Upper Providence Township
City Zoning Code
City Zoning Code
CHAPTER 1282
Zoning Hearing Board
1282.01 Establishment of Board.
[Ord. No. 321, passed 12-10-1998]
A Zoning Hearing Board shall be established in order that the objectives of this Ordinance may be fully and equitably achieved and that a means for competent interpretation of this Ordinance be provided. The Zoning Hearing Board shall operate in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended.
1282.02 Membership.
[Ord. No. 321, passed 12-10-1998]
The Council of the Township of Upper Providence shall appoint by resolution a Zoning Hearing Board consisting of five Township residents.
1282.03 Jurisdiction.
[Ord. No. 321, passed 12-10-1998]
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
Substantive challenges to validity of any land use ordinance, except those brought before the Township Council pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.
B.
Challenges to the validity of any land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.
C.
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order, or the registration or refusal to register any non-conforming use, structure or lot.
D.
Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this Zoning Ordinance, pursuant to Section 1282.05 of this Ordinance.
F.
Applications for special exceptions under the Zoning Ordinance, pursuant to Section 1282.06 of this Ordinance.
G.
Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code, as amended.
H.
Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII of the Pennsylvania Municipalities Planning Code, as amended.
1282.04 Mediation.
[Ord. No. 321, passed 12-10-1998]
Parties to proceedings before the Zoning Hearing Board may utilize the mediation option pursuant to Article IX of the Pennsylvania Municipalities Planning Code, as amended.
1282.05 Variances.
[Ord. No. 321, passed 12-10-1998]
A.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
1.
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 unnecessary hardship is due to such conditions and to 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 physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorizations 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 not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
5.
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.
B.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this Zoning Ordinance.
1282.06 Special exceptions.
[Ord. No. 321, passed 12-10-1998]
A.
The Zoning Hearing Board shall hear requests for special exceptions as provided for in this Ordinance. The Board shall grant a special exception only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board shall, among other things, require that any proposed use and location be:
1.
In accordance with the Comprehensive Plan of the Township;
2.
In the best interests of the Township and the public welfare;
3.
Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;
4.
In conformance with all applicable requirements of this Ordinance and all municipal ordinances;
5.
Suitable in terms of effect on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard;
B.
In addition, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this Zoning Ordinance.
1282.07 Expiration of variance and special exception.
[Ord. No. 433, passed 5-8-2008]
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within 12 months of the date of the granting of the special exception or variance.