Falls Township City Zoning Code
ARTICLE VIII
Zoning Hearing Board
§ 209-59 Establishment and membership.
[Amended 6-21-2021 by Ord. No. 2021-09]
A.
A Zoning Hearing Board consisting of five members, appointed by the Township Supervisors for terms of five years each, staggered so that the term of one member expires each year, is established for the purpose of carrying out the functions of a Zoning Hearing Board as provided by law. Members of the Board shall be residents of the Township and shall hold no other office in the Township.
B.
The Board of Supervisors may appoint by resolution at least one but no more than three residents of Falls Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. Alternates shall hold no other elected or appointed office in Falls Township, including service as a member of the Planning Commission or as a Zoning Officer, nor shall any alternate be an employee of Falls Township. Any 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 nor be compensated unless designated as a voting alternate member by the Chair of the Zoning Hearing Board in order to reach a quorum. Any alternate member of the Zoning Hearing Board 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 decision on the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
§ 209-60 Organization; employees.
The Board shall elect a Chairman from its membership. The Township Supervisors may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services required by the Zoning Hearing Board.
§ 209-61 Hearings.
The Board shall meet monthly or as necessary to hear and consider all such matters which shall properly come before it. All meetings shall be open to the public.
§ 209-62 Entitlement to initiate action before Board.
Appeals from the Zoning Officer pursuant to § 209-75 hereof and proceedings to challenge an ordinance under § 209-76 hereof may be filed by any officer or agency of the Township or by any person aggrieved. Requests for a variance under § 209-77 and for a special exception under § 209-78 may be filed by any landowner, equitable owner or tenant with the permission of such landowner.
§ 209-63 Manner of initiating action before Board.
All action before the Board shall be initiated by a written application for hearing which shall be filed with the Zoning Officer at least three weeks prior to the meeting at which the particular matter is to be heard. All applications shall be made on forms specified by the Board, and no application form shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached (and until all fees required under § 209-58 shall have been paid).
§ 209-64 Time limitations.
§ 209-65 Notice of hearing.
[Amended 6-18-2019 by Ord. No. 2019-02]
A.
Upon the filing with the Board of an appeal or of an application for any matter within its jurisdiction, the Board shall fix a reasonable time and place for a public hearing thereon, and shall:
(2)
Mail notice thereof to every resident or association of residents of the Township who shall have registered, in writing, their names and addresses for this purpose with the Zoning Hearing Board or the Township Manager on or after January 1 of the calendar year when said public hearing is held but prior to the conclusion of any such public hearing. Any such registration of name(s) effected prior to January 1 of any calendar year in which a public hearing is held by the Zoning Hearing Board will not be recognized as a registration for the purpose of this section.
(3)
Mail notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot abutting the lot that is the subject of the application.
B.
Notices herein required shall state the location of the building or Jot and the general nature of the question involved.
C.
The notice required in Subsection A(3) herein, for an application involving a nonresidential use or an application involving a nonresidential zoning district, shall be mailed by the applicant. For an application involving a residential use or a residential zoning district, the notice shall be mailed by the Township.
§ 209-66 Parties to hearing.
The parties to the hearing shall be the municipality, any person affected by the application who has made timely appearance of record before the Board and any other aggrieved person, as permitted by the Municipalities Planning Code. 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.
§ 209-67 Witnesses.
The Chairman or Acting Chairman of the Board shall have the 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.
§ 209-68 Representation of parties.
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and cross-examine adverse witnesses on all relevant issues.
§ 209-69 Rules of evidence.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
§ 209-70 Record of proceedings.
The Board shall keep a stenographic record of the proceeding, and transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
§ 209-71 Impartiality.
The Board shall not communicate, directly or indirectly, with any party or his representative 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. "Board" as used herein shall include not only the members but also any secretary, clerk, legal counsel or consultant of the Board.
§ 209-72 Decisions and findings.
The Board shall render a written decision or, when no decision is called for, make written findings on an application within 45 days of the last hearing thereon. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provisions of any statute, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Board has power to render a decision and fails to do so within the forty-five-day period above prescribed, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant agrees in writing to extend the period allowed for decision.
§ 209-73 Copies of decisions.
A copy of the final decision or, when 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 names and addresses with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 209-74 Appeals to court authorized.
Zoning appeals may be taken to court by any party before the Board or any officer or agency of the Township, as provided by law.
§ 209-75 Appeals from Zoning Officer.
A.
The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of the Zoning Ordinance or Map.
B.
Appeals to the Zoning Hearing Board may be taken by the landowner affected, any officer or agency of the Township or any person aggrieved by any decision of the Zoning Officer. These appeals must be filed within 30 days of the date the decision is rendered by the Zoning Officer.
C.
Any appeal from the ruling of the Zoning Officer concerning the enforcement and interpretation of the provisions of this chapter, including any order to stop, cease and desist, shall be filed with the Zoning Hearing Board within 30 days after the date of the Zoning Officer's adverse decision.
D.
All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees required under § 209-58.
E.
All appeals and applications shall refer to the specific provisions of this chapter involved.
§ 209-76 Challenge to validity of ordinance or map.
A.
The Board shall hear challenges to the validity of the Zoning Ordinance and Map. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 209-70. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to court.
B.
Where the Board has jurisdiction over a zoning matter pursuant to § 209-75, 209-76 or 209-77, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. However, the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
§ 209-77 Variances.
A.
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the appellant. The Board may grant a variance, provided that the following findings are made where relevant in a given case:
(1)
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.
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed for any use permitted within the district or districts or in accordance with the provisions related to the district in which the property is located, 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.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation at issue.
(6)
That the variance will not be contrary to the public health, safety, morals and general welfare.
B.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. The applicant shall have one year after the time the variance was granted to obtain a building permit for any structure for which the variance was required. The time shall be computed from the date that the decision is rendered in writing.
§ 209-78 Special exceptions.
A.
Where this chapter has provided for stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to expressed standards and criteria, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria.
B.
Upon review of any application for a special exception, the Zoning Hearing Board shall consider and determine, among other things:
(1)
That the proposed change is consistent with the spirit, purpose and intent of this chapter.
(2)
That the proposed special exception will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood.
(4)
That the proposed special exception will not be contrary to the public health, safety, morals and general welfare.
C.
In granting special exceptions, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it deems necessary to implement the purposes of this chapter.
D.
In all applications for special exceptions, the applicant shall have the burden of proving that his application falls within the provisions of this chapter and that granting his application will not be contrary to the public interest.
E.
The applicant shall have one year after the time that the special exception is granted in which to obtain a building permit for any structure for which the special exception was required. The time shall be computed from the date that the decision is rendered in writing.
§ 209-79 Decisions on appeals from Zoning Officer.
Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall decide any question:
A.
Involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
B.
Where it is alleged there is an error in any order, requirement, decision or determination, including any order requiring an alleged violation to stop, cease and desist, made by the Zoning Officer in the enforcement of this chapter.
§ 209-80 Time for appeal to court; procedure.
Any person aggrieved by any decision of the Zoning Hearing Board of the municipality may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of Bucks County, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or not in accordance with law, and specify the grounds upon which he relies. The appellant shall give immediate notice of appeal to the Board of Supervisors. Such appeals shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.