Plymouth Township City Zoning Code
ARTICLE XXI
Zoning Hearing Board
Section 2100 Establishment and membership.
[Ord. No. 793, § 1, 3-13-1978; Ord. No. 872, § 1, 3-8-1982; Ord. No. 1036, § 2(A), 4-23-1990]
There shall be a zoning hearing board shall consist of five (5) members who shall be appointed by the township council. The terms of office shall be five (5) years and shall be so fixed that the term of office of not more than one member shall expire each year. Council shall fill any vacancy for the unexpired term of a member who shall leave the board for any reason. Members of the zoning hearing board may be removed in accordance with section 905 of the Municipalities Planning Code. The word "board," as used in this article, shall mean the zoning hearing board. Council may appoint by resolution at least one but not more than three (3) residents of the township to serve as alternate members of the board. The term of office an alternate member shall be three (3) years.
Section 2101 Powers.
[Ord. No. 605, § 1, 11-9-1970]
The Board shall have the following powers:
A.
Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Ordinance.
B.
Special Exceptions. To authorize, upon application, special exceptions to the terms of this Ordinance in such cases as are herein expressly provided for, in harmony with the general purpose and intent of this Ordinance, with power to impose appropriate conditions and safeguards.
C.
Variances. To authorize, upon appeal, in specific cases such variances from the terms of this Ordinance as will not be contrary to public interest, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. In exercising the above mentioned powers, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made. Notice of such decision shall forthwith be given to all parties in interest.
D.
Standards of Proof.
1.
An applicant for a special exception shall have the burden of establishing both:
2.
An applicant for a variance shall have the burden of establishing both:
3.
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:
(a)
Substantially increase traffic congestion in the streets;
(b)
Increase the danger of fire or panic or otherwise endanger the public safety;
(c)
Overcrowd the land or create an undue concentration of population;
(d)
Impair an adequate supply of light and air to adjacent property;
(e)
Be consistent with the surrounding zoning and uses;
(f)
Adversely affect the comprehensive plan of the Township;
(g)
Unduly burden water, sewer, school, park or other public facilities;
(h)
Be detrimental to the appropriate use of adjacent property; or
(i)
Endanger the safety of persons or property by improper location or design of facilities for ingress or egress; or
(j)
Otherwise adversely affect the public health, safety morals or general welfare.
4.
In all cases the applicant's burden of proof shall include the duty of presenting credible evidence sufficient to persuade the Board that applicant has satisfied the criteria set forth in subparagraphs D.1.(a) and D.2.(a) of this section. In any case where (i) the Board requests that the applicant produce evidence relating to the criteria set forth in subparagraph D.3. of the section, or (ii) any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in subparagraph D.3. of 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.
Section 2102 Rules of procedure.
The Board shall adopt Rules of Procedure in accordance with the several provisions of this Ordinance as to the manner of filing appeals, applications for special exceptions, and appeals for variances from the terms of this Ordinance, and as to the conduct of the business of the Board.
Section 2103 Meetings.
Meetings of the Board shall be held at the call of the chairman and at such other 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 a member is absent or fails to vote, indicating such fact and shall keep records of its examination and other official actions all of which shall be immediately filed with the Township Secretary and shall be a public record.
Section 2104 Appeals to the board.
[Ord. No. 793, §§ 1, 10, 3-13-1978]
An appeal to the Board may be taken by any person, including any officer of the Township in his official capacity, aggrieved or affected by any decision of the Zoning Officer. Such appeal shall be taken within thirty (30) days of the decision of the Zoning Officer by filing with him and with the Zoning Hearing Board a notice of appeal specifying the grounds therefor. The Zoning Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
Section 2105 Applications for special exceptions and appeals for variances.
An application for a special exception or an appeal for a variance from the terms of this Ordinance may be filed with the Board, and shall state:
1.
The name and address of the applicant;
2.
The name and address of the owner of the real estate to be affected by the proposed exception or variance;
3.
A brief description and location of the real estate to be affected by such proposed change;
4.
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof;
5.
A statement of the section of this Ordinance under or from which the exception or variance requested may be authorized, and reasons why it should be granted;
6.
A reasonably accurate description of the present improvements and the additions intended to be made under the application, if any, indicating the size of such proposed improvements, material, and general construction thereof;
7.
There shall be attached a plot plan of the real estate to be affected, indicating the location and the size of the lot and the location and the size of improvements now erected and proposed to be erected thereon.
Section 2106 Public hearings.
[Ord. No. 793, § 1, 3-13-1978; Ord. No. 1036, § 2, 4-23-1990]
Upon the filing with the Board of an appeal or of an application for a special exception or of an appeal for a variance, the Board shall fix a reasonable time for a public hearing thereon and shall give notice thereof as follows:
A.
By publishing a notice thereof once each week for two (2) successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.
B.
By mailing a notice thereof to the parties in interest.
C.
By mailing a notice thereof to the Township Secretary and to each member of the Township Council.
D.
By mailing a notice thereof to every resident or association of residents of the Township who shall have registered their names and addresses for this purpose with the Board.
E.
When the Board shall so order, by mailing or delivering a notice thereof to the owner if his residence is known or to the occupier of every lot on the same street within five hundred (500) feet of the lot or building in question and of every lot not on the same street within one hundred fifty (150) feet of the said lot or building, provided that failure to give a notice required by this paragraph shall not invalidate any action taken by the Board.
F.
The notice herein required shall state the location of the lot or building and the general nature of the question involved.
G.
In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearing.
Section 2107 Certificates of the board.
It shall be the duty of the Board to issue a Certificate in any case wherein a special exception or a variance is granted. The Board may cancel or revoke any certificate for any violation of this Ordinance or of conditions imposed.
Section 2108 Expiration of decision and order.
[Ord. No. 678, § 1, 9-10-1973; Ord. No. 1241, § 4, 9-22-1997]
Unless otherwise specified by the Board, a decision and order of the Board pertaining to a special exception, variance, interpretation or other relief, shall expire if the applicant fails to obtain a building permit or a use and occupancy permit, as the case may be, within one (1) year from the date of the decision and order. The use granted by a decision and order of the Board shall expire if such use is abandoned or discontinued for a continuous period of one (1) year or more.
Section 2109 Appeal to court.
[Ord. No. 1293, § 11, 6-15-1999]
Any person aggrieved by any decision of the Board, or any taxpayer, or any officer of the Township, may within thirty (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.
The cost of the original transcript shall be paid by the person appealing from the decision of the board if such appeal is made. The cost of additional copies shall be paid by the person requesting such copy or copies.