The Board of Commissioners shall appoint a Zoning Hearing Board consisting of three members who are residents of Lower Pottsgrove Township. The Board of Commissioners shall designate one such member to serve until the first day of January following the effective date of this chapter, one to serve until the first day of the second January thereafter, and one to serve until the first day of the third January thereafter; shall appoint three successors on the expiration of their respective terms to serve three years; and shall fill any vacancy for the unexpired term of any member whose term becomes vacant. A member shall hold no other elected or appointed office in the Township nor be an employee of the Township. The members of the Zoning Hearing Board shall be removable for cause by the Board of Commissioners upon written charges and after a hearing, if such hearing is requested in writing by the member subject to removal.

Alternate members.

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Municipalities Planning Code, 53 P.S. § 10101 et seq., or this chapter adopted pursuant thereto.

To hear and decide special exceptions to the terms of this chapter in such cases as are herein expressly provided for, in harmony with the general purposes and intent of this chapter, with power to impose appropriate conditions and safeguards. In granting special exceptions as authorized in this chapter, the Zoning Hearing Board shall consider, inter alia:

To authorize upon appeal, in special cases, such variance from the terms of this chapter that the Board shall feel will not be contrary to the public interest; where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship; and so that the spirit of this chapter shall be observed and justice done.

To hear and decide substantive challenges to the validity of any land use ordinance except those brought before the Board of Commissioners as landowner curatives.

To hear and decide 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 Township 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.

By publishing a notice thereof once in a newspaper of general circulation published or circulated in the Township.

By mailing or serving due notice thereof to the parties in interest and to conspicuously post the affected tract of land at least one week prior to the hearing.

By mailing or serving due notice thereof to the Township.

When the Board shall so order, by mailing or serving notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot on the same street within 500 feet of the lot or building in question and of every lot not on the same street within 150 feet of the said lot or building, provided that failure to give notice required by this section shall not invalidate any action taken by the Board.

The notices herein required shall state the location of the building or lot and the general nature of the question involved.

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date.

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.

Consider the suitability of the property for the use desired. Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter.

Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.

Determine that the proposed change will serve the best interests of the Township, the convenience of the community (where applicable) and the public welfare.

Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.

Consider the suitability of the proposed location of an industrial or commercial use with respect to probable effects upon highway traffic and assure adequate access arrangements in order to protect major streets from undue congestion and hazard.

Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable.

Impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings; planting and its maintenance as a sight or sound screen; the minimizing of noxious, offensive or hazardous elements; and adequate standards of parking and sanitation.

With respect to a variance, determine that there are special circumstances or conditions fully described in the findings applying to the land or buildings for which the variance is sought, which circumstances or conditions are such that the application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.

Determine that the unique circumstances for which the variance is sought were neither created by the owner of the property nor were due to or the result of general conditions in the district in which the property is located.

Requests for special exceptions or variances in any Floodplain Conservation District shall be considered by the Zoning Hearing Board in accordance with the following procedures: