Ralpho Township City Zoning Code
PART 8
ZONING HEARING BOARD
§ 801 Creation; Appointment; Organization.
[Ord. 100, 10/12/1993, § 801]
1.
Creation of Board. The Board of Supervisors has created a Zoning Hearing Board, herein referred to as the "Board," appointed by the Board of Supervisors pursuant to Article IX of the Pennsylvania Municipalities Planning Code, as amended, who shall perform all the duties and have all the powers prescribed by said Code and as herein provided.
2.
Appointment. One member of the Board shall be designated to serve until the first day of January following the adoption of this Chapter, one until the first day of the second January thereafter and one until the first day of the third January thereafter. Their successors shall be appointed on the expiration of their respective terms to serve for a term of three years. Members of the Board shall hold no other office in the Township except that no more than one member may also be a member of the Planning Commission. Additional Board members may be appointed as permitted or as required by the Municipalities Planning Code, as amended, the maximum size of the Board not to exceed five members.
3.
Removal. Any Board member 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, if the Board member requests one in writing.
4.
Vacancies. Vacancies shall be filled by appointment by the Board of Supervisors for the unexpired portion of the vacated term.
5.
Compensation and Expenditures for Services.
A.
The members of the Board shall receive such compensation as shall be fixed by the Board of Supervisors, by resolution, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
B.
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.
6.
Organization. The Board may promulgate such rules and forms for its procedure, not inconsistent with this and other ordinances of the Township and laws of the Commonwealth of Pennsylvania, as it may deem necessary to the proper performance of its duties and to the proper exercise of its powers. Such rules shall be continued in force and effect until amended or repealed by the Board or by law. The Board shall elect from its own membership its officers, who shall serve annual terms as such, and may succeed themselves.
7.
Meetings. Meetings and hearings of the Board shall be held at the call of the chairman and at such other times as the Board by majority vote may determine.
8.
Minutes and Records. The Board shall keep full public records of its proceedings showing the vote of each member upon each question or if absent or failing to vote, indicating such fact. The Board shall also keep full public records of its business and other official action, copies of which shall be immediately filed with the Secretary of the Board of Supervisors. The Board shall submit an annual report of its activities each year to the Board of Supervisors.
§ 802 Hearings.
[Ord. 100, 10/12/1993, § 802]
Hearings shall be in accordance with the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) and rules promulgated by the Zoning Hearing Board.
§ 803 Functions of the Zoning Hearing Board.
[Ord. 100, 10/12/1993, § 803]
Functions of the Zoning Hearing Board shall be in accordance with the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) and rules promulgated by the Zoning Hearing Board.
§ 804 Special Exception Conditions.
[Ord. 100, 10/12/1993, § 804; as amended by Ord. 119, 4/14/1998; Ord. No. 197, 12/12/2023]
Special exceptions shall be allowed in the appropriately designated districts subject to applicable State and local rules, regulations or ordinances as well as to the safeguards and conditions contained herein:
A.
General.
(1)
Special Exception Applications. In this Chapter, special exceptions may 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. 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 this Chapter. The Board shall pursue the following procedure.
(a)
The Board's decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.
(b)
No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the area and, where appropriate, with reference to the adequacy of the site area and arrangement of buildings, driveways, parking areas, off-street truck loading spaces and other pertinent features of the site plan. The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that said Commission shall fail to file its report within such 30 days, such application shall be deemed to have been approved by said Planning Commission.
(2)
The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this Chapter. The Zoning Hearing Board may thereafter direct the Code Enforcement Officer to issue such permit if, in its judgment, the use meets all specific provisions and criteria contained in this Chapter and the following general provisions:
(a)
In accordance with the Comprehensive Plan and consistent with the spirit, purposes and intent of this Chapter.
(b)
In the best interest of the community, the public welfare and a substantial improvement to the property in the immediate vicinity.
(c)
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.
(d)
In conformance with all applicable requirements of this Chapter.
(e)
Suitable in terms of effects on highway traffic and safety, with adequate access arrangements to protect streets from undue congestion and hazard.
(f)
In accordance with sound standards of subdivision practice, where applicable.
(3)
The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will secure substantially the objectives of this Chapter.
B.
Other Uses and Other Conditions.
(1)
Conditional Use Permits.
