North Wales City Zoning Code
ARTICLE XXI
Zoning Hearing Board
§ 208-110 Appointment.
A.
The Borough Council of North Wales Borough shall appoint a Zoning Hearing Board consisting of three or five members who shall be residents of the Borough. The members of the Zoning Hearing Board shall be removable for cause by a majority vote of Borough Council upon written charges and after a public hearing. The word "Board," when used in this article, shall mean the "Zoning Hearing Board."
B.
The terms of office of a three-member Board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member Board shall be five years and shall be so fixed that the term of office of one member of a five-member Board shall expire each year. If a three-member Board is changed to a five-member Board, the members of the existing three-member Board shall continue in office until their term of office would expire under prior law. The governing body shall appoint two additional members to the Board with terms scheduled to expire in accordance with the provisions of this section. 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.
C.
Alternate members may be appointed by the Borough Council as provided for under the Pennsylvania Municipalities Planning Code. When seated pursuant to the Pennsylvania Municipalities Planning Code,[1] an alternate shall be entitled to participate in all proceedings and discussions of the Board.
[1]
Editor's Note: See now 53 P.S. § 10101 et seq.
§ 208-111 Powers and duties.
The Board shall have the following powers:
A.
Appeals and interpretations. 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 this chapter or administrative procedures adopted pursuant thereto. To interpret upon the words, terms, rules, regulations, provisions and restrictions of this chapter where there is doubt as to the meaning thereof, including determination in specific instances whether questionable uses are permitted by virtue of being "similar to" or "customarily incidental to" permitted uses as may be specifically provided by this chapter.
B.
Special exceptions. To hear and decide special exceptions to the terms of this chapter, in such cases as are herein expressly provided for, with power to impose appropriate conditions and safeguards.
(1)
The Board shall request a review of the application for special exception by the Planning Commission prior to the publicly scheduled public hearing to determine whether the standards of this chapter have been met and any recommendations for conditions of approval. Final approval and determination of these conditions shall be made by the Board.
C.
Variances.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of this chapter 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 this chapter 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 this chapter 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.
§ 208-112 Burden of proof.
A.
An applicant for a special exception shall have the burden of establishing:
B.
An applicant for a variance shall have the burden of establishing:
C.
In determining whether the allowance of a special exception or a variance is contrary to the public interest, the Zoning Hearing Board shall consider whether the application, if granted, will:
(1)
Be detrimental to appropriate use of adjacent property.
(2)
Cause undue congestion of pedestrian or vehicular traffic.
(3)
Endanger the safety of persons or property by improper location or design of facilities for ingress or egress.
(4)
Increase the danger of fire or otherwise endanger the public safety.
(5)
Overcrowd the land or create an undue concentration of population.
(6)
Impair an adequate supply of light and air to adjacent property.
(7)
Adversely affect transportation or unduly burden water, sewer, school, park or other public facilities.
(8)
Adversely affect the public health, morals, safety or general welfare.
(9)
Run counter to the spirit and purpose of this chapter.
D.
The applicant for a special exception or variance shall have the duty of presenting credible evidence relating to the criteria set forth above.
§ 208-113 Standards.
In any instance where the Zoning Hearing Board is required to consider a special exception or variance to this chapter or the Zoning Map in accordance with the provisions of this chapter, the Board shall, among other things:
A.
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.
B.
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.
C.
Determine that the proposed change will serve the best interests of the Borough, the convenience of the community (where applicable), and the public welfare.
D.
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.
E.
Consider the suitability of the proposed location of an industrial or commercial use with respect to probable effects upon highway traffic, and ensure adequate access arrangements in order to protect all streets from undue congestion and hazard.
F.
Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable.
G.
Impose such conditions, in addition to those required, as are necessary to ensure 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, adequate standards of parking and sanitation.
§ 208-114 Orders.
In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and, to that end, shall have all the powers of the officer from whom the appeal is taken.
§ 208-115 Procedures.
The Board shall adopt rules of procedure in accordance with the several provisions of this chapter as to manner of filing appeals or applications for special exceptions or for variance from the terms of this chapter. All appeals and application shall refer to the specific provision of the chapter involved, and shall exactly set forth the interpretation that is claimed, the use for which the special exception is sought, the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
§ 208-116 Meetings.
Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may determine the Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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, 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 a public record.
§ 208-117 Technical assistance.
The Zoning Hearing Board in considering any matter within its jurisdiction may consult with the North Wales Borough Planning Commission, the Montgomery County Planning Commission or any other specialist or groups of specialists having expert knowledge of the matter under consideration.
§ 208-118 Hearings.
A.
Upon the filing with the Board of an application for a special exception or for variance or an interpretation or appeal from the terms of this chapter, the Board shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined herein.
B.
Written notice shall be given to the applicant, the Zoning Officer and the Council and to any person who has made timely request for the same. In addition, written notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
C.
At the discretion of the Board, by mailing a notice to all property owners within 250 feet, if only a particular area is involved.
D.
The notice shall state the general nature of the proposed amendment and that full opportunity to be heard will be given to any citizen and all parties interested in attending such hearing. The notices herein required shall state the location of the building or lot and the general nature of the question involved.
E.
The hearing shall be held within 60 days from the date the applicant's request is filed, unless the applicant has agreed, in writing, to an extension of time.
F.
The Board shall keep a stenographic record of the proceedings.
G.
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 or hearing officer. 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.
§ 208-119 Expiration of special exceptions and variances.
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain a permit in connection therewith within 365 days of the date of authorization thereof. In those instances where land development/subdivision approval is a necessary prerequisite prior to obtaining a building permit, the special exception or variance shall expire if the applicant fails to make a diligent effort to obtain such approval within 180 days following the date of approval. Upon receipt of land development approval, the special exception or variance shall expire if a building permit is not obtained within 365 days of the date of the land development approval.
§ 208-120 Appeals.
Appeal to court. Any person aggrieved by any decision of the Borough Zoning Hearing Board may, in 30 days after any 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, specifying the grounds upon which he relies.
§ 208-121 Charges.
A charge which shall be determined, from time to time, by the North Wales Borough Council shall be made, payable in advance, for the following:
A.
For each application made to the Zoning Hearing Board for the granting of a special exception or a variance or for an appeal from a decision of the Zoning Officer wherein the application for a special exception or variance or appeal from the Zoning Officer concerns premises which are zoned residential and which will contain no more than two single-family dwelling units.
B.
For all other applications made to the Zoning Hearing Board for the granting of a special exception or a variance and for all other appeals from a decision of the Zoning Officer.
C.
For each application made to the Zoning Hearing Board or Borough Council which constitutes a challenge to this chapter, or parts thereof; or Zoning Map, or parts thereof.