The Board shall have the following powers:

   A.   Appeals and interpretations. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by any administrative official in the enforcement of said Act or of this chapter adopted pursuant thereto. To interpret upon the words, terms, rules, regulations, provisions and restrictions of this chapter where there is doubt as to the meaning thereof, including determination in specific instances whether questionable uses are permitted by virtue of being similar to or customarily incidental to permitted uses as provided by this chapter.

   B.   Special exceptions . 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.   Variances. 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, 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 observed and justice done. The special circumstances requiring a variance shall be fully set forth in the minutes of the Board, which shall show the vote of each member upon each question.

   A.   In any instance where the Zoning Hearing Board is required to consider a variance, special exception or any other challenge brought before it in accordance with this chapter or the Pennsylvania Municipalities Planning Code, 40 the Board shall, among other things: [Amended 1-10-1995 by Ord. No. 879]

      (1)   Consider the suitability of the property for the use desired; assure itself that the proposed change is consistent with the spirit, purpose and intent of this chapter.

      (2)   Determine that the proposed change will not substantially injure or detract from the use of neighboring 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)   Determine that the proposed change will serve the best interests of the Township, the convenience of the community (where applicable) and the public welfare.

      (4)   Consider the effect of the proposed change upon the logical, efficient and economical extension of the public service and facilities such as public water, sewers, police and fire protection and public schools .

      (5)   Consider the suitability of the proposed location of an industrial or commercial use with respect to the probable effects upon highway traffic and assure adequate access arrangements in order to protect major streets from undue congestion and hazard.

      (6)   Be guided in its study, review and recommendation by sound standards of subdivision practice, where applicable.

      (7)   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 should deprive the applicant of the reasonable use of such land or building .

      (8)   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.

   B.   Conditions should be increased greatly in detail, especially when reviewing special exceptions . The Board should state the methods of plan preparation, review and approval (Planning Commission and Commissioners) and what zoning ordinances and/or subdivision regulations apply and 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 sign or sound screen, the minimizing of noxious, offensive or hazardous elements and adequate standards of parking and sanitation.

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 additional 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.

The Board shall adopt rules of procedure in accordance with the several provisions of this chapter as to manner of filing appeals or applications for special exceptions or for variance from the terms of this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth the interpretation that is claimed, the use for which the special exception is sought, the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

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 and 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. 41

The Zoning Hearing Board, in considering any matter within its jurisdiction, may consult with the Upper Dublin Township Planning Commission, the Montgomery County Planning Commission or any other specialist or groups of specialists having expert knowledge of the matter under consideration.

   A.   Upon the filing with the Board of an application for a special exception or for variance or an interpretation from the terms of this chapter, the Board shall fix a reasonable time and place for a public hearing thereon and shall give notice as follows:

      (1)   By publishing once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. 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. [Amended 1-10-1995 by Ord. No. 879]

      (2)   At the discretion of the Board, by mailing a notice to all property owners within 500 feet, if only a particular area is involved. If the owners of the property or their respective addresses are known to the Board, it may direct the posting of the notice upon the dwelling , if one exists; otherwise, at a conspicuous place upon the property.

   B.   The notice shall state the general nature of the proposed amendment and that full opportunity to be heard will be given to any citizen and all parties in interest attending such hearing. The notices herein required shall state the location of the building or lot and the general nature of the question involved.

   C.   Hearings shall be held in accordance with 53 P.S. § 10908. [Added 1-10-1995 by Ord. No. 879]

A special exception or variance shall expire 12 months after being granted, unless the applicant obtains one of the following, if applicable:

   A.   A use and occupancy permit from the Township Code Enforcement Department relative to the special exception or variance.

   B.   A buildingpermit from the Township Code Enforcement Department relative to the special exception or variance.

   C.   An extension of the grant of the special exception or variance from the Zoning Hearing Board.

   D.   Final plan approval relative to the special exception or variance, in which case, the special exception or variance shall expire at such time as the final plan approval expires.

Any persons 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.

Application before the Zoning Hearing Board as is provided in Article XXIII shall be accompanied by a cash payment to the Township in accordance with a fee schedule adopted by resolution of the Board of Commissioners following the enactment of this chapter or as such schedule may be amended by resolution of the Board of Commissioners. 42

   A.   A plot or lot plan or survey drawn to scale and prepared by a registered engineer or land surveyor is required for every appeal to the Zoning Hearing Board seeking a variance, a special exception or an interpretation where a building or addition is built or proposed up to or beyond a required yard , or where there is no readily available method to determine where the property boundary is, or where the Director of Code Enforcement otherwise deems it necessary to determine if the proposed application is in compliance with the Code.

   B.   Said plan shall show, among others, existing structures on the lot and within 25 feet beyond the boundaries of said lot ; any proposed structure ; distances between existing and proposed structures and the several boundary lines of the lot on which the structure exists or is proposed; existing or proposed easements or rights-of-way, streets or highways, both public and private; the existing zoning district or districts; and the proposed use or uses .

   C.   The Director of Code Enforcement may waive this requirement or modify same upon request by the applicant.

   A.   Specific code requirements.

      (1)   The applicant has the burden of persuasion and the duty to go forward with evidence with respect to the specific requirements of the Township Code, including:

         (a)   The requirement that the use be one permitted by special exception .

         (b)   Specific requirements applicable to the special exception .

         (c)   General requirements of the Township Code, including but not limited to lot areas and parking requirements.

         (d)   Specific public interest criteria listed in the Township Code.

      (2)   If the applicant meets this burden, a presumption will arise that the proposed use is consistent with the health, safety and general welfare of the community

   B.   General effect of the proposed use . Protestants, if they choose to participate, have the burden to present evidence and to persuade the Board that the proposed use has a generally detrimental effect on the health, safety and welfare of the neighborhood or that it will conflict with the general policies outlined in the Township Code. Protestants must raise specific issues and establish a high degree of probability that the proposed use will have a substantially detrimental effect on the health, safety and welfare of the neighborhood . If protestants meet this burden, then the applicant must go forward and meet its burden of persuasion with regard to criteria relating to the general detrimental effect of the proposed use raised by the protestants.

   C.   General policy concerns. With regard to general policy concerns outlined in the Township Code, including but not limited to whether the application is in harmony with the spirit, intent and purpose of this chapter, the burden of persuasion and duty to go forward fall on the protestants, if any.