Trappe City Zoning Code
ARTICLE XIV
Zoning Hearing Board
§ 340-130 Appointment.
The Borough Council shall appoint a Zoning Hearing Board consisting of three members. The Borough Council shall designate one such member to serve until the first day of January following the effective date of this chapter, one until the first day of the second January thereafter; and one until the first day of the third January thereafter; shall appoint three successors on the expiration of their respective terms to serve for three years, and shall fill any vacancy for the unexpired term of any member whose term becomes vacant. The members of the Zoning Hearing Board shall be removable for cause by the Borough Council upon written charges and after a public hearing. The word "Board," when used in this article, shall mean the Zoning Hearing Board.
§ 340-131 Powers and duties.
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 to the terms of this chapter, in such cases as are herein expressly provided for, in harmony with the general purposes and intent of this chapter with power to impose appropriate conditions and safeguards. In granting special exceptions as authorized in this chapter, the Board shall consider, among other things:
(1)
The suitability of the property for the use desired.
(2)
The effect of the proposed use upon the safety and health of the immediate neighborhood and the general public therein.
(3)
The effect of the proposed use upon the character of the immediate neighborhood so as to conserve the value of existing buildings and encourage the most appropriate use of the land.
C.
To authorize, upon appeal, in special cases, such variance from the terms of this chapter as the Board shall feel will not be contrary to the public interest and 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.
§ 340-132 Standard for Zoning Hearing Board actions.
In any instance where the Board is required to consider an exception or variance in this chapter or the Zoning Map in accordance with the provisions of this chapter, the Board shall, among other things:
A.
Assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter, and consider the effect upon the public interest of granting or denying the application.
B.
Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the general 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 public welfare.
D.
Consider the unnecessary hardship which will or may be inflicted upon the applicant by denial of this application.
E.
Consider the presence or absence in the neighborhood of conditions or uses which are the same or similar in character to the conditions or use for which the applicant seeks approval.
F.
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, and assure adequate arrangements for sanitation in specific instances.
G.
Safeguard the development of highway frontage insofar as possible, 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.
H.
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 major highways from undue congestion and hazard.
I.
Ascertain the adequacy of sanitation and public safety provisions where applicable, and require a certificate of adequacy of sewerage and water facilities from the Bureau of Health and Sanitation of the Borough in any case required herein or deemed advisable.
J.
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, harmoniously designed buildings, planting and its maintenance as a sight or sound screen, and the minimizing of noxious, offensive or hazardous elements.
§ 340-133 Orders.
In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made.
§ 340-134 Rules of procedure.
The Board shall adopt rules of procedure in accordance with the several provisions of this chapter as to the manner of filing appeals, applications for special exceptions or for variance from the terms of this chapter, and as to the conduct of the business of the Board.
§ 340-135 Meetings.
Meetings of the Board shall be held at the call of the Chairman, and at such 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, 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 a public record.
§ 340-136 Advisory opinion.
In the exercise of the powers vested in it by this chapter, the Board may, in its discretion, refer to any other agency of the Borough and to any agency of the county or state, for an 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.
§ 340-137 Notice of hearing.
Upon the filing with the Board of an application for a special exception or for variance from the terms of this chapter, the Board shall fix a reasonable time and place for a public hearing thereon and shall give 10 days' notice thereof as follows:
A.
By publishing a notice thereof once in a newspaper of general circulation published or circulated in the Borough.
B.
By mailing or serving due notice thereof to the parties in interest.
C.
By mailing or serving notice thereof to the Borough.
D.
By mailing or serving notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers 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 the said lot or building; provided that failure to give notice as required by this subsection shall not invalidate any action taken by the Board.
E.
The notices herein required shall state the location of the building or lot and the general nature of the question involved.
§ 340-138 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 permit in connection therewith within six months of the date of authorization thereof.
§ 340-139 Appeal to court.
Any person aggrieved by any decision of the Board, or any taxpayer, or any officer of the Borough, may within 30 days after any decision of the board, appeal to the Court of Common Pleas of Montgomery County by petition in such form as may be prescribed or authorized by law.
§ 340-140 Fees.
Application before the Board shall be accompanied by a cash payment to the Borough in accordance with a fee schedule adopted by resolution of the Board and approved by the Borough Council following the enactment of this chapter, or as such schedule may be amended by resolution of the Board and approved by the Borough Council.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the Borough offices.