Exeter Township City Zoning Code
ARTICLE IX
Zoning Hearing Board
§ 390-94 Creation and organization.
A.
Creation of Board.
(1)
The Township Supervisors hereby create a Zoning Hearing Board, herein referred to as the "Board," consisting of residents of the Township appointed by the Township Supervisors pursuant to the Pennsylvania Municipalities Planning Code, as amended,[1] who shall be appointed and serve and shall perform all the duties and have all the powers as prescribed by said Code and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
The Township Supervisors may appoint alternate members of the Board pursuant to the provisions of the Pennsylvania Municipalities Planning Code, as amended; the alternate members may serve as provided for in said code.
B.
Organization. The Board may promulgate such rules and forms for its procedures, not inconsistent with this chapter and other ordinances of the Township and laws of the Commonwealth of Pennsylvania, as it may deem necessary to the proper performance of its duties and to the proper exercise of its powers. Such rules shall be continued in force and effect until amended or repealed by the Board or by law. The Board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves. The Board shall have its own counsel, who shall, whenever possible, attend all hearings of the Board and review all decisions of the Board so they conform to the law.
C.
Meetings. Meetings and hearings of the Board shall be held at the call of the Chairman, and at such other times as the Board, by majority vote, may determine.
D.
Minutes and records. The Board shall keep full public records of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The Board shall also keep full public records of its business and other official action, which records shall be the property of the municipality, copies of which shall be filed with the Secretary of the Township Planning Commission.
§ 390-95 Hearings.
The Board shall conduct hearings and make decisions in accordance with the requirements of the Pennsylvania Municipalities Planning Code, as amended, and the following rules of the Board:
A.
Notice shall be given by the Zoning Hearing Board to the public, the applicant and adjoining property owners of the applicant property, the Zoning Officer and such other persons as the Township Supervisors shall designate by ordinance and to any other person who has made timely request for the same. Notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. The Township Supervisors may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance, in accordance with Section 908 of the Municipalities Planning Code.[1] In addition to the notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land.
[1]
Editor's Note: See 53 P.S. § 10908.
B.
The hearings shall be conducted by the Board or the 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, but the parties may waive the 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, any person affected by the application who has made timely appearance of record before the Board, any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Board for that purpose.
D.
The Chairman or Acting Chairman of the 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 Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
H.
The Board or 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 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.
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application 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 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 Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the 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 Board to meet or render a decision as hereinabove provided, the 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 Subsection A of 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.
J.
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 Board not later than the last day of the hearing, the 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.
§ 390-96 Functions of Zoning Hearing Board.
The Zoning Hearing Board shall have the following functions:
A.
The Zoning Hearing Board shall have the functions authorized in the Pennsylvania Municipalities Planning Code, as amended.
B.
The jurisdiction of the Zoning Hearing Board and the Township Supervisors and the procedures to be followed by each shall be as established in said code.
C.
Parties to authorized proceedings before the Zoning Hearing Board may utilize mediation as an aid in completing such proceedings, pursuant to the provisions of the Pennsylvania Municipalities Planning Code, as amended.
D.
Appeals from the Zoning Officer: to hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow the procedures or has misinterpreted or misapplied any provision of this chapter or the Zoning Map or any valid rule or regulation governing the action of the Zoning Officer.
E.
Challenges to the validity of this chapter or the Zoning Map, except as indicated in the Pennsylvania Municipalities Planning Code, as amended. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 390-95. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issued of fact, which shall become part of the record on appeal to the court.
F.
Unified appeals. Where the Board has jurisdiction over matters pursuant to Subsections A, E and G, the Board may also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 390-95. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
G.
Variances.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(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 circumstances or conditions are not created by the provisions of this chapter in the neighborhood or district in which the property is located; and
(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 if therefore necessary to enable the reasonable use of the property; and
(c)
That such unnecessary hardship has not been created by the appellant; and
(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; and
(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.
(2)
In granting any variance, the Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this act and this chapter.
H.
Special exceptions: to issue, upon application, only such special exceptions which the Board by the provisions of this chapter is specifically authorized to issue. The granting of a special exception when specifically authorized by the terms of this chapter shall be subject to the following standards and criteria:
(1)
The applicant for a special exception shall demonstrate, as a condition of approval of his application, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question.
