Penn Township Lancaster County
City Zoning Code
City Zoning Code
PART 6
ZONING HEARING BOARD
§ 27-601 Establishment and Membership of Zoning Hearing Board.
[Ord. No. 2022-01, 1/10/2022]
1.
When used in this Part 6, the word "Board" shall mean the Zoning Hearing Board.
2.
There shall be a Zoning Hearing Board which shall consist of five members who shall be appointed by resolution by the Board of Supervisors. The membership of the Board shall consist of residents of the Township. Their terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. 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. Members of the Board shall hold no other office in the Township. Any member of the Board 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 hearing shall be held in connection with the vote if the member shall request it in writing.
3.
Alternate Members. The Board of Supervisors may appoint by resolution at least one, but no more than three, residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 27-602, 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 chapter 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 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 pursuant to § 27-602, unless acting as a voting alternate member pursuant to § 27-602 of this chapter.
§ 27-602 Organization of Board.
[Ord. No. 2022-01, 1/10/2022]
1.
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board, but 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 provide in § 27-604. Alternate members of the Board may participate and may vote in accordance with § 906 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10906.
2.
The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors upon request.
§ 27-603 Expenditures for Services.
[Ord. No. 2022-01, 1/10/2022]
Within the limits of funds appropriated by the Board of Supervisors, 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 Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members pursuant to § 27-602, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors.
§ 27-604 Hearings.
[Ord. No. 2022-01, 1/10/2022]
1.
The Board shall conduct hearings and make decisions in accordance with the provisions of the MPC.
2.
The Zoning Hearing Board, in approving special exception or variance applications, may reasonably attach conditions to such approval, including conditions which are more restrictive than those established for other uses in the same district. The Zoning Officer and his/her designee shall have the power and duty to enforce conditions. The failure to comply with any condition the Zoning Hearing Board imposes constitutes a violation of this chapter and shall be subject to the penalties and remedies set forth in Part 7.
3.
Any site plan presented in support of an application for a special exception or variance shall become an official part of the record for the special exception or variance, and approval of the application will also bind the use in accordance to the substance of the submitted site plan, unless provided otherwise in the decision. Any subsequent substantive change to the use of the property not reflected on the site plan or the decision shall require the applicant to obtain another special exception or variance approval. However, if the Board of Supervisors requires revisions to the site plan as part of the subdivision or land development process, such as the relocation of structures or improvements to address street design or stormwater management design issues, the applicant shall not be required to obtain another special exception or variance approval, unless the revisions are not covered by the original decision.
A.
If a special exception or a use variance is being sought for an industrial use, then the following additional information shall be submitted with the application:
(1)
A description of the operations, including typical types and amounts of hazardous or toxic substances that are stored, manufactured or processed on-site.
(2)
Methods that will be used to contain any accidential spills on-site of materials that could be hazardous to water quality or aquatic life. See also provisions for the Source Water Protection Overlay Districts in Part 10 of this chapter.
(3)
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance). The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to, those of § 27-319 of this chapter.
4.
Effect of Zoning Hearing Board's Decision.
A.
If the variance or special exception is granted or the issuance of a permit is approved, or other action by the appellant or applicant is authorized, the necessary permit shall be secured and the authorized action begun within two years from the date when the variance or special exception is granted, or the issuance of a permit is approved or the other action by the appellant or applicant is authorized, and the building or alteration, as the case may be, shall be completed within four years of said date. For good cause the Zoning Hearing Board may, after receiving an application in writing that states good cause, extend either the two-year or four-year period.
B.
Should the appellant or applicant fail to obtain the necessary permits within the time limits in this Subsection 4, it shall be conclusively presumed that the appellant or applicant has effectively withdrawn his/her appeal or application, and all approvals, variances and permits granted to the applicant shall be deemed automatically rescinded by the Zoning Hearing Board.
C.
Should the appellant or applicant commence construction or alteration within said two-year period, but should he fail to complete such construction or alteration within said four-year period, the Zoning Hearing Board may, upon 10 days' notice in writing, rescind or revoke the granted variance or special exception, or the issuance of the period, or permits, or the other action authorized to the appellant or applicant, if the Zoning Hearing Board finds that a good cause appears for the failure to complete the work within such four-year period, and if the Zoning Hearing Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.
§ 27-605 Zoning Hearing Board's Functions and Standards.
[Ord. No. 2022-01, 1/10/2022]
1.
The Zoning Hearing Board shall have the exclusive jurisdiction to hear and render final decisions as delineated in the MPC.
2.
In considering special exceptions as provided for in this chapter, the Zoning Hearing Board shall proceed as follows:
A.
Specific Criteria. Each applicant shall demonstrate compliance with the specific criteria established in this chapter (such as in Part 4) for the use for which the applicant seeks a special exception, and with all other applicable criteria, such as dimensional requirements, of the district in which the property is located.
B.
General Criteria. Each applicant shall demonstrate, by credible evidence, compliance with the following:
(1)
The proposed use shall be consistent with the purposes and intent of the chapter.
(2)
The proposed use shall not create significant nuisances that would harm the livability of adjoining or nearby residential properties.
(3)
The proposed use shall comply with those criteria specifically attached to it. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(4)
The traffic generated by the proposed use shall be safely and adequately accommodated during peak and nonpeak periods, after considering improvements that the applicant commits to make as a condition of approval.
(5)
The proposed use shall be in and of itself properly designed with regard to internal circulation, parking, buffering, screening, and all other elements of proper design as required by this chapter and any other federal, state, or local ordinance, law, or regulation.
