Upper Gwynedd Township
City Zoning Code
City Zoning Code
ARTICLE X
Zoning Hearing Board
§ 195-52 Appointment; word usage.
A.
The Zoning Hearing Board shall consist of three regular members and one alternate member appointed by the Board of Commissioners. The regular members of the present Zoning Hearing Board shall continue to serve until the expiration of their appointed terms, and the Board of Commissioners shall appoint successors on the expiration of their respective terms to serve three years and shall fill any vacancy for the unexpired term of any member whose office becomes vacant. The first alternate member shall be appointed by the Board of Commissioners at its next reorganization meeting following the enactment of this ordinance,[1] and the term of said alternate member shall be for three years thereafter. The Board shall thereafter appoint successors on the expiration of the term of the alternate member and shall fill any vacancy for the unexpired term of the alternate member whose office becomes vacant. The members of the Zoning Hearing Board shall be removable for cause by the Board of Commissioners upon written charges and after a public hearing.
[Amended 12-17-2001 by Ord. No. 2001-15]
[1]
Editor's Note: The term " this ordinance" refers to Ord. No. 2001-15.
B.
The word "Board," when used in this article, shall mean the Zoning Hearing Board.
§ 195-53 Powers and duties.
The Board shall have the following powers:
A.
Appeals and interpretations: 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. 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 purposes and intent of this chapter, with power to impose appropriate conditions and safeguards.
C.
Variance: to authorize, upon appeal, in special cases, such variance from the terms of this chapter that the Board shall feel will not be contrary to the public interest and 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 votes of each member upon each question.
§ 195-54 Burden of proof in special exception matters.
An applicant for a special exception shall have the burden of establishing to the satisfaction of the Zoning Hearing Board:
§ 195-55 Criteria for exceptions or variances.
In any instance where the Board is required to consider an exception to or variance of the Zoning Ordinance in accordance with the provisions of the chapter, the Board shall, among other things:
A.
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.
B.
Determine that the proposed change shall 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.
C.
Determine that the proposed change will serve the best interests of the Township, the convenience of the community, where applicable, and the public welfare.
D.
Consider the effect of the proposed change upon the logical, efficient and economical extension of public service and facilities, such as public water, sewers, police and fire protection and public schools.
E.
Consider the suitability of the proposed use with respect to whether the use would materially increase traffic congestion on the streets and assure adequate access arrangements in order to protect streets from undue congestion and hazard.
[Amended 2-27-1989 by Ord. No. 89-1]
F.
Be guided in its study, review and recommendation by the Township's standards of subdivision, where applicable.
G.
Impose such conditions, in addition to those required, as are necessary to assure that the intent of the Zoning Ordinance 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, the minimizing of noxious, offensive or hazardous elements and adequate standards of parking and sanitation.
H.
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 would deprive the applicant of the reasonable use of such land or building.
I.
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.[1]
[1]
Editor’s Note: Former Subsection J, regarding family uses as special exceptions, as amended, which immediately followed this subsection, was repealed ; 9-25-2017 by Ord. No. 2017-08.
§ 195-56 Power to modify orders of administrator.
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.
§ 195-57 Appeal and application rules and procedures.
The Board shall adopt rules and procedures in accordance with the several provisions of this chapter as to the 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.
§ 195-58 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, 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.
§ 195-59 Notice of hearings.
Upon the filing with the Zoning Hearing Board of an appeal or an application for a special exception or for variance from the terms of this chapter, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon pursuant to Act 247, as amended:[1]
A.
By mailing or serving notice thereof to the parties in interest.
B.
By mailing or serving notice thereof to the Township Commissioners.
C.
When the Zoning Hearing Board shall so order, 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 said lot or building and to all contiguous property owners of the lot or building in question, provided that failure to give notice required by this subsection shall not invalidate any action taken by the Zoning Hearing Board.
D.
The notices herein required shall state the location of the building or lot and the general nature of the question involved.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 195-59.1 Deemed withdrawal of appeal or application for special exception or variance.
[Added 12-19-2016 by Ord. No. 2016-19]
Should a hearing on any appeal or application for a special exception or variance, at the request of an applicant, be continued beyond the time required for such hearing under the provisions of the Municipalities Planning Code,[1] and should said continuance, at the request of the applicant, continue for a period beyond six months from said required hearing date, said appeal or application shall be deemed withdrawn.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 195-60 Expiration of special exceptions and variances.
[Amended 12-19-2016 by Ord. No. 2016-19]
A special exception or variance shall expire if the applicant fails to obtain a building permit within one year of the date of authorization thereof and shall thereafter be subject to expiration in accordance with § 195-48.
§ 195-61 Appeals.
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.
§ 195-62 Fees.
Application to the Zoning Hearing Board shall be accompanied by a cash payment to the Township Zoning Officer 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 from time to time. Said resolution may provide for the payment of a sum, in addition to the fee, to cover the cost of a stenographic record of hearings.