Freedom Township City Zoning Code
ARTICLE XVII
Zoning Hearing Board
§ 230-84 Membership; appointments.
The Zoning Hearing Board shall continue, with three members appointed by the Township Board of Supervisors, and have such powers and authority as set forth in the Pennsylvania Municipalities Planning Code (Act 247), as amended.[1] The duly established Zoning Hearing Board shall have the following functions.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 230-85 Jurisdiction.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land use ordinance, except those brought before the governing body.[1]
[1]
Editor's Note: Original Subsection B, regarding challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which immediately followed this subsection, was repealed 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03.
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 cease and desist order, or the registration or refusal to register any nonconforming use, structure or lot.
C.
Appeals from a determination by the Township Engineer or Zoning Officer with reference to the administration of any floodplain ordinance or such provisions within a land use ordinance.
D.
Applications for variances from the terms of this chapter and or such provisions within a land use ordinance.
E.
Applications for special exceptions under this chapter or floodplain ordinance or such provisions within a land use ordinance.
F.
Appeals from the determination of any officer or agency charged with the administration of any transfer of development rights or performance density provisions of this chapter.
G.
Appeals from the Zoning Officer's determination under procedure to obtain preliminary opinion.
H.
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Articles V or VII of the Act.[2]
[2]
Editor's Note: See 53 P.S. §§ 10501 et seq. and 10701 et seq., respectively.
§ 230-86 Variances.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may by rule prescribe the form of application and require application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided 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 district 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 therefor 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 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 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.
F.
Unless otherwise specified by the Board, an authorization of a variance shall expire if the applicant fails to obtain a zoning permit within six months from the date of authorization by the Board.
§ 230-87 Special exceptions.
A.
Special exceptions may be granted or denied by the Zoning Hearing Board pursuant to expressed standards and criteria contained in this chapter. The Board shall hear and decide requests for special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this chapter.
B.
The Board will require a preliminary application to the Zoning Officer, who will determine the adequacy of the plans and documentation and forward same to the Board for use at the hearing. Special exception applications shall be reviewed according to the following minimum considerations:
(1)
The specific site must be an appropriate location for such use.
(2)
The use as developed will not adversely affect the district.
(3)
There will be no nuisance or hazard to vehicles or pedestrians.
(4)
Adequate and appropriate amenities will be provided.
(5)
Lot requirements, yard requirements and height requirements are satisfied.
(6)
All relevant provisions within the ordinance are complied with fully.
(7)
The use meets all supplementary standards outlined in this chapter.
(8)
Peak traffic generated by the use will be accommodated in a safe and efficient manner.
(9)
The applicant shall inform the Board whether any structures on the property are listed upon the National Register of Historic Places, or any other registry of historic structures.
C.
If the special exception application is approved by the Board, the applicant shall be entitled to proceed with the submission of a preliminary land development plan to the Township Planning Commission, if appropriate, or complete any erection, construction, reconstruction, alteration or change as authorized. The approval for a special exception will expire if the applicant fails to obtain a zoning permit within six months from the date of authorization by the Board. Upon written application and for reasonable cause, the Board may extend the approval of the specific exception for an additional period of up to one year.
§ 230-88 Hearings.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code (Act 247), as amended.[1] Notice shall be given to the public, the applicant, the landowner, the Zoning Officer, such other persons as the Zoning Hearing Board shall designate and any person who has made timely request for the same. Notices shall be given at such time and in such manner prescribed by the adopted rules of the Zoning Hearing Board. The Township Board of Supervisors may establish reasonable fees, based on costs, to be paid by the applicant and persons requesting any notice or materials not required by ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.