Springfield Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XVI
Zoning Hearing Board
§ 114-160 Appointment; composition.
[Amended 7-8-1992 by Ord. No. 789]
A.
The Zoning Hearing Board shall consist of three members, plus one alternate member, all of whom shall be appointed by the Township Board of Commissioners as provided by law. The terms of office of each member of the Board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The term of office of the alternate member shall also be three years. Neither the members of the Board nor the alternate member shall hold any other office in the Township.
B.
If, by reason of absence or disqualification of any regular member of the Board, a quorum is not reached, the Chairman of the Board shall designate the alternate to sit on the Board to provide a quorum. The 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.
C.
When seated pursuant to the provisions of Subsection B above, the alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for regular Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this Code and as otherwise provided by law. When not seated pursuant to the provisions of Subsection B above, an alternate shall not be entitled to vote as a member of the Board but shall be entitled to participate in any proceeding or discussion of the Board on any matter.
§ 114-161 Powers.
The Zoning Hearing Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is 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 to the terms of this chapter in such cases as are herein expressly provided for, in harmony with the general purpose and intent of this chapter, with power to impose appropriate conditions and safeguards.
C.
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be obsessed and substantial justice done.
D.
To exercise any and all such other authority as conferred upon a Zoning Hearing Board under the Pennsylvania Municipalities Planning Code, 53 P.S. § 10909.1.
[Added 10-11-2006 by Ord. No. 880]
§ 114-162 Reference of matters to other agencies.
In the exercise of the powers vested in it by this chapter, the Zoning Hearing Board may, in its discretion, refer to any other agency of the Township, for advisory opinion, any matter properly before it with respect to which it believes that such advisory opinion would be helpful to it in reaching its own determination.
§ 114-163 Rules of procedure.
[Amended 7-13-1988 by Ord. No. 757]
The Zoning Hearing Board shall make rules as to the matter of filing appeals or applications for special exceptions or for variances from the terms of this chapter. An appeal or an application to the Zoning Hearing Board for a special exception or a variance, if denied, shall not be renewed within a period of one year, unless there has been a material change in conditions and such material change is clearly set forth in the renewal appeal or application.
A.
The Zoning Hearing Board shall promulgate such rules as it deems necessary and appropriate to govern hearings on applications or appeals before the Board. In no event shall the Board adopt any procedure or rule in conflict with the requirements of the Pennsylvania Municipalities Planning Code, and particularly 53 P.S. § 10908, governing proceedings before the Zoning Hearing Board. In the event of a conflict between the rules of the Board and the Municipalities Planning Code provision cited herein, the Municipalities Planning Code shall control the proceedings before the Board.
[Added 10-11-2006 by Ord. No. 880]
B.
In promulgating rules under this section, the Zone Hearing Board shall ensure that the rules of procedure before the Board require the commencement of a hearing on any application or appeal within 60 days of the filing of the application, and shall comply with the terms, conditions and provisions of the Municipalities Planning Code relating to the timing of hearings after the first hearing and the time for the Board to render a decision with regard to the merits of the appeal after the record before the Board has closed.
[Added 10-11-2006 by Ord. No. 880]
§ 114-164 Appeals; notices of hearing.
A.
Upon the filing with the Zoning Hearing Board of an appeal or of an application for a special exception or for variance from the terms of this chapter, the Zoning Hearing Board shall fix a time and place for a public hearing thereon and shall give notice thereof as follows:
(1)
By posting a notice thereof in a conspicuous place on the premises in question, and at least five other notices thereof in other conspicuous places in the neighborhood, each such notice to be posted at least five days prior to the date fixed for the hearing.
(2)
By mailing, at least five days prior to the date fixed for the hearing, notices thereof to the applicant, the Township Secretary and the Township Commissioner representing the election district or ward in which the lot or building is located.
(3)
By mailing, at least five days prior to the date fixed for the hearing, a notice thereof to every association of residents of the Township, who shall have registered their names and addresses for this purpose with the Township Secretary in accordance with such rules and regulations as the Board of Commissioners may prescribe for such registration.
(4)
When the Zoning Hearing Board shall so order, by mailing a notice thereof to the owner of the property in question if his residence is known, or to the owner or occupier of properties adjoining the property in question, or to the owner or occupier 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 150 feet of said lot or building.
[Amended 10-11-2006 by Ord. No. 880]
(5)
Further notice shall be given pursuant to the requirements of the Pennsylvania Municipalities Planning Code relating to public hearings, as set forth in 53 P.S. § 10107, and at a minimum, by giving notice of the appeal by publication of the date, time and place of the hearing in a newspaper of general circulation in and for the Township of Springfield at least once a week for two successive weeks, with each such notice appearing not more than 30 days nor less than seven days from the date of the hearing. In addition, the Zoning Officer shall post the perimeter of the affected parcel in conspicuous fashion, to alert the public as to the date, time and place of the hearing regarding the application.