(a)
Such use shall be one which is specifically authorized as a special exception use in the zoning district wherein the applicant seeks a special exception.
(b)
Such special exception shall only be granted subject to any applicable conditions and safeguards as required by this chapter.
(c)
Such use shall not adversely affect the character of the general neighborhood, or the conservation of property values, or the health and safety of residents or workers on adjacent properties and in the general neighborhood.
(d)
Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.
(e)
Services and utilities shall be made available to adequately service the proposed use.
(f)
The granting of the special exception shall be consistent with the Township Comprehensive Plan.
(2)
In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and the Pennsylvania Municipalities Code, as amended.
I.
Reasonable accommodations: to hear and decide requests for a reasonable accommodation where the applicant shows entitlement pursuant to the provisions of this chapter and the Fair Housing Amendments Act.
[Added 6-13-2011 by Ord. No. 713]
(1)
Requirements for a reasonable accommodation. The Board may grant a reasonable accommodation, provided that all of the following findings are made, where relevant:
(a)
An applicant for reasonable accommodation shall have the burden of establishing that:
[1]
The residents or proposed residents of the premises are handicapped.
[2]
The premises are to be used as a dwelling for persons with handicaps.
[3]
The specific accommodation to the rules and regulations of the ordinances of the Township may be necessary to afford persons with handicaps an equal opportunity to housing in the Township.
(b)
In determining whether a requested accommodation is reasonable, the Zoning Hearing Board shall consider:
(2)
In granting a reasonable accommodation, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
(3)
In all other procedural respects, a request for a reasonable accommodation shall be treated the same as a request for a special exception.
J.
To exercise any other power specifically granted to the Board under the terms of this chapter.
[Amended 6-13-2011 by Ord. No. 713]
§ 390-97 Procedures for application to Zoning Hearing Board.
A.
The Board shall act in accordance with the procedures specified by the Pennsylvania Municipalities Planning Code, as amended, and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of this chapter, the use for which a special exception is sought, or the details of the variance that is applied for and the grounds on which it is claimed, and any stay of proceedings shall be in accordance with the Pennsylvania Municipalities Planning Code, as amended.
B.
Applications and appeals, together with the required filing fee as established by the Township Supervisors, shall be submitted to the Secretary of the Zoning Hearing Board. As a minimum, all material required for a zoning permit shall be submitted with the application. The applicant shall also submit a description of the operations proposed in sufficient detail to indicate the effects of those operations proposed in producing traffic congestion, noise, glare, water pollution, fire hazards, safety hazards or other potentially harmful activities.
§ 390-98 Expiration of zoning approvals.
[Amended 6-13-2011 by Ord. No. 713]
Unless otherwise specified by the Board, a conditional use, special exception or variance shall expire if the applicant fails to obtain a zoning permit or a building permit, where required, within 18 months from the date of authorization of the conditional use, special exception or variance, except as such time period may be extended by the Board in its discretion and except as such time period is extended by operation of law.
§ 390-99 Review of applications for special exceptions and variances by Township.
[Amended 10-9-2017 by Ord. No. 779]
A.
When an application for special exception, variance, or other zoning relief under this chapter is submitted to the Zoning Hearing Board, the Solicitor for the Zoning Hearing Board, within five days of receipt, shall forward a copy of the application to the Township Planning Commission, the Township Board of Supervisors, care of the Township Manager, and the Township Solicitor for the opportunity to review and comment on the application.
B.
The Solicitor for the Zoning Hearing Board shall notify the Township Board of Supervisors, care of the Township Manager, the Township Planning Commission, and the Township Solicitor of the date, time, and place of any hearing scheduled on the application at least 15 days before the hearing.
C.
Receipt of comments by the Township Planning Commission and/or the Township Board of Supervisors are not required for the Zoning Hearing Board to schedule and/or conduct a hearing on an application. The Township Board of Supervisors and/or the Township Planning Commission may, at any point before the hearing, provide comments to the Zoning Hearing Board concerning the application.
D.
When necessary and/or desired, the Township Board of Supervisors may schedule a special meeting to review and comment on an application.
E.
The Township Board of Supervisors may appoint the Township Solicitor and/or the Township Manager to appear at the hearing and represent the Township's interests in any hearing on any application.