Frazer Township City Zoning Code
PART 20
ZONING HEARING BOARD
§ 27-2001 Membership.
[Ord. 146, 1/10/2008]
1.
The Frazer Township Zoning Hearing Board shall consist of three residents of the Township, appointed by the Board of Supervisors. Terms of office shall be for three years, with the term of one member shall expire each year. The Chairman of the Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. 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 appoint up to three residents of the Township as alternate members of the Zoning Hearing Board. The term of office of the alternate member shall be three years. When seated pursuant to the provisions of § 27-2003, an alternate member shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for a Zoning Hearing Board Member, including the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter, and as provided by law. Alternate members of the Zoning Hearing Board shall hold no other office in the Township.
§ 27-2002 Removal of Members.
[Ord. 146, 1/10/2008]
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by 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 public hearing shall be held in connection with the vote if the member shall request it in writing.
§ 27-2003 Organization of the Zoning Hearing Board.
[Ord. 146, 1/10/2008]
The Zoning Hearing Board shall elect its officers from its own membership, 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 be not less than two members, but the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearings on its behalf. In such a case, the parties may, prior to the decision, waive a decision by the Zoning Hearing Board and accept the decision of the hearing officer as provided in the MPC, as amended. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with the ordinances of the Township and the laws of the Commonwealth. The Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors as requested by the Board of Supervisors.
§ 27-2004 Expenditures for Services.
[Ord. 146, 1/10/2008]
Within the limits of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, clerks, zoning officers, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
§ 27-2005 Conduct of Public Hearings.
[Ord. 146, 1/10/2008; as Amended by Ord. 158, 4/6/2010, § 27]
The public hearing shall commence within 60 days of the filing of an administratively complete application. Public notice, as defined herein, of the public hearing, shall be advertised and posted as required by the MPC, and in addition thereto, the Zoning Hearing Board shall post at least one copy of the notice on the affected property. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC. The Zoning Hearing Board shall comply with all requirements of Article IX of the MPC regarding conduct of hearings.
§ 27-2006 Zoning Hearing Board Decisions.
[Ord. 146, 1/10/2008]
1.
The Zoning Hearing Board or the hearing officer, as the case may be, shall render a decision or, when no decision is called for, make written findings on the application in accordance with the requirements of the MPC and within 45 days after the last hearing before the Zoning Hearing Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefore. Conclusions based on any provisions of this chapter, or any other land use ordinance, rule or regulation or any provision of the MPC shall contain a reference to the provisions 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/her decision or findings are final, the Zoning Hearing Board shall make his/her 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.
2.
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 no later than the day following its date.
§ 27-2007 Jurisdiction.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 28]
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:
A.
Substantive challenges to the validity of any land use ordinance, except those challenges brought before the Board of Supervisors pursuant to §§ 609.1 and 916.1(a)(2) of the MPC.
B.
Appeals from the determination of the Zoning Officer including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any enforcement notice or the registration or refusal to register any nonconforming use, structure or lot.
C.
Appeals from a determination by the Township Engineer or the Zoning Officer, with reference to the administration of the Township Stormwater Ordinance [Chapter 26, Part 1].
D.
Appeals for variances of the terms of this chapter and the Township Floodplains Ordinance [Chapter 8].
E.
Appeals from the Zoning Officer's preliminary opinion determination as authorized by § 916.2 of the MPC.
F.
Applications for special exceptions under this chapter or the floodplain management ordinance.
G.
Applications for the extension or expansion of legally existing nonconforming use.
§ 27-2008 Requests for Relief.
[Ord. 146, 1/10/2008; as amended by Ord. No. 184, 10/2/2018]
An application for relief from the Zoning Hearing Board shall be filed with the Township Secretary on a form prescribed by the Township. The Township Secretary shall forward the application to the Zoning Hearing Board, which shall set a time and place for the hearing. The application shall not be considered to be administratively complete until all items required by this chapter and the application form, including the application fee and/or deposit, have been received by the Township.
§ 27-2009 Variances.
[Ord. 146, 1/10/2008; as amended by Ord. No. 184, 10/2/2018]
1.
The Zoning Hearing Board shall hear requests for variance where it is alleged that the provision(s) of this chapter inflict unnecessary hardship upon the applicant pursuant to § 910.2 of the MPC, 53 P.S. § 10910.2.
2.
The Zoning Hearing 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 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 applicant.
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.
3.
In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the MPC.
§ 27-2010 Special Exception.
[Ord. 146, 1/10/2008]
1.
Where the Township has permitted special exception uses in this chapter, to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with the following standards and criteria enumerated herein:
A.
The use will not endanger the public health, safety or welfare if located where proposed, and will not deteriorate the environment or generate nuisance conditions.
B.
The use can be accommodated on the site with no variances required.
C.
The use is compatible with, or will support the uses in the neighborhood of the site.
D.
The use does not require extensive earth moving or revision of drainage patterns, or create substantial increase in stormwater flow.
E.
The use will not create excessive traffic congestion, and adequate off-street parking is provided on the same property as the use.
F.
Areas of the property not to be covered by buildings or paved are to be landscaped and maintained.
G.
Primary access points to the property not to be covered by buildings or paved are to be landscaped and maintained.
H.
The Board may attach such reasonable conditions and safeguards in addition to those expressed herein to implement the purposes of this chapter.
2.
The landowner shall file a written request for the granting of a use by special exception along with all maps, plans and text which may be necessary to explain the development proposed and its conformance with the standards and criteria of this chapter with the Zoning Officer. Said request shall be accompanied by a fee specified by the Board of Supervisors.
3.
Following the granting of a special exception, said use shall be established within two years of the approval date or the special exception approval shall automatically lapse.
§ 27-2011 Parties Appellant Before the Board.
[Ord. 146, 1/10/2008]
Appeals under §§ 27-2007.1.B, 27-2007.1.C, 27-2007.1.D, 27-2007.1.F and 27-2007.1.G may be filed with the Board in writing by the landowner affected, by any officer or agency of the Township or any person aggrieved. Request for a variance under § 27-2008 may be filed with the Zoning Hearing Board only by a landowner or any tenant with the permission of such landowner.
§ 27-2012 Time Limitation.
[Ord. 146, 1/10/2008]
1.
No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Township officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor interest.
2.
The failure of anyone, other than the landowner, to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or Zoning Map pursuant to § 916.2 of the MPC, shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.
3.
Any appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued, except appeals of the Zoning Officer's issuance of an enforcement notice, which shall be filed within 10 days after receipt of the enforcement notice.
§ 27-2013 Stay of Proceedings.
[Ord. 146, 1/10/2008]
1.
Upon filing of any proceeding referred to in § 27-2011 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Zoning Hearing Board facts indicating that such stay would cause imminent peril to life or property. In this case, the development or official action shall not be stayed otherwise than a restraining order which may be granted by the Zoning Hearing Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
2.
When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Zoning Hearing Board by persons other than the applicant, the applicant may petition the Allegheny County Court of Common Pleas to order such persons to post a bond as a condition to continuing the proceedings before the Zoning Hearing Board, pursuant to provisions of the MPC.