Lower Makefield Township
City Zoning Code
City Zoning Code
ARTICLE XXIII
Zoning Hearing Board; Appeals
§ 200-94 Membership of Board and election of officers.
A.
The Zoning Hearing Board shall consist of five members appointed by resolution by the Board of Supervisors for overlapping five-year terms. The Board of Supervisors may appoint by resolution at least one but not more than three residents of the Township to serve as alternate members of the Board. The term of office for an alternate member shall be three years. When designated as a voting alternate, 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 Article and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any nonvoting 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 unless designated as a voting alternate member.
[1]
Editor's Note: This ordinance also provided that the initial appointments for the two new permanent members of the Zoning Hearing Board shall have terms so that the term for the first person appointed shall expire December 31, 2000, and the term for the second person shall expire December 31, 2001.
B.
If by reason of absence or disqualification of a member a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
C.
The Board shall elect a Chairman, Vice Chairman and Secretary from its membership who shall serve annual terms and may succeed themselves. The 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.
§ 200-95 Removal of members.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a 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.
§ 200-96 Interpretation appeals.
Any person aggrieved by any decision of the Zoning Officer shall have the right to appeal to the Zoning Hearing Board within 30 days of such decision by filing with the Zoning Hearing Board, specifying the grounds thereof and including the following:
A.
The name and address of the applicant or appellant.
B.
The name and address of the owner of the lot to be affected by such proposed change or appeal.
C.
A brief description and location of the lot to be affected by such proposed change or appeal.
D.
A statement of the present zoning classification of the lot in question and the present use thereof.
E.
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
F.
A reasonably accurate description of the present improvements and the addition or changes intended to be made under this application, indicating the size, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereon.
§ 200-97 Variance appeals.
A.
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. The Board shall prescribe the form of application and require preliminary application to the Zoning Officer. The Board may grant a variance, provided that the following findings are made where relevant in a given case:
(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 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 the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship had 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.
(5)
That the variance, if authorized, will represent the minimum variance which will afford relief and the least modification possible of the regulation in issue.
B.
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.
§ 200-98 Special exception applications.
A.
The Board shall hear and decide requests for such special exceptions in accordance with express 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. In denying special exceptions, the Board shall state, in writing, the reasons for the denial. The Board shall pursue the following procedure:
(1)
The Board's decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.
(2)
No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the area and, where appropriate, with reference to the adequacy of the site area and arrangement of buildings, driveways, parking areas, off-street truck loading spaces and other pertinent features of the site plan. The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that said Commission shall fail to file its report within such 30 days, such application shall be deemed to have been approved by said Planning Commission. The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application.
(3)
After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this chapter. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue such permit if, in its judgment, the use meets all specific provisions and criteria contained in this chapter and the following general provisions:
(a)
That the proposed use is in accordance with the spirit, purpose and intent of the Comprehensive Plan and in conformance with all applicable requirements of this chapter and Chapter 178, Subdivision and Land Development.
(b)
That the proposed location of a public, industrial or commercial use is suitable with respect to probable effects on highway traffic and that it is suitable with respect to adequate access arrangements in order to protect major streets and highways from undue congestion and hazard.
(c)
That there are adequate sanitation and public safety provisions and that a certificate of adequacy of sewage and water facilities from a governmental health agency has been obtained. Public, commercial, industrial and institutional uses shall have public water and public sewage disposal.
(d)
That all public, commercial or industrial parking, loading, access or service areas shall be adequately illuminated at night while in use and that such lighting, including sign lighting, shall be arranged so as to protect the highway and the neighboring properties from direct glare or hazardous interference of any kind.
B.
The Zoning Hearing 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.
§ 200-99 Challenge to validity of chapter.
A.
The Zoning Hearing Board shall hear challenges to the validity of this chapter, except those brought before the Board of Supervisors as specifically provided by Article IX of the Pennsylvania Municipalities Planning Code, as amended,[1] and challenges to the validity of this chapter 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.
[1]
Editor's Note: See 53 § 10101 et seq.
B.
In all such challenges, the Board shall take evidence and make a record thereon. 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 any subsequent appeal to court.
§ 200-100 Orders.
In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, including any order requiring an alleged violator to stop, cease and desist, and may make such order, requirement, decision or determination, including stop orders or orders to cease and desist as ought to be made. Notice of such decision shall forthwith be given to all parties in interest.
§ 200-101 Adoption of rules.
The Zoning Hearing Board shall adopt rules in accordance with the provisions of this chapter. Such rules shall include but shall not be limited to the manner of filing appeals, the manner of filing applications for special exceptions and variances from the terms of this chapter and the manner of giving notice of public hearings where required under the terms of this chapter.
§ 200-102 Meetings.
Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at other times as the Zoning Hearing Board may determine. The Chairman or, in his absence, the Vice Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be kept open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member on 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 with the Township Secretary and shall be a public record.
§ 200-103 Records and decisions.
A.
The Board shall keep a stenographic record of the proceedings and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
B.
The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
C.
The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
§ 200-104 Public hearings.
Upon the filing with the Zoning Hearing Board of an appeal or an application for which a public hearing is required, the following procedures shall be followed.
A.
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, owners of all properties within 200 feet of the lot line, building, or structure at issue, and to any other person who has made timely written request for notice. If the application, in whole or in part, requests a use variance, public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, owners of all properties within 400 feet of the lot line of the lot, building, or structure at issue and to any other person who has made timely written request for notice. The Township will provide all affected individuals and entities notice of the application by mail. Written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
[Amended 8-21-2024 by Ord. No. 455]
B.
The hearing 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.
C.
The Board shall render a written decision or written findings on the application within 45 days after the last hearing or, if such hearing is continued, within 45 days after said continued hearing. If the Board does not make a decision within 45 days after the hearing or continued hearing it shall be deemed that such Board has decided in favor of the person or Township official aggrieved or affected who is seeking relief, unless the applicant has agreed in writing to an extension of time.
D.
Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code,[1] this chapter or other rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusions are deemed appropriate in the light of the facts found. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinafter provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision. If the Board shall fail to provide such notice the appellant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
A copy of the final decision, or where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him not later than the day following the date of the decision. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 200-105 Expiration of special exceptions and variances.
[Amended 10-3-2018 by Ord. No. 414]
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain a building permit or occupancy certificate, as the case may be, within two years from the date of authorization thereof.
§ 200-106 Administration.
[Amended 10-21-1996 by Ord. No. 305]
The Board of Supervisors shall from time to time make rules and regulations in order to facilitate the administration of matters before the Zoning Hearing Board and in addition thereto shall from time to time establish reasonable fees by resolution in order to defray the cost of stenographic, engineering, planning and such other similar services in accordance with the Municipalities Planning Code.[1] Such fees shall be set in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 200-107 Appeals to court.
Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision of the Board, file an appeal to the Court of Common Pleas of Bucks County. Such appeals shall be made in accordance with Article X-A of the Pennsylvania Municipalities Planning Code, as amended.
§ 200-108 Stay of proceedings.
Upon filing of any proceeding 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 in accordance with § 915.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.
§ 200-109 Time limitations.
[Amended 10-21-1996 by Ord. No. 305]
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Township official, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and provides that he had no motive, 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 in interest. The failure of anyone other than the landowner to appeal from the adverse decision by the Zoning Officer or a challenge to the validity of an ordinance or map shall preclude an appeal from a final approval, except in the case where the final submission substantially deviates from the approved tentative approval.