Greene Township Franklin County
City Zoning Code
City Zoning Code
ARTICLE IX
Zoning Hearing Board
§ 105-54 Creation and appointment.
Pursuant to Article IX of the Pennsylvania Municipalities Planning Code,[1] the Township Supervisors do hereby create a Zoning Hearing Board which shall consist of three members who shall be residents of the Township. 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. Members of the Board shall hold no other office within the municipality. The organization of the Zoning Hearing Board and its functions shall be in accordance with the Pennsylvania Municipalities Planning Code, Article IX[2].
§ 105-55 Alternate members.
§ 105-56 Hearings.
§ 105-57 Zoning Hearing Board's power and functions.
[Amended 6-26-2007 by Ord. No. 2007-7; 10-10-2023 by Ord. No. 2023-3]
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in accordance with Article IX of the Pennsylvania Municipalities Planning Code[1]. The Zoning Hearing Board shall have no authority to hear an application for nor to grant a variance that would authorize a use of property not otherwise permitted in the zoning district in which the property is located. In this context, a use permitted as a conditional use or a special exception use shall be considered a permitted use, but shall only be allowed by full compliance with the applicable conditional use or special exception process and criteria.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 105-57.1 Special exception uses.
[Added 10-10-2023 by Ord. No. 2023-3]
In any instance where the Zoning Hearing Board is required to consider a special exception use in accordance with the provisions of this chapter, said special exception use shall be subject to the following standards and criteria. The applicant shall demonstrate, by credible evidence, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question.
A.
Filing requirements. In addition to the required permit information each special exception application shall include the following:
(1)
Architectural floor plans and elevations of proposed structures;
(2)
Owner's name, address, and county tax parcel identifier of all adjoining properties including those directly across a public right-of-way;
(3)
A scaled site plan of the property showing existing conditions, proposed development, and finished topography with sufficient detail to demonstrate compliance with all applicable provisions of this chapter; and
(4)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
B.
Procedure. The application shall be provided to the Township Planning Commission for review and comment. A copy shall also be provided to the Township Board of Supervisors for its information. A notice of the hearing shall be posted on the affected premises by the Township Zoning Officer no less than seven days' prior to the hearing date.
C.
General criteria. Each applicant must demonstrate compliance with the following:
(1)
The proposed use shall be consistent with the purpose and intent of this chapter;
(2)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties;
(3)
The proposed use will not substantially change the character of the subject property's neighborhood in a negative manner;
(4)
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.);
(5)
For development within the Flood Hazard District, that the application complies with those requirements found in § 105-14 of this chapter;
(6)
The proposed use shall comply with those criteria specifically listed in Article III and all other applicable regulations of this chapter; and
(7)
The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.
D.
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the criteria listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article VIII.
E.
Site plan approval. Any site plan presented in support of the special exception use pursuant to § 105-57.1 shall become an official part of the record for said special exception. Approval of any special exception use will also bind the use in accordance with the submitted site plan. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another special exception approval.
§ 105-58 Appeals referral.
Appeals to the Zoning Hearing Board may be referred to the Franklin County Planning Commission for review and comment at least 10 days prior to the hearing on the appeal.