Royersford City Zoning Code
ARTICLE XXI
Zoning Hearing Board
§ 475-145 Appointments.
[Amended 9-26-1989 by Ord. No. 704]
A.
The Borough Council shall appoint, by resolution, a Zoning Hearing Board consisting of three members. In addition to the three member appointments, the Borough Council shall appoint two alternate members by resolution.
B.
The Council shall appoint one member to serve until the first day of January following the effective date of this chapter, one member and one alternate to serve until the first day of the second January thereafter, and one member and one alternate to serve until the first day of the third January thereafter; once the initial terms expire, members and alternates may succeed themselves. When a vacancy occurs, the Zoning Hearing Board shall notify the Council, who shall appoint a resident of the Borough to serve for the unexpired portion of the term. The members and alternates of the Zoning Hearing Board shall be removable for cause by the Borough Council upon written charges and after a public hearing. Members of the Board and alternates shall not hold any other office in the Borough, including membership on the Planning Commission. The word "Board," when used in this article, shall mean the Zoning Hearing Board.
§ 475-146 Powers and duties.
[Amended 9-26-1989 by Ord. No. 704]
The Board shall have the following powers:
A.
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.
B.
To hear and decide special exceptions from the terms of this chapter, in such cases are herein expressly provided for, in harmony with the general purpose and intent of this chapter and with power to impose appropriate conditions and safeguards. In granting special exceptions as authorized in this chapter, the Board shall consider the standards included in § 475-152 herein.
C.
To authorize, upon appeal, in special cases, such variances from the terms of this chapter the Board shall feel will not be contrary to the public interest or the spirit of this chapter where, owing to special conditions a literal enforcement of the provisions of this chapter, will result in unnecessary hardship or injustice.
D.
To hear and decide substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council as curative amendments.[1]
[1]
Editor's Note: Original Chapter 27, Section 2002, Subsection 5, of the 1990 Code of Ordinances, regarding hearing and deciding challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the progress of enactment or adoption, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 475-147 Appeals to Board.
In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or in part, may modify the order, requirements, decision or determination appealed from, and may make such 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. Notice of the Board's decision shall forthwith be mailed to the applicant, the property owner and other interested parties.
§ 475-148 Rules of procedure.
The Board shall adopt rules of procedure in accordance with provisions of this chapter and the requirements of Act 247, the Pennsylvania Municipalities Planning Code, Article IX,[1] as to the manner of filing appeals, applications for special exceptions or for variances from the terms of this chapter, and as to the conduct of the business of the Board.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 475-149 Meetings.
[Amended 9-26-1989 by Ord. No. 704]
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 absent or failing to vote, indicating such fact, and shall 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 public record. When by reason of absence or disqualification, one or more members is unavailable for a hearing, the Chairman, or in his absence, the acting Chairman, shall designate one or both alternate members of the Board to sit on the Board as may be needed. 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 in rotation according to declining seniority among all alternatives.
§ 475-150 Notice of hearings.
[Amended 9-26-1989 by Ord. No. 704; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon the filing with the Board of an application for a special exception, variance, appeal from any decision or action made by an administrative official enforcing this chapter, or substantive or procedural challenges to the validity of this chapter, the Board shall fix a reasonable time and place for a public hearing thereon within 60 days of the date of application, unless the applicant has agreed in writing to an extension of time, and shall give notice thereof as follows:
A.
By publishing a notice thereof once a week for two successive weeks before the date fixed for the hearing in a newspaper of general circulation in the Borough; the first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
B.
By mailing or serving notice thereof to the parties in interest.
C.
By mailing or serving notice thereof to the Borough Council and the Borough Planning Commission.
D.
By mailing or serving notice thereof to the Montgomery County Planning Commission.
E.
By mailing a notice thereof to every resident or association of residents of the Borough or other interested party who shall have formally registered their names and addresses for this purpose with the Board subsequent to the adoption of this chapter.
F.
By mailing or serving notice thereof to the owner or owners, if their residence is known, or to the occupant or occupants of every lot on the same street within 500 feet of the lot or building in question and of every lot not on the same street within 200 feet of the said lot or building; provided that failure to give notice as required by this subsection shall not invalidate any action by the Board.
G.
The notices herein required shall state the location of the building or lot and the general nature of the question involved.
H.
By conspicuously posting written notice of the hearing on the affected tract of land at least one week prior to the hearing.
I.
The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
§ 475-151 Decision of Zoning Hearing Board.
The Zoning Hearing Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days of the date of public hearing or any continuance thereof. Each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor.
A.
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/her not later than the day following its date.
B.
To all other persons who have filed their name and address with the Board not later than the last day before the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 475-152 Standards for Zoning Hearing Board Review.
In any instance where the Zoning Hearing Board is required to consider a variance or special exception from the terms of this chapter in accordance with the provisions of this Article XXI, the Board shall, among other things:
A.
Consider the suitability of the property for the use desired, assuring itself that the proposed change is consistent with the spirit, purpose and intent of this chapter and the adopted Royersford Borough Comprehensive Plan.
B.
Determine that the proposed change will not substantially injure or detract from the use of neighboring properties 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 general 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 assure adequate access arrangements in order to protect local roads from undue congestion and hazard.
F.
Be guided in its study, review, and recommendation by sound standards of subdivision and land development practice, where applicable.
G.
Impose such conditions, in addition to those required, as are necessary to assure 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; and adequate standards of off-street parking and loading and sanitation.
H.
With respect to a variance, determine that there are special circumstances or conditions, fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are such that the application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
I.
Determine that the unique circumstances for which the variance is sought were neither created by the owner of the property, nor were due to or the result of general conditions in the district in which the property is located.
§ 475-153 Advisory review by Planning Commission.
At least 30 days before the date of hearing required by law for an application for special exception or variance before the Zoning Hearing Board, the Secretary of such Board shall transmit to the Planning Commission a copy of the notice of hearing and other information as may have been furnished by the applicant or the Zoning Officer. Following the public hearing, the Zoning Hearing Board may transmit to the Planning Commission a transcript of the public hearing and any other briefs presented in evidence.
§ 475-154 Technical assistance.
The Zoning Hearing Board in considering any matter within its jurisdiction may consult with the Royersford Borough Planning Commission, the Montgomery County Planning Commission, and any other consultants or groups having expert knowledge of the matter under consideration.
§ 475-155 Expiration of special exceptions and variances.
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within six months of the date of authorization thereof.
§ 475-156 Appeal to court.
Any person aggrieved by the decision of the Board may within 30 days thereafter appeal to the Court of Common Pleas of Montgomery County by petition duly verified setting forth the grounds upon which said appeal is taken.
§ 475-157 Fees.
Application before the Zoning Hearing Board, as provided for in Article XXI herein, shall be accompanied by payment to the Borough in accordance with a fee schedule adopted by resolution of the Zoning Hearing Board and approved by the Borough Council following the enactment of this chapter, or as such schedule may be amended by resolution of the Zoning Hearing Board and approved by the Borough Council.