(6)
The proposed use will not have deleterious impact on adjoining properties or the neighborhood due to impacts and/or by-products of the proposed use, such as noise, dust, odor, smoke, litter, glare, heat, radiation, electromagnetic interference, etc.
(7)
For development within the identified floodplain areas established in accordance with Chapter 8, that the application complies with all requirements of Chapter 8.
3.
Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
A.
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.
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 reasonable use of the property.
C.
Such unnecessary hardship has not been created by the applicant.
D.
The variance, if authorized, will not alter the essential character of the district or neighborhood 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.
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue.
F.
For requests for variances from the provisions of Chapter 8 of the Code of Ordinances, the Zoning Hearing Board shall consider such applications in accordance with all requirements set forth in Chapter 8.
G.
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and subject to the penalties described in Part 7.
4.
Persons With Disabilities. This Subsection 4 provides for the receipt of applications and the rendering of determinations for reasonable accommodations requested in accordance with the U.S. Fair Housing Amendments Act of 1988 (FHAA), 42 U.S.C. § 3601 et seq., or the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes.
A.
After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a reasonable accommodation to serve persons who the applicant proves have disabilities as defined in and protected by such laws.
(1)
Such reasonable accommodations shall be requested in accordance with the U.S. FHAA and/or the ADA, as amended.
(2)
If the applicant is requesting a reasonable accommodation under the FHAA or the ADA, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(3)
Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
5.
The Zoning Hearing Board shall also hear and decide upon any other matters for which the Zoning Hearing Board is given responsibility under the MPC. (Note: As of the adoption date of this chapter, such provisions were primarily within § 909.1 of such law.[1])
[1]
Editor's Note: See 53 P.S. § 10909.1.
§ 27-606 Parties Appellant Before Board.
[Ord. No. 2022-01, 1/10/2022]
1.
Appeals under § 27-605 may be filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under § 27-605.3 and for special exception under § 27-605.2 may be filed with the Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
A.
The name and address of the appellant and applicant.
B.
The name and address of the landowner of the real estate to be affected.
C.
A brief description and location of the real estate to be affected by such proposed change, together with a plot plan drawn to scale with sufficient clarity to show the nature and character of the request.
D.
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this chapter under which the request may be allowed, and reasons why it should or should not be granted.
F.
Such other submittal information that is included on the Township application.
§ 27-607 Time Limitations.
[Ord. No. 2022-01, 1/10/2022]
The time period to file an appeal to the Zoning Hearing Board or to the Court of Common Pleas shall be as set forth in the MPC.
§ 27-608 Stay of Proceeding.
[Ord. No. 2022-01, 1/10/2022]
Any stay of any proceeding shall be governed by the provisions of Articles IX and X-a of the MPC.
§ 27-609 Appeal.
[Ord. No. 2022-01, 1/10/2022]
Any person, taxpayer, or the Township aggrieved by any decision of the Zoning Hearing Board may seek review by the Court of Common Pleas of such decision in the manner provided by the laws of the Commonwealth of Pennsylvania and Article X-a of the MPC.
§ 27-610 Application Procedures and Limitations.
[Ord. No. 2022-01, 1/10/2022]
1.
All applications, including appeals, to the Zoning Hearing Board shall be submitted to the Zoning Officer or his/her designee. All applications shall be made on the form supplied by the Township and shall contain all information requested on such form. All applications shall contain the following information:
A.
Name and address of the applicant and, if different, the name and address of the landowner. If the applicant is not the landowner of record, information demonstrating that the applicant has the legal right to make the application shall accompany the application.
B.
Dimensions and shape of the lot to be developed, and the exact location and dimensions of any structure existing or to be erected.
C.
The height of any proposed buildings or structures.
D.
Existing and proposed uses of all existing and proposed structures.
E.
Existing and proposed off-street parking and loading spaces.
F.
A site plan with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
G.
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter, if requesting a special exception or demonstrating unnecessary hardship, if requesting a variance or explaining how the Zoning Officer erred in an appeal from a determination of this chapter.
H.
A reference to all sections of the chapter which are relevant to the application or appeal.
I.
A listing of all special exceptions and/or variances which the applicant is requesting.
2.
Applications shall include the appropriate fee established by resolution or ordinance by the Board of Supervisors. Failure to pay the required filing fee shall render the application incomplete.
3.
The Zoning Officer shall review the application to determine if it is generally in a form that complies with the terms of this chapter. The Zoning Officer may return the application to the applicant and inform the applicant that his/her application is incomplete, and therefore has not been officially received by the Township, and therefore a deadline does not apply for further action by the Township. If the Zoning Officer fails to return an application to the applicant, it shall not be deemed an acknowledgment by the Township that the application meets the requirements of this chapter. Notwithstanding the foregoing, the Zoning Officer shall not return appeals from a determination of the Zoning Officer solely for incompleteness.
4.
After the hearing has been advertised, the applicant shall not be allowed to amend the application in a manner that would be inconsistent with the legal notice, except that the applicant, in writing, may reduce their requests for relief and may reduce the intensity of the proposed use. If additional relief is requested or an intensified use is requested after the legal notice was published, a new legal notice and a revised application shall be required.
A.
The Zoning Hearing Board shall have the authority to decide whether changes to the applicant's proposed plans will be accepted during the process, or whether the changes are substantive enough to warrant a new application, a new notice and new hearing. The applicant shall be required to pay any additional administrative costs of the Township for additional notices or hearings because of changes to their application or plans.
