Skippack Township City Zoning Code
ARTICLE XIV
Zoning Hearing Board
§ 200-164 Administration and procedure.
A.
The Zoning Hearing Board. The Zoning Hearing Board presently in existence shall continue and be constituted as the Zoning Hearing Board under this chapter.
B.
Membership and organization. The membership and organization of the Zoning Hearing Board shall be as provided in the PA MPC.
C.
Rules and regulations. The Zoning Hearing Board may make, alter and rescind rules, regulations, and forms for its procedures such as are consistent with the ordinances of the Township and laws of the commonwealth. Copies of rules, regulations and forms adopted by the Zoning Hearing Board shall be prepared and shall be made available for inspection by any interested person in the Township offices.
§ 200-165 Board functions.
A.
Appeals from the Zoning Officer. The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has made a determination which has failed to follow the provisions of this chapter or which has misinterpreted or misapplied any provision of this chapter or the Zoning District Map or any valid rules or regulations governing the action of the Zoning Officer. These appeals must be filed within 30 days of the date the decision is rendered by the Zoning Officer, and all appeals shall be on forms prescribed by the Zoning Hearing Board, accompanied by the specific provisions of this chapter or any other ordinance and the PA MPC which are involved and relied upon.
B.
Challenge to the validity of the ordinance or map. In the case of a challenge to the validity of this chapter or the Zoning District Map, the proceedings of the Zoning Hearing Board shall be in accordance with the PA MPC, and any other relevant statutes.
C.
Variances. The Zoning Hearing Board shall hear requests for variances in accordance with the PA MPC, and any other relevant statutes.
D.
Special exceptions. Where this chapter has provided for stated special exceptions to be granted or denied by the Zoning Hearing Board, the Zoning Hearing Board shall hear and decide such request in accordance with the provisions of the PA MPC, and any other relevant statutes, with the exception that the burden of proof shall be on the appellant.
§ 200-166 Procedures before Board.
A.
Notice of hearing. Notice of all hearings shall be given in accordance with the provisions of the PA MPC.
B.
Parties. The parties to the hearings shall comply with the provisions of the PA MPC.
C.
Initiating action before the Zoning Hearing Board.
(1)
All actions before the Zoning Hearing Board shall be initiated by a written application for hearing, which shall be filed with the Zoning Officer.
(2)
All applications shall be made on forms specified by the Zoning Hearing Board, and no application form shall be accepted unless the same shall be fully completed unless all exhibits and supplemental material required by the application are attached, and until all fees established by the Township have been paid. Each application or appeal shall refer to the specific provisions of this chapter or any other ordinance and the PA MPC which are involved and relied upon as authority for the relief sought.
D.
Time limitations for variances and special exceptions.
(1)
Purpose. In passing on applications for special exceptions and variances, the Zoning Hearing Board is required to apply standards of review. The application of these standards to conditions existing at the time of the hearing may result in a conclusion that would not be appropriate if the passage of time resulted in new or differing conditions in the neighborhood of the particular property. Therefore, if a special exception or variance has not been acted upon within six months after its grant, such action shall lapse or become void after a reasonable period, and if the property owner desires to use such special exception or variance, he should reapply for such relief, and the current conditions should be used as criteria.
(2)
Time limit. All special exceptions and/or variances granted by the Zoning Hearing Board shall be valid for a period of six months only after the date of such order; any special exceptions or variances which have not been acted upon by the issuance of building permits, and the commencement of substantial construction or of substantial use, shall lapse and become void and of no effect. Matters that require subdivision or land development approval shall carry a life of one year.
(3)
Procedures when special exception or variance has lapsed. The owner or holder of such special exception and/or variance that has lapsed must reapply to the Township and the Zoning Hearing Board in the same manner as new applicants for such relief.
§ 200-167 Standards for review of special exception.
A.
In any instance where the Zoning Hearing Board is required to consider a special exception to this chapter or the Zoning District Map in accordance with the provisions of this chapter, the appellant shall bear the burden of proof to establish that:
(1)
The proposed development or change is consistent with the spirit, purpose and intent of this chapter.
(2)
The proposed change will not substantially injure, be detrimental to, or detract from the use of the neighborhood property 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.
(3)
The proposed change will serve the best interests of the Township, the convenience of the community and the public welfare and will not be contrary to the public interest.
(4)
The effect of the proposed change upon the logical and efficient extension of public services, and facilities such as public water, sewers, police and fire protection and public schools is in no way detrimental to the health, safety and welfare of the public.
(5)
The development of state and county highway frontage is considered 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 highway.
(6)
The proposed location of an industrial or commercial use with respect to probable effects upon highway and pedestrian traffic will not create congestion and hazardous conditions.
(7)
The adequacy of sanitation and public safety provisions are appropriate.
(8)
All commercial or industrial parking, loading, access or service areas are adequately illuminated at night while in use, and that such lighting, including sign lighting, shall be arranged so as to protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
B.
The Zoning Hearing Board shall:
(1)
Impose such conditions, in addition to those required, as are necessary to assure that the general purpose and 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, and the minimizing of noxious, offensive or hazardous elements.
(2)
Assure that the special exception, if granted, will be in accordance with the Township Comprehensive Plan and the provisions of the PA MPC.
§ 200-168 Standards for review of variance.
The Zoning Hearing Board shall hear a request for a variance where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may grant a variance, provided that the appellant shall establish by credible evidence:
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 necessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this 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 chapter and that the authorization of the variance is therefore necessary to enable the reasonable use of the property.
C.
The applicant has not created that such unnecessary hardship.
D.
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, or substantially or permanently impair the appropriate use or development of adjacent property, and will not 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 regulation at issue.
F.
That the variance, if authorized, would not be contrary to the Township Comprehensive Plan.
G.
That the variance, if authorized, would not cause undue congestion of pedestrian or vehicular traffic.
H.
That the variance, if authorized, would not endanger the safety of persons or property by improper location or design of facilities for ingress or egress.
I.
That the variance, if authorized, would not increase the danger of fire or otherwise endanger the public safety.
J.
That the variance, if authorized, would not overcrowd the land or create an undue concentration of population, impair an adequate supply of light and air to the adjacent property, adversely affect transportation or unduly burden water, sewer, school, park or community.
§ 200-169 Meetings; minutes.
A.
Meetings of the Zoning Hearing Board shall be held as scheduled by the Chairperson of the Zoning Hearing Board and at such other times as the Zoning Hearing Board may determine. The Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Hearing Board shall be open to the public.
B.
The Zoning Hearing 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 promptly filed in the Township administrative office and shall be a public record.
§ 200-170 Technical assistance.
In considering any matter within its jurisdiction, the Zoning Hearing Board may consult with the Planning Commission, the County Planning Commission or any other specialist or group of specialists having expert knowledge of the matter under consideration, but need not be bound thereby. Where the Zoning Hearing Board is considering an application for a special exception, the Secretary of the Zoning Hearing Board shall, at least 10 days before the date of the hearing, transmit to the Planning Commission a copy of the notice of hearing and other information as may have been furnished by the applicant.