Salisbury Township City Zoning Code
ARTICLE VI
Zoning Hearing Board
§ 340-134 Establishment and membership.
There is hereby created a Zoning Hearing Board, which shall consist of three residents of the Township who shall be appointed by resolution of the Board of Supervisors. Zoning Hearing Board members shall be residents of the Township and shall serve for three-year terms which shall be so fixed that the term of office of no more than one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which shall occur, and appointments to fill such vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Township. Any member of the Zoning Hearing 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 of the Board of Supervisors to take such a vote. A hearing shall be held in connection with the vote if the member shall request such hearing in writing. The Board of Supervisors may, in its discretion, appoint by resolution between one and three alternate members to the Zoning Hearing Board. Such alternate members shall have the right to participate in all hearings of the Zoning Hearing Board but shall be entitled to vote only as provided in Article IX of the MPC. Whenever the term "Board" is used in this article, it shall mean the Zoning Hearing Board.
§ 340-135 Organization of Board.
The Board shall elect from its 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 two members. If the Board of Supervisors has appointed alternate members to the Zoning Hearing Board, the Chairperson of the Zoning Hearing Board may designate alternate members to participate and vote upon designated applications in accordance with the regulations contained in Article IX of the MPC. The Board my also 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 provided in the MPC. The Board my make, alter, and rescind rules and forms for its procedure, consistent with the ordinances of the Township and the laws of the commonwealth. The Zoning Hearing 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 as requested by the Board of Supervisors.
§ 340-136 Expenditures for services.
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 § 340-135, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Board of Supervisors.
§ 340-137 Hearings.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
B.
A variance or special exception shall expire if the applicant i) fails to obtain a zoning permit to authorize construction within 12 months from the date of authorization thereof by the Board or by the court if such special exception or variance has been granted after an appeal or ii) fails to complete any erection, construction, reconstruction, alteration or change in use authorized by special exception or variance approval within 12 months from the date of issuance of the zoning permit, unless the Board or the court establishes a different time period within which to obtain a permit or complete construction in the decision or order approving the requested special exception or variance. If the Board grants a special exception or a variance and the Board's decision is appealed by protesting parties, the running of the time periods shall be suspended during the pendency of the appeal or appeals by protesting parties; provided, however, if the applicant obtains a permit and commences construction authorized by the Board during the pendency of an appeal, the twelve-month period within which to complete construction shall commence on the date the landowner obtains the zoning permit.
§ 340-138 Board functions.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
A.
Jurisdiction. The Zoning Hearing Board shall have jurisdiction of all matters set forth in Section 909.1(a) of the MPC, 53 P.S. § 10909.1(a).
B.
Powers and duties. The Zoning Hearing Board shall exercise all powers and perform all of its duties in accordance with MPC Article IX and with this chapter.
C.
Application for special exceptions. Pursuant to the expressed following requirements:
(1)
Filing requirements. In addition to the required building permit information (see § 340-144) each special exception application shall include the following:
(a)
Ground floor plans and elevations of proposed structures.
(b)
Names and address of adjoining property owners including properties directly across a public right-of-way.
(c)
A scaled or dimensioned drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(d)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
(2)
General criteria. Each applicant must demonstrate compliance with the following:
(a)
The proposed use shall be consistent with the purpose and intent of this chapter.
(b)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
(c)
The proposed use will not substantially change the character of the subject property's neighborhood.
(d)
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.).
(e)
For development within the Floodplain Zone, that the application complies with those requirements listed in § 340-22 of this chapter.
(f)
The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(g)
The proposed use will not substantially impair the integrity of the Township's Comprehensive Plan.
(3)
Conditions. The Zoning Hearing Board in approving special exception applications may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article VII.
(4)
Site plan approval. Any site plan presented in support of the special exception pursuant to § 340-138C(1) shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a building permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another special exception approval.
D.
Variances.
(1)
Filing requirements. In addition to the required building permit information (see § 340-144) each variance application shall include the following:
(a)
Ground floor plans and elevations of proposed structures.
(b)
Names and address of adjoining property owners including properties directly across a public right-of-way.
(c)
A scaled or dimensioned drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(d)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
(2)
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may, by rule, prescribe the form of application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(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 chapter in the neighborhood or zone 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 chapter and that the authorization of a variance is therefore necessary to enable reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance, if authorized, will not alter the essential character of the zone 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)
That 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)
That variances within the Floodplain Zone shall require compliance with those regulations contained in § 340-22 of this chapter.
(g)
In granting any variance, the 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 violations of this chapter and subject to the penalties described in Article VII.
§ 340-139 Parties appellant before Board.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Appeals may be filed to the Zoning Hearing Board by persons authorized by the MPC. 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.
§ 340-140 Time limitations.
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by the Zoning Officer or the agency responsible for granting such approval if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice or knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
The failure of anyone other than the landowner to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or the Official Zoning Map pursuant to Section 916.2 of the Act, 53 P.S. § 10916.2, as amended, shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative preliminary approval.
§ 340-141 Stay of proceeding.
A.
Upon filing of any proceeding referred to in § 340-139 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case, the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.
B.
If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorneys' fees incurred by the petitioner.
§ 340-142 Appeal.
Any person, taxpayer or the Township aggrieved by any decision of the Board may within 30 days after such decision of the Board 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 Act, as amended.