(a)
Procedures. Applications for conditional uses permitted by this Chapter shall be made in writing to the Code Enforcement Officer by the owner or authorized agent on a form supplied by the Code Enforcement Officer. The Code Enforcement Officer shall simultaneously refer such application to the Planning Commission and the Board of Supervisors. The Planning Commission shall review the application and, within 30 days of receipt, submit its recommendations to the Board of Supervisors for decision. The Board of Supervisors will make a decision pursuant to public notice and hearing and the recommendations of the Planning Commission and pursuant to express standards and criteria set forth in this Chapter. The Code Enforcement Officer in turn shall, within 10 days of decision by the Board of Supervisors, forward, if approved, an approved building permit or occupancy permit, as appropriate, to the applicant; if disapproved, so notify the applicant.
(b)
Criteria. The recommendations of the Planning Commission and the decision of the Board of Supervisors shall be based on, but not limited to, the following standards and criteria.
1)
Compatibility. The proposed use will be reviewed as to its relationship to and effect upon surrounding land uses and existing environmental conditions regarding the pollution of air, land and water; noise; potential of hazards and congestion; illumination and glare; restrictions to natural light and circulation of air.
2)
Purpose. Review the intended purpose of the proposed use as it relates to the area's development objectives established in the Comprehensive Plan.
3)
Suitability. The nature of activity and population served, numbers of participating population, frequency of use, adequacy of space and spatial requirements, potential generation and impact of congestion will be reviewed as suitably related to the proposed location of potential use.
4)
Accessibility. Ingress and egress to the site of the proposed use, circulation and movement of pedestrian and vehicular traffic, parking requirements and accessibility to the existing and proposed area highway system will be reviewed.
5)
Serviceability. Reviews will be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal and the ability of the area to supply such services.
C.
Sanitary landfills subject to the following conditions:
(1)
Each landfill site shall have a valid operating permit from the Department of Environmental Protection.
(2)
Sections of the sanitary landfill application as required by the Pennsylvania Solid Waste Management Act, as amended, shall be filed with the Board including the delineation of total area to be filled, source of cover material, compaction, application of cover material, management of surface and subsurface waters, leachate collection and treatment, vector and dust control, control or erosion, vegetation and elevation and grade of final cover. In addition, proposed reuse plans for the site shall be filed.
(3)
See § 405(8).
(4)
Hours of operation shall be limited to daylight hours.
(5)
Ingress and egress access ways shall be suitably improved to insure dust control.
(6)
No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract.
(7)
The Code Enforcement Officer, acting upon the complaints of residents, may revoke this permit for the repeated violation of the preceding conditions. Such revocation shall entitle the applicant to a rehearing before the Board without fee.
D.
Public or private schools subject to the following conditions:
(1)
Shall be limited to day schools, nursery schools, schools for the blind, mentally retarded and rehabilitation.
(2)
Minimum site size required is five acres.
(3)
Site shall have major direct access to collector or other major highways as outlined on the plan.
(4)
Parking for automobiles as well as necessary buses shall be off-street and screened from view.
E.
Kennels, riding stables; provided that barn, kennel runway, animal exercise pen or manure storage shall not be located nearer than 100 feet to any residential lot or the street line, exclusive of clearly identified bridle paths.
F.
Keeping of livestock; provided, that accessory buildings and open manure storage shall not be located nearer than 100 feet to any residential lot or street line. No slaughtering shall be permitted on the lot. Grazing areas shall be adequately and securely fenced. No more than one animal shall be permitted for 1/2 acre of lot area.
G.
Membership Clubs, Outdoor Recreation Facilities. Membership clubs, lodges and camps and outdoor recreational facilities such as private and public playgrounds, golf clubs, country clubs, swimming clubs and tennis courts, shall be subject to the following conditions:
(1)
No building or part thereof or any parking or loading area shall be located within 100 feet of any street or lot line.
(2)
The sum of all areas covered by principal and accessory buildings shall not exceed 20% of the area of the lot.
(3)
That any such club is incorporated pursuant to the provision of a membership corporation or unincorporated association approved by the Township Supervisors; and catering exclusively to members and their guests.
(4)
That such use shall occupy a lot with an area of not less than 10 acres.
(5)
That exterior lighting, other than that essential for the safety and convenience of the users of the premises shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots.
H.
Conversion of residences to higher densities subject to the following conditions:
(1)
The minimum lot area per dwelling unit shall not be less than 3,000 square feet per additional dwelling unit over two, added to the original 8,000 square feet for a two unit dwelling.
