Jackson Township Lebanon County
City Zoning Code
City Zoning Code
PART 19
ZONING HEARING BOARD: POWERS AND DUTIES
§ 27-1901 Jurisdiction.
[Ord. 6/4/1984, 6/4/1984, § 20.01; as amended by Ord. 1-1991, 8/5/1991]
1.
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 Township Supervisors pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1, 10916.1.
B.
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Township and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
C.
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.
D.
Appeals from a determination by the Township engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this Chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 910.2 of the MPC, 53 P.S. § 10910.2.
F.
Applications for special exceptions under this Chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
G.
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this Chapter.
H.
Appeals from the Zoning Officer's determination under § 916.2 of the MPC, 53 P.S. § 10916.2.
I.
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 storm water management insofar as the same relate to development not involving applications under Article V or VII of the MPC, 53 P.S. §§ 10501 et seq. and 10701 et seq.
2.
The Township Supervisors, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
All applications for approvals of planned residential developments under Article VII of the MPC pursuant to the provisions of § 702 of the MPC, 53 P.S. § 10702.
B.
All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. § 10501 et seq.
C.
Applications for conditional use under the express provisions of this Chapter.
D.
Applications for curative amendment to this Chapter or pursuant to §§ 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1, 10916.1(a).
E.
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the MPC, 53 P.S. § 10609.
F.
Appeals from the determination of the Zoning Officer or the Township engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to applications for land development under Articles V and VII of the MPC, 53 P.S. §§ 10501 et seq. and 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Township engineer shall be to the Zoning Hearing Board pursuant to this Section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission and all appeals from the decision of the Planning Commission shall be to court.
§ 27-1902 Parties Appellant Before the Board.
[Ord. 8, 4/3/1972, § 19.1; as amended by Ord. 6/4/1984, 6/4/1984, § 20.02; by Ord. 1-1991, 8/5/1991]
Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Township Supervisors pursuant to the Pennsylvania Municipalities Code, procedural questions or alleged defects in the process of enactment or adoption of a land use ordinance; or 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; from a determination by the Township engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this Chapter; 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 storm water management insofar as the same relate to development not involving subdivision and land development or planned residential development may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance and for special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner.
§ 27-1903 Special Exceptions.
[Ord. 8, 4/3/1972, § 19.2; as amended by Ord. 6/4/1984, 6/4/1984, § 20.03; by Ord. 1-1991, 8/5/1991]
Where the Township Supervisors, in this Chapter, has stated special exceptions 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 such standards and criteria. 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 purposes of this Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
A.
Such use shall be specifically authorized as a special exception in this Chapter.
B.
The special exception use shall satisfy all requirements and conditions specified within this Chapter.
C.
Reasonable conditions and safeguards, in addition to those expressed in this Chapter, may be required by the Board in granting the special exception where it is deemed necessary to implement the purposes and intent of this Chapter.
D.
The special exception shall be compatible with adjacent and nearby properties and shall not adversely affect the public health, safety or interest.
E.
The special exception use shall be designed to provide satisfactory arrangement for:
(1)
Ingress and egress to property and proposed structures thereon, with particularly reference to automotive and pedestrian safety and conveniences, traffic flow and control, and the access in case of fire or catastrophe.
(2)
Off-street parking and loading areas where required, with particular attention to the items in A above, the requirements in Part 15 of this Chapter, and the economic, noise, glare, or odor effects of the special exception on adjoining properties in the district.
(3)
Refuse and service areas to be located and maintained in a safe and sanitary manner, well screened on three sides. Trash and rubbish shall be stored in covered verminproof containers.
(4)
Utilities to be located underground where possible and to be compatible with the surrounding area. Availability, ease of access and safety precautions shall be considered.
§ 27-1904 Variances.
[Ord. 8, 4/3/1972, § 19.3; as amended by Ord. 6/4/1984, 6/4/1984, § 20.04; by Ord. 1-1991, 8/5/1991]
1.
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 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 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.
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 Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
§ 27-1905 Expiration or Revocation of a Zoning Hearing Board Decision.
[Ord. 8, 4/3/1972; as amended by Ord. 6/4/1984, 6/4/1984, § 20.06]
The granting or approval of a special exception or variance shall be valid only for the petitioner and the property specified in the petition. Alterations or changes to the use or building authorized by the Zoning Hearing Board shall require reapplication to the Board. If the special exception or variance has not been implemented within two years of the date of the Zoning Hearing Board decision, said approval shall expire and become null and void. If the property affected by the variance or special exception is transferred in ownership prior to the implementation of the special exception or variance, said approval shall immediately become invalid upon such transfer of ownership.
The Zoning Hearing Board may revoke approval of a variance or special exceptions where:
A.
The petitioner repeatedly violates conditions or safeguards specified in the Board's decision.
B.
The petitioner initiates use or construction contrary to the Board's decision.
C.
The petitioner is found to have misrepresented or falsified information pertinent to the Board's decisions.
D.
The Board's original decision was in error and the revocation is instituted within 30 days of the original decision or prior to substantial reliance thereon by the petitioner.
Violation of this conditions or safeguards or use or construction contrary to that specified by the Zoning Hearing Board decision shall be deemed a violation of this Chapter, punishable under Part 26 of this Chapter. Revocation of the Zoning Hearing Board approval shall not preclude the Township from proceeding in courts of law or equity to prevent or remedy violations of this Chapter. |
§ 27-1906 Information Which Must Accompany Zoning Applications.
[Ord. 6-2008, 9/15/2008]
Any and all applications brought under Chapter 27, Part 19, § 27-1901, shall be accompanied by the following information, and any application for zoning relief shall not be complete until the following items are delivered into the possession of the Zoning Officer:
A.
Written application indicating the section of this Chapter under which the special exception, conditional use, variance or any other relief is sought and stating the grounds upon which relief is requested.
B.
A list of names and addresses of all property owners adjoining the subject premises, including properties directly across a public or private right-of-way. Said information shall include Tax Map and parcel numbers.
C.
Any ground-floor plans and elevations of proposed structures.
D.
A site plan of the site with detail demonstrating compliance with all applicable provisions of this Chapter, indicating setbacks, lot area, lot width, lot coverage, height, landscaping, etc.
E.
A plan showing vehicular access, off-street parking and loading, signs, screening and landscaping, etc.
F.
Any and all other items which are required by this Chapter or are deemed necessary for review in the discretion of the Zoning Officer. The Zoning Officer may waive any of the foregoing items if the Zoning Officer, in his discretion, deems the required items to be inapplicable or irrelevant.