Washington Township Erie County
City Zoning Code
City Zoning Code
ARTICLE IX
Zoning Hearