Lansdale City Zoning Code
ARTICLE XXII
Zoning Hearing Board, Borough Council and Zoning Procedures
§ 405-2200 Establishment.
A Zoning Hearing Board is established in order that the objectives of this chapter may be more fully and equitably achieved and to provide a means for competent interpretation of this chapter.
§ 405-2201 Membership; terms of office; vacancies; alternates.
[Amended 8-4-1993 by Ord. No. 1509]
A.
The membership of the Zoning Hearing Board shall consist of three residents of the Borough appointed by the Borough Council in accordance with 53 P.S. § 10903(a). The terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the governing body of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the municipality.[1]
B.
The Borough Council may appoint by resolution at least one but no more than three Borough residents to serve as alternate members of the Board. The term of office of an alternate member shall be three years. An alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically 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 act[2] and as otherwise provided by law. Alternates shall hold no other office in the municipality, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to Section 907 of the Municipalities Planning Code[3] unless designated as a voting alternate member pursuant to Section 906 of the Municipalities Planning Code.[4]
§ 405-2202 Officers; meetings; records; compensation.
A.
Officers. The Board shall elect a Chairman from its membership, shall appoint a Secretary and shall prescribe rules in accordance with the provisions of the Municipalities Planning Code[1] and this chapter for the conduct of its affairs. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Meetings. Meetings shall be open to the public and shall be at the call of the Chairman and at such other times as the Board shall specify in its rules or procedures. For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the Board.
C.
Records and decisions. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be of public record.
D.
Compensation. The Borough Council shall fix per-meeting compensation for the members of the Board, according to a schedule adopted by the resolution of the Borough Council upon the enactment of this chapter or as such schedule may be amended from time to time.
§ 405-2203 Jurisdiction.
[Amended 8-4-1993 by Ord. No. 1509[1]]
The Board shall have exclusive jurisdiction over the following:
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 a municipal 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.
F.
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 determination of the Zoning Officer or Municipal 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 relates to development not involving Article V and/or Article VII of the Municipalities Planning Code.
§ 405-2204 Variances.
A.
Applicability. Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter where, by reason of exceptional narrowness, shallowness or shape of a specific tract at the time of the enactment of the chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions on such tract, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case. (This provision shall in all cases be interpreted so as to be in strict accordance with the provisions of the Pennsylvania Municipalities Planning Code, and specifically 53 P.S. § 10910.2, as amended.)[1]
B.
Condition. In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
C.
Requirements and standards. No variance in the strict application of the provisions of this chapter shall be granted by the Board unless the Board finds that the requirements and standards are satisfied. The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the appeal for the variance is in conformance with the requirements and standards set forth in 53 P.S. § 10910.2 of the Pennsylvania Municipalities Planning Code, as amended, and:[2]
(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 the 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 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; and
(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 in issue.
D.
The Board may prescribe any safeguard that it deems to be necessary to secure substantially the objectives of the regulation or provision to which the variance applies.
§ 405-2205 Special exceptions.
A.
Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose. In any application for a special exception under this chapter the burden shall be upon the applicant to prove that the approval of the application will not be detrimental to the health, safety and general welfare of the community nor that it will violate the purpose and statement of community development objectives found in Article I, § 405-102, of this chapter.
B.
Conditions and safeguards. In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this chapter. The Board shall not approve a special exception except in conformance with the conditions and standards outlined in this chapter.
C.
General requirements and standards applicable to all special exceptions. The Board shall grant a special exception only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board shall, among other things, require that any proposed use and location be:
(1)
In accordance with the Borough of Lansdale Comprehensive Plan and consistent with the sphere, purposes and the intent of this chapter.
(2)
In the best interest of the Borough, the convenience of the community and the public welfare and a substantial improvement to the property in the immediate vicinity.
(3)
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(4)
In conformance with all applicable requirements of this chapter.
(5)
Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazards.
(6)
In accordance with sound standards of subdivision practice where applicable.
D.
The Zoning Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this chapter.
§ 405-2206 Procedures and standards for conditional use approval.
[Added 7-3-2002 by Ord. No. 1681]
An application for any conditional use as specified in the various articles of this chapter shall be considered by the Borough Council according to the following procedures. The Borough Council may grant conditional use approval, provided that the applicant complies with the following standards and criteria for conditional uses and any other reasonable conditions imposed by the Council.
A.
Applicant requirements.
(1)
The application shall be submitted in writing to the Borough Planning Commission which shall review the proposal and submit written comments to the Borough Council within 20 days.
(2)
The application shall include a request for approval of a conditional use and sufficient information to document compliance with the application standards and criteria of this chapter, a tentative sketch plan of the proposed development and any study where deemed necessary by the Borough Engineer. The applicant shall provide, with the application, a list of every abutting lot owner and every lot owner directly across the street from the lot or building in question.
(3)
The Borough Planning Commission shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review and other copies to agencies and/or technical consultants whose review may be relevant.
B.
Public hearing.
(1)
The Borough Council shall schedule a public hearing thereon within the time requirements of the Municipalities Planning Code unless the applicant has agreed, in writing, to an extension of the time limit.
(2)
Public notice of the public hearing, stating the time, place and the particular nature of the case to be considered, shall be published in accordance with the requirements of the Municipalities Planning Code.
(3)
The Borough Council shall consider comments and recommendations of the Borough and County Planning Commissions, other advisors and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Council may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of this chapter.
C.