(2)
Conversion shall not be allowed unless off-street parking is provided on the premises at a rate of two off-street parking spaces per each dwelling unit proposed within the existing structure.
(3)
Conversion shall not be allowed unless at least 500 square feet of open space per family can be provided on the lot for the use and enjoyment of dwelling unit occupants.
(4)
Where off-street parking cannot be accommodated on the lot, shared off-street lots may be permitted at the discretion of the Zoning Hearing Board.
I.
Major Utility Lines. Major utility transmission lines including gas, petroleum and petroleum products, and electric transmission lines shall be permitted by special exception in the A-F, and the R districts subject to the condition that an environmental impact statement shall be submitted to the Zoning Hearing Board. This statement shall include, but not be limited to, the following:
J.
Sewage Treatment Plants. Sewage treatment plants shall be permitted by special exception in the Residential District subject to the following conditions:
(1)
Building height shall not exceed 35 feet.
(2)
A minimum of 100 feet is required from any district.
(3)
Any open tanks shall be adequately protected by an eight-foot security locked fence.
(4)
The maximum coverage by structures shall not exceed 40% of the lot area.
(5)
All grounds not used for structures, drives, etc., shall be kept landscaped. Structures shall be well screened from public view.
(6)
The operation of the plant shall not create a public nuisance due to excessive noise, odor, vibration, dust, smoke or other objectionable causes.
K.
Abattoirs. As special exception in the A-F Agricultural Forest, abattoirs may be permitted subject to the following regulations:
(1)
No building, exclusive of office or warehouse, shall be located within 100 feet of the property line.
(2)
All livestock shall be kept within a completely enclosed building or if not completely enclosed, screened from all sides by a masonry wall or solid board fence not less than eight feet in height.
(3)
Engineering plan for control of odor, noise, air and water pollution shall be submitted to the Board of Supervisors for review and approval.
(4)
Engineering plans for the proposed water supply and for sewage disposal shall be submitted to the Board of Supervisors for review and approval.
L.
Auto Salvage and Junkyard. Refer to § 405(7).
M.
Agritainment. When considering whether to approve a special exception in the A-F Agricultural Forest District for agritainment, in addition to the above and all other lawful criteria, the Zoning Hearing Board shall also specifically consider the following:
(1)
Parking, water supply, wastewater disposal, traffic flow, stormwater and similar infrastructure of the proposed facility and land being made available to ensure it is suitable for the intended use.
(2)
Ensuring that any structures are safe and appropriate for the proposed use, including emergency lighting, ingress and egress, requiring compliance with the Fire and Panic Act,[1] Life and Safety Inspections, and ensuring access to the greatest extent feasible to those with disabilities.
[1]
Editor's Note: See 35 P.S. § 1221 et seq.
(3)
Require the use to have reasonable amounts of insurance.
(4)
Consider buffers, setbacks and other conditions to minimize the impact on adjoining property owners.
(5)
Require that agritainment be conducted on lot(s) of at least five acres.
(6)
Require that adequate provisions are in place to collect litter and ensure it does not leave the site.
(7)
Require that emergency contingency plans be in place and have the successful applicant provide such plans to the Township police, fire companies, and emergency medical service providers.
(8)
Require that operators of the agritainment use must be owners or family members of the owners of the agricultural/farm operation.
(9)
Provided the proposed use is appropriate, consider the length and frequency of the event(s) to minimize any impact on the community and adjoining property owners.
§ 805 Variances and Special Exceptions.
[Ord. 100, 10/12/1993, § 805]
Requests for a variance to provisions of this Chapter shall be directed to the Zoning Hearing Board. Also, requests for special exceptions shall be directed to the Board, application requirements shall be in accordance with rules promulgated by the Board. An application fee pursuant to the current fee schedule shall be submitted with said variance application. The Board shall follow the procedures as set forth in the Pennsylvania Municipalities Planning Code (Act 170 of 1988, as amended); also, see Part 4 for other requirements concerning floodplains.
§ 806 Rezoning.
[Ord. 100, 10/12/1993, § 806]
Requests for rezoning shall be directed to the Township for action. Application requirements shall be pursuant to rules promulgated by the Township. A filing fee for an amount as outlined in the current fee schedule shall be submitted with the application. The Township shall follow the procedures as outlined in Act 170 of 1988, as amended.