New Britain Township
City Zoning Code
City Zoning Code
PART 31
ZONING HEARING BOARD
§ 27-3100 Establishment of Board.
[Ord. 8-14-1995, § 3100]
A Zoning Hearing Board shall be established in order that the objectives of this chapter may be fully and equitably achieved and that a means for competent interpretation of this chapter be provided. The Zoning Hearing Board shall operate in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended.
§ 27-3101 Jurisdiction.
[Ord. 8-14-1995, § 3101]
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 governing body pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Planning Code.
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.
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 therefore, 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 Pennsylvania Municipalities Planning Code.
f.
Applications for special exceptions under the zoning ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 912.1 of the Pennsylvania Municipalities Planning Code.
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 Pennsylvania Municipalities Planning Code.
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 Article V or VII of the Pennsylvania Municipalities Planning Code.
§ 27-3102 Mediation.
[Ord. 8-14-1995, § 3102]
Parties to proceedings before the Zoning Hearing Board may utilize the mediation option pursuant to Article IX of the Pennsylvania Municipalities Planning Code, as amended.
§ 27-3103 Conditions and Standards: Special Exception.
[Ord. 8-14-1995, § 3103]
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 shall take evidence and make a record thereon. At the conclusion of the hearing, the board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
a.
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 New Britain Township Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.
2.
In the best interests of the Township, the convenience of the community, the public welfare and be 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 hazard.
6.
In accordance with sound standards of subdivision practice where applicable.
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.
§ 27-3104 Conditions and Standards: Variances.
[Ord. 8-14-1995, § 3104]
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. Upon appeal from a decision by the Zoning Officer, the 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 piece of property at the time of the enactment of the Ordinance or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece of property, 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.
a.
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 listed below:
1.
That the granting of the variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
2.
That the granting of the variance will not permit the establishment within a district of any use which is not permitted in that district.
3.
There must be proof of unique circumstances. 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 peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
4.
There must be proof of unnecessary hardship.
5.
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
b.
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.