[Added 10-11-2006 by Ord. No. 880]
B.
It shall be the duty of the Zoning Hearing Board to give empress consideration, with respect to each public hearing to be held by it, to the manner and means of giving notice thereof; and in discharging its duty in this respect, the Board shall consider the appropriateness of the various methods for giving notice hereinabove referred to, in light of the particular circumstances of the case.
C.
The notices required by this section shall set forth with specificity the tax identification number of the parcel in question, the owner and street address of the parcel at issue, the nature of the application, the relief requested, the date, time and place of the hearing to be held by the Zoning Hearing Board regarding the application, and any and all such information as deemed necessary to be transmitted to the public by the Zoning Officer. In addition, if the application before the Board is a challenge to the validity of the Zoning Ordinance, the Zoning Officer shall ensure the requirements of 53 P.S. §§ 10908 and 10916(e) are followed in providing notice of the date, time and place of the hearing before the Zoning Hearing Board.
[Amended 10-11-2006 by Ord. No. 880]
§ 114-165 Special exceptions and variances.
[Amended 4-8-1981 by Ord. No. 702]
A.
In any instance where the Zoning Hearing Board is required to consider a request for variance or special exception, the Zoning Hearing Board must determine that the following standards and criteria are met before granting the request:
(1)
The size, scope, extent and character of the special exception or variance requested is consistent with the Comprehensive Plan of the Township and promotes the harmonious and orderly development of the zoning district involved.
(2)
The proposed change or modification is 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 of 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 or use for which the applicant seeks approval.
(3)
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 hazards.
(4)
Major street and highway frontage will be developed so as to limit the total number of access points and encourage the access to buildings on roads other than major streets or highways.
(5)
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 assures adequate arrangements for sanitation in specific instances.
(6)
Conditions are being imposed on the grant of the request necessary to ensure that the general purpose and intent of this Zoning Ordinance 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, plantings and their 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.
(7)
The proposed change is not detrimental to the safety, health, morals and general welfare of the Township.
B.
In addition, to approve a proposed variance, the Board must also find, where relevant, in a given case:
(1)
That there are unique circumstances or conditions, including, without limitation, irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other 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 the Zoning Ordinance in the neighborhood or district in which the property is located.
(2)
That because of such circumstances or conditions, there is little or no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
C.
No use of a lot or building shall be permitted except:
(1)
A use which is expressly authorized by the provisions of this chapter applicable to the district in which said lot or building is located, or by the provisions of § 114-138 of this chapter.
(2)
A use which is expressly stated in this chapter to be one that the Zoning Hearing Board may allow as a special exception in the district in which the lot or building is located.
D.
Unless otherwise specified by the Zoning Hearing Board, approval of a special exception or variance shall expire if the applicant fails to engage in such use or obtain a building permit (if necessary) thereunder within 12 months from the date of authorization thereof, except that such twelve-month period shall be tolled during the following:
[Amended 5-10-1995 by Ord. No. 806; 6-9-2021 by Ord. No. 970]
(1)
The diligent pursuit of any necessary land development and/or subdivision approval;
(2)
Appeal of the relief granted by the Zoning Hearing Board, or the conditions thereof; or
(3)
Any period for which the Commonwealth of Pennsylvania has declared a state of emergency lasting for a period of not less than 30 days.
§ 114-166 Fees for application for filing applications or petition.
[Amended 11-11-1970 by Ord. No. 600; 1-9-1980 by Ord. No. 692; 7-11-1984 by Ord. No. 725; 3-14-1990 by Ord. No. 776; 4-11-2001 by Ord. No. 846]
A.
Upon the filing of an application with the Zoning Hearing Board for a special exception, variance, or any other appeal which the Board is empowered to hear under the provisions of this chapter, there shall be paid to the Township a sum of $500 for residential applications and $1,200 for nonresidential applications. A continuance fee equal to 50% of the original application fee shall also be charged for each continuance requested by the applicant. If the Township’s expenses exceed the filing and/or continuance fees, the applicant shall be billed and liable for any additional expenses incurred by the Township.
[Amended 5-11-2011 by Ord. No. 910]
B.
Fees, filing petition to change zoning district. Upon the filing of a petition with the Board of Commissioners for the purpose of changing the Zoning District, there shall be paid to the Township a sum of $2,000. Said fee covers the application fee of $800, nonrefundable, and any additional expenses incurred. If expenses exceed the filing fee, the applicant shall be billed and liable for any additional expenses. If expenses are less than the filing fee, the applicant shall receive a refund less the application fee.