Nether Providence Township
City Zoning Code
City Zoning Code
ARTICLE XX
Zoning Hearing Board
§ 300-119 Composition.
[Amended 12-10-1992 by Ord. No. 581]
The Zoning Hearing Board shall consist of five residents of the Township of Nether Providence appointed by the Board of Commissioners of the Township of Nether Providence in accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, P.L. 805, as amended.[1] Members can hold no other office in the municipality and may not be members of the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 300-120 Organization.
A.
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.
B.
For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but where two members are disqualified to act in a particular matter, the remaining member or members may act for the Board.
[Amended 12-10-1992 by Ord. No. 581]
C.
The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in § 300-123.
D.
The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the municipality and laws of the commonwealth.
E.
The Board shall keep full public records of its business and shall submit a report of its activities to the Township of Nether Providence once a year.
§ 300-121 Expenditures for services.
Within the limits of funds appropriated by the Township of Nether Providence, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Township of Nether Providence, but in no case shall it exceed the rate of compensation authorized to be paid to the members by the Township of Nether Providence.
§ 300-122 Powers and authority.
[Amended 12-10-1992 by Ord. No. 581]
A.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(2)
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 municipality and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(3)
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.
(4)
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.
(5)
(7)
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the Zoning Ordinance.
(9)
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 relate to development not involving applications under Article V or VII of the Pennsylvania Municipalities Planning Code.[6]
[6]
Editor's Note: See 53 P.S. § 10501 et seq. and 53 P.S. § 10701 et seq., respectively.
B.
Variances.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance 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 the Zoning Ordinance 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 the Zoning Ordinance 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 appellant.
(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.
C.
Special exceptions.
(1)
Where the governing body, in the Zoning Ordinance, has stated special exceptions to be granted or denied by the 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.
(2)
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 the Zoning Ordinance and the Municipalities Planning Code.[8]
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
In determining whether the allowance of a special exception or a variance is contrary to the public interest, the Board shall consider whether the application, if granted, will:
(1)
Substantially increase traffic congestion in the streets.
(2)
Increase the danger of fire or panic or otherwise endanger the public safety.
(3)
Overcrowd the land or create an undue concentration of population.
(4)
Impair an adequate supply of light and air to adjacent property.
(5)
Be consistent with the surrounding zoning and uses.
(6)
Be consistent with the Comprehensive Plan of the Township.
(7)
Unduly burden water, sewer, school, park or other public facilities.
(8)
Otherwise adversely affect the public health, safety, morals or general welfare.
E.
In each of the foregoing instances of applications for special exceptions and/or variances, the applicant's burden of proof shall include the duty of presenting credible evidence sufficient to persuade the Board that the applicant has satisfied the criteria of this section. In any case where the Board requests that the applicant produce evidence relating to the criteria of this section or where any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in this section, the applicant's burden of proof shall include the burden of presenting credible evidence sufficient to persuade the Board that allowance of a special exception or variance will not be contrary to the public interest with respect to the criteria so placed in issue.
§ 300-123 Hearings and decisions.
§ 300-124 Expiration of special exception or variance.
[Amended 6-15-2023 by Ord. No. 850]
Unless otherwise specified by the Board, a special exception or variance shall expire in the event that the applicant shall fail to obtain a building permit within 18 months from the date of authorization thereof by the Board's decision.