Standards and criteria. In deciding all applications for conditional uses, the Borough Council shall be guided by the following standards and criteria:
(1)
The proposed use is permitted by conditional use, and it will conform to the applicable regulations of the district in which it is located.
(3)
Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstructions to the movement of traffic.
(4)
Location of the site with respect to the existing public roads giving access to it is such that the safe capacity of public roads is not exceeded by the estimated traffic attracted or generated by the proposed use, and traffic generated or attracted is not out of character with normal traffic using said public roads.
(5)
A determination that the proposed use will not have an unwarranted impact on traffic in the area, either creating significant additional congestion in an area of existing congestion or posing a threat of significant additional congestion where there is a high probability of future congestion. In addition, Borough Council shall consider whether the proposed use will create any traffic hazard dangerous to the public safety.
(6)
Screening of the proposed use from adjacent uses in sufficient amount to prevent the deleterious impact of the uses upon each other, considering the type, dimension and character of the screening.
(8)
The proposed use is suitable for the character of the neighborhood and the uses of the surrounding properties.
(9)
The proposed use will not impair an adequate supply of light and air to adjacent property.
(10)
The proposed use will not adversely affect the public health, safety or general welfare.
(11)
The proposed use will not adversely affect transportation or unduly burden water, sewer, school, park or other public facilities.
D.
The Borough Council shall render a written decision on the application within the time requirements set forth in the Municipalities Planning Code.
E.
Where the Borough Council fails to render a decision within the period required by the Municipalities Planning Code or fails to hold the required hearing within the time required by the Municipalities Planning Code, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time.
F.
Approval of any conditional use shall expire two years after the date of approval by the Borough Council if, prior to such expiration, the applicant fails to obtain a building permit or use and occupancy permit, unless the Borough Council has agreed, in writing or on the record, to an extension of time.
[Amended 10-21-2009 by Ord. No. 1779]
§ 405-2207 Challenges to validity of ordinance or map. [1]
The Board shall hear challenges to the validity of this chapter or the Map, except as indicated in Act 247, as amended, the Municipalities Planning Code, 53 P.S. §§ 11002-A and 10916.1. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 405-2302C hereof. At the conclusion of the hearing, the Board shall decide all contested questions and make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
§ 405-2208 Unified appeals.
Where the Board has jurisdiction over a zoning matter pursuant to §§ 405-2203, 405-2204 and 405-2207, 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. In any such case, the Board shall have no power to pass upon the nonzoning issues but shall take evidence and make a record thereon provided in § 405-2302C hereof. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
§ 405-2209 Actions in exercising powers.
In exercising the above-mentioned powers, the Zoning Hearing Board may, in conformity with law and the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as, in its opinion, ought to be made. Notice of such decision shall forthwith be given to all parties in interest.
§ 405-2210 General rules and procedures for appeals and applications.
A.
Any appeal from the ruling of the Zoning Officer concerning the enforcement and interpretation of the provisions of this chapter shall be filed with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.
B.
All appeals and applications made to the Board shall be made in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees prescribed by resolution of the Borough Council of the Borough of Lansdale.
C.
All appeals and applications shall refer to the specific provisions of the chapter involved.
§ 405-2211 Who may appeal.
Appeals to the Zoning Hearing Board may be taken by any person or Borough of Lansdale official aggrieved or affected by any provisions of this chapter or by any decision, including any order to stop, cease and desist issued by the Zoning Officer in enforcing the provisions of this chapter.
§ 405-2212 Hearings.
[Amended 8-4-1993 by Ord. No. 1509]
Upon the filing with the Zoning Hearing Board of an application for a special exception, variance or interpretation of this chapter, the Board shall fix a reasonable time for a public hearing thereon, which shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
A.
Notices shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
B.
Public notice shall be given and written notice shall be given to the applicant, to the Zoning Officer, to such other persons as the governing body shall designate by ordinance and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
C.
A notice thereof shall be mailed to the Borough Secretary and to each member of the Borough Council and to the Planning Commission Chairman.
D.
When the Board shall so order, a notice thereof shall be mailed or delivered to the owner, if his residence is known, or to the occupier of every lot within 150 feet of the property lot lines of the lot in question, provided that failure to give a notice required by this subsection shall not invalidate any action taken by the Board.
E.
A notice herein required shall state the location of the lot or building and the general nature of the question involved.
§ 405-2213 Technical assistance.
The Zoning Hearing Board, in considering any matter within its jurisdiction, may consult with the Borough of Lansdale Planning Commission, the Montgomery County Planning Commission or any other specialists or groups of specialists having expert knowledge of the matter under consideration but need not be bound thereby.
§ 405-2214 Expiration of special exceptions and variances.
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit or a certificate of occupancy, as the case may be, within six months from the date of authorization thereof.
§ 405-2215 Court appeals. [1]
Any persons aggrieved by any decision of the Zoning Hearing Board or any taxpayer or the Borough Council may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of Montgomery County, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law and specify the grounds upon which he relies. Such appeals shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.[2]
§ 405-2216 Fees.
A.
The applicant for any hearing before the Zoning Hearing Board shall, at the time of making application, pay to the Zoning Officer for the use of the Council a fee in accordance with a fee schedule adopted by resolution of the Borough Council upon enactment of this chapter or as such schedule may be amended from time to time.
B.
Fees for Zoning Hearing Board hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
[Added 8-4-1993 by Ord. No. 1509]