Richland Township Cambria County
City Zoning Code
City Zoning Code
ARTICLE XVI
Zoning Hearing Board
§ 240-99 Creation, appointment and organization
A.
Creation and membership. There is hereby established a Zoning Hearing Board. The membership of the Board shall consist of five residents of the township appointed by the Board of Supervisors. The members of the Board shall be appointed for a five-year term, however, the terms of the first Board members appointed shall be for a term of one, two, three, four and five years so that each year a Board member's term expires. 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. The Board of Supervisors may appoint one, two or three residents of the township to serve as alternate members of the Zoning Hearing Board. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case by case basis and rotation according to the declining seniority among all alternates. Members of the Board and alternates shall hold no other office in the township.
B.
Removal of members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in the 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.
C.
Organization. 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 the 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. 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 and shall submit a report of its activities to the Board of Supervisors once a year.
D.
Expenses. Within the limits of funds appropriated by the township, 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 township.
§ 240-100 Powers and duties.
A.
General statement of powers. The Zoning Hearing Board shall function in strict accordance with and pursuant to the Pennsylvania Municipalities Planning Code,[1] as amended, and shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment of adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.
(3)
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 therefor or the issuance of any cease and desist order;
(4)
Appeals from a determination by the Municipal Engineer or the Zoning Officer with reference to the administration of the Township Floodplain Ordinance.[3]
[3]
Editor's Note: See Ch. 138, Floodplain Management.
(5)
Applications for variances from the terms of this zoning chapter and the Floodplain Ordinance.
(6)
Applications for special exceptions under this zoning chapter or the Floodplain Ordinance.
(7)
Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code, as amended.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(8)
Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications of the Pennsylvania Municipalities Planning Code, as amended.
(9)
To hear and decide requests for uses as authorized by §§ 240-32A(10), 240-38A(3), 240-62A(62), 240-67A(14), 240-74B(28), 240-80A(32) and 240-87A(20). The applicant shall first appear at a hearing held in accordance with § 240-101 before the Zoning Hearing Board to establish that the proposed use is compatible with the inherent purposes and uses described in the applicable use district. If the Zoning Hearing Board determines that the proposed use is permitted within the applicable use district, and subject to any conditions imposed upon the applicant by the Zoning Hearing Board, the applicant shall, except for §§ 240-32A(10) and 240-38A(3) uses, submit to the Planning Commission a site plan containing the information required in § 240-19 and the district in which the property is located. The Planning Commission shall thereafter act upon the site plan in accordance with § 240-19 and its rules and procedures and shall, in addition, require that the site plan shows an intent to comply with the conditions, if any, imposed by the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The standards for review of proposed variance, special exception or §§ 240-32A(10), 240-38A(3), 240-62A(62), 240-67A(14), 240-74B(28), 240-80A(32) and 240-87A(20) uses.
(1)
In any instance where the Zoning Hearing Board is required to consider a request for variance, special exception or use grant as authorized in §§ 240-32A(10), 240-38A(3), 240-62A(62), 240-67A(14), 240-74B(28), 240-80A(32) and 240-87A(20), the Zoning Hearing Board should determine that the following guidelines are met before granting the request:
(a)
The size, scope, extent and character of the special exception, variance or use requested is consistent with the Comprehensive Plan of the township and promotes the harmonious and orderly development of the zoning district involved.
(b)
The proposed change or modification constitutes an appropriate use consistent with the character and type of development in the area surrounding the location for which the request is made and will not substantially impair, alter or detract from the use of surrounding property or the character of the neighborhood in light of the zoning classification of the area affected; the effect on other properties in the area; the number, extent and scope of nonconforming uses in the area; and the presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the condition of use for which applicant seeks approval.
(c)
The proposed use is suitable with respect to traffic and highways in the area and provides for adequate access and off-street parking arrangements in order to protect major streets and highways from undue congestion and hazard.
(d)
Major street and highway frontage will be developed so as to limit the total number of access points and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the major street or highway.
(e)
The proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police, fire protection and public schools, and assure adequate arrangements for sanitation in specific instances.
(f)
All commercial or industrial parking, loading, access or service areas will be adequately illuminated at night while in use and arranged so as to comply the requirements of Article XVIII dealing with special regulations and relating to access and highway frontage.
(g)
Conditions are being imposed on the grant of the request necessary to ensure that the general purpose and intent of this zoning chapter is complied with and that the use of the property adjacent to the area included in the proposed change or modification is adequately safeguarded with respect to harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
(h)
The proposed change protects and promotes the safety, health, morals and general welfare of the township.
(i)
For further provisions relating to special exceptions, see Article XVII hereof.
(2)
In addition, to approve a proposed variance the Board must also find, where relevant to given causes:
(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 zoning 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 zoning 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 represent the minimum variance that will afford relief and will represent the last modification possible of the regulation in issue.
C.
Powers relative to items not included in zoning chapter. The Zoning Hearing Board shall have the power to make a ruling on all land use items not specifically detailed in this chapter.
D.
Exercise of powers. In exercising the above powers, the Board may reverse or affirm. wholly or partly, or may modify the order, requirement, decision or determination appealed from and such order, requirement, decision or determination as ought to be made and, to that end, shall have all powers of the officer from whom the appeal is taken. Every change granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variation. The decision of the Board shall be made a part of any building permit in which variation is allowed.
E.
Required action. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to allow any variation of this chapter.
F.
Appeal from action of the Board. Any party before the Board or any office or officer of the township or the Supervisors may appeal to the Court of Common Pleas. All zoning appeals shall be filed with the prothonotary not later than 30 days after issuance of the notice of the decision or report of the Board. Appellant's procedure shall follow the requirements of the Pennsylvania Municipalities Planning Code, Act 247.[5]
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Fees.
(1)
Any person other than the Township Supervisors or Planning Commission requesting a hearing before the Zoning Hearing Board shall pay the following fees which shall defray the costs of the Zoning Hearing Board proceedings. including compensation of the Secretary and members of the Board, costs of notice and advertising and necessary administrative overhead expenses. The appearance fee for the stenographer shall be paid equally by the applicant and the Board. Transcription costs are to be paid by the party requesting a transcript, whether original or a copy; however, in a case of an appeal, the cost of the transcript shall be paid by the party appealing the decision.
(a)
Basic fee. Applicants for variances, special exceptions and all other appeals shall pay a fee as set by resolution by the Township Supervisors, except as challenges filed pursuant to Section 909.1(a)(1) of the Pennsylvania Municipalities Planning Code, as amended,[6] in which event the fee shall also be as set by resolution by the Township Supervisors.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
Additional fee. If actual costs exceed the fee charged, the applicant shall promptly pay the difference upon billing by the township. No permit/approval shall be given until payment of any outstanding fee is received by the township.
§ 240-101 Procedure.
A.
Rules. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, including, but not limited to, exceptions and variances.
B.
Appeals and requests to the Zoning Hearing Board.
(1)
Appeals to the Zoning Hearing Board may be filed by the landowner affected, any officer or agency of the township or any person aggrieved. Such appeal shall be taken within the time required by the Pennsylvania Municipalities Planning Code or as provided by the rules of the Zoning Hearing Board by filing with the Zoning Officer and with the Zoning Hearing Board a notice of appeal specifying the grounds thereof.
(2)
The Zoning Officer shall forthwith transmit to the Zoning Hearing Board all the papers constituting the record upon which the action appealed from was taken. Requests for a variance or special exception may be filed by any landowner or any tenant with permission of the landowner. The appropriate fee, established by the township, shall be paid in advance for each appeal or application for a special exception or variance to cover advertising costs, mailing notices and charges of the stenographer for taking the notes of testimony; provided that, if more than ten pages of testimony are taken in any case, the appellant or applicant shall reimburse the township for the cost of such additional testimony.
C.
Hearings and notices. Upon the filing with the Zoning Hearing Board of an appeal or an application for a special exception or variance from the terms of this chapter, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon and shall give public notice thereof, as well as due notice to the parties in interest, and shall decide the same in writing within 45 days after the hearing. Each written decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons thereupon in accordance with Section 908(9) of the Municipalities Planning Code.[1] If the Zoning Hearing Board does not make a written decision within 45 days after the hearing or continued hearing. it shall be deemed that the Zoning Hearing Board has decided in favor of the applicant. Any party may appear at a public hearing in person or by agent or attorney. The notice of public hearing shall state the location of the building or lot and the general nature of the question involved and shall be given as follows:
(1)
By publishing a notice thereof once a week for two successive weeks in a newspaper of general circulation in the township and not more than 30 days nor less than seven days prior to the hearing.
(2)
By mailing a notice thereof to the applicant, the Zoning Officer, Township Manager and any person who has made timely request for same.
(3)
By mailing a notice thereof to every resident or association of residents in the township who shall have registered their names and addresses for this purpose with the Zoning Hearing Board.
(4)
By mailing notice thereof to the owner, every lot on the same street within 500 feet of the lot in question and of every lot not on the same street within 150 feet of said lot; provided that failure to mail the notice required by this section shall not invalidate any action taken by the Zoning Hearing Board. All hearings shall be conducted in accordance with Section 908 of the Pennsylvania Municipalities Planning Code (53 P.S. 10908) as amended.
(5)
Notice of the hearing shall be conspicuously posted on the affected tract of land.
(6)
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place where the full decision or findings may be examined.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 240-102 Expiration of special exceptions and variances.
Unless otherwise specified by the Zoning Hearing Board, a special exception, variance or use approved pursuant to § 240-100A which has been authorized by the Zoning Hearing Board shall expire automatically, without further notice by the township to the applicant, if the applicant fails to obtain the zoning approval or use certificate issued by the Zoning Officer and/or the building permit issued by the Codes Enforcement Officer within six months from the date of authorization thereof.
