. § 10901 et seq.
2.
Within the limits of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants, stenographer, and other technical and clerical services. Members of the Zoning Hearing Board, including the alternate member when designated in accordance with § 27-2002.2 of this Part, may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors. In no case, however, shall the amount of compensation exceed the rate authorized to be paid to the members of the Board of Supervisors.
3.
Any applicant before the Zoning Hearing Board shall deposit with the Treasurer of the Township the appropriate filing fee, as established by resolution of the Board of Supervisors and in accordance with the terms of § 27-2105.
4.
The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary, court reporter, and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or experts witness costs.
§ 27-2005 Meetings.
[Ord. 162, 6/12/2002, § 2004]
Meetings of the Zoning Hearing Board shall be held at the call of the Chairman, and at such other times as the Zoning Hearing Board may determine. All meetings of the Zoning Hearing Board shall be open to the public. The Zoning Hearing Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if a member is absent or fails to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Township Secretary and shall be a public record.
§ 27-2006 Appeals and Requests to the Zoning Hearing Board.
[Ord. 162, 6/12/2002, § 2005]
Appeals to the Zoning Hearing Board may be filed by the landowner affected, any officer or agency of the Township or any person aggrieved. Such appeal shall be taken within the time required by the MPC or as provided by the rules of the Zoning Hearing Board, by filing with the Township Secretary a notice of appeal specifying the grounds thereof. The Township Secretary shall forthwith transmit to the Zoning Hearing Board all the papers constituting the record upon which the action appealed from was taken. Requests for a variance or special exception may be filed by any landowner, or any tenant with permission of the landowner. The appropriate fee, established by the Township, shall be paid in advance for each appeal or application for a special exception or variance.
§ 27-2007 Notice of Hearing.
[Ord. 162, 6/12/2002, § 2006]
1.
Notice shall be given of any public hearing stating the location of the building or lot and the general nature of the question involved and shall be given as follows:
A.
Public notice shall be provided as defined in Part 2 and consistent with the public notice requirements of the MPC, and including, but not necessarily limited to, the following information: name of the applicant and type of application being heard; brief description of the request; date, location and time of the hearing; location and times when the application can be reviewed by the public or copies of such application to be obtained at a reasonable cost; and Township contact person.
B.
By mailing a notice thereof to the applicant, the Code Enforcement Officer, Township Secretary and any person who has made timely request for same or who shall have registered their names and addresses for this purpose with the Zoning Hearing Board.
C.
By mailing notice thereof to the owner, if his address is known, or to the occupant of every lot on the same street within 500 feet of the lot in question and of every lot not on the same street within 150 feet of said lot; provided, that failure to mail the notice required by this section shall not invalidate any action taken by the Zoning Hearing Board.
D.
By posting notice thereof conspicuously on the affected tract of land at least one week prior to the hearing.
E.
The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the Township for which the notice was given.
§ 27-2008 Hearing Procedures.
[Ord. 162, 6/12/2002, § 2007]
1.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:
A.
The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time. The hearing may be continued, or a new hearing may be scheduled, provided that any subsequent hearings shall be held within 45 days of any prior hearing, unless otherwise agreed to by the applicant.
B.
The hearings shall be conducted by the Zoning Hearing Board or the Zoning Hearing Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
C.
The parties to the hearing shall be the Township, the applicant, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person including civic or community organizations permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Zoning Hearing Board for that purpose.
D.
The chairman or acting chairman of the Zoning Hearing Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
E.
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross- examine adverse witnesses on all relevant issues.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
G.
The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or hearing officer or shall be paid by the person appealing from the decision of the Zoning Hearing Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copies or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
H.
The Zoning Hearing Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
I.
All hearings must be completed no later than 100 days after the completion of the applicant's case. Any aggrieved party may apply to the Court of Common Pleas for a time extension for good cause. If the Zoning Hearing Board fails to complete a hearing within this time period, the application shall be deemed approved.
§ 27-2009 Standards for Review of Special Exception.
[Ord. 162, 6/12/2002, § 2008]
1.
In any instance where the Zoning Hearing Board is required to consider a request for a special exception, the Zoning Hearing Board must determine that the following standards and criteria are met before granting the request:
A.
The size, scope, extent, and character of the special exception request is consistent with the Comprehensive Plan of the Township and promotes the harmonious and orderly development of the zoning district involved.
B.
The proposed special exception is an appropriate use consistent with the character and type of development in the area surrounding the location for which the request is made and will not substantially impair, alter, or detract from the use of surrounding property or of the character of the neighborhood in light of the zoning classification of the area affected; the effect on other properties in the area; the number, extent, and scope of nonconforming uses in the area; and the presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which applicant seeks approval.
C.
The proposed special exception is suitable with respect to traffic and highways in the area and provides for adequate access and off-street parking arrangements in order to protect major streets and highways from undue congestion and hazard.
D.
The proposed special exception is reasonable in terms of the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police, fire protection, and public schools, and ensures adequate arrangements for the extension of such services and facilities in specific instances.
E.
Conditions are being imposed on the grant of the request necessary to ensure that the general purpose and intent of the property adjacent to the area included in the proposed special exception is adequately safeguarded with respect to harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
F.
The proposed special exception does not materially and adversely affect the safety, health and general welfare of the Township.
§ 27-2010 Standards for Review of a Variance.
[Ord. 162, 6/12/2002, § 2009]
1.
The Board may grant a variance provided that the specifically enumerated criteria set forth in § 910.2 of the MPC, 53 P.S. § 10910.2, and spelled out as follows, are met:
A.
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
B.
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the appellant.
D.
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
§ 27-2011 Burden of Proof; Conditions.
[Ord. 162, 6/12/2002, § 2010]
To the maximum extent permitted by law, all burdens of proof and persuasion shall be upon the landowner in connection with any variance, special exception, or other application or appeal before the Zoning Hearing Board. In allowing a variance or special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the MPC and this chapter.
§ 27-2012 Decision on Appeals and Requests.
[Ord. 162, 6/12/2002, § 2011]
1.
The Zoning Hearing Board or hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the subject appeal or request within 45 days after the last hearing before the Zoning Hearing Board or hearing officer. Where any appeal or request is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Zoning Hearing Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Zoning Hearing Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Zoning Hearing Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
2.
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Zoning Hearing Board not later than the last day of the hearing, the Zoning Hearing Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 27-2013 Appeals to Court.
[Ord. 162, 6/12/2002, § 2012]
Appeals from decisions of the Zoning Hearing Board may be taken by any party aggrieved thereby as provided in the MPC.
§ 27-2014 Expiration of Special Exceptions and Variances.
[Ord. 162, 6/12/2002, § 2013]
1.
Any approval of a special exception or variance request shall be deemed null and void 12 months from the date of such approval if, within that period, no application is made for a building permit, use and occupancy permit, subdivision or land development approval, or any other approval or permit required by the Township to proceed with construction, occupancy, or use pursuant to the special exception or variance, unless so extended by the Zoning Hearing Board pursuant to Subsection 2.
2.
The twelve-month expiration period may be extended by the Zoning Hearing Board, provided, that such request for an extension shall be properly filed with the Code Enforcement Officer or his/her designee at least 30 calendar days in advance of the expiration date. The request shall include the reason why the extension is required, a reasonable estimate of the time needed to obtain the necessary approvals, and a qualified statement that there has been no change in either the circumstances giving rise to the grant of relief or the neighborhood in which the property is located. Failure to diligently pursue necessary approvals shall not be grounds for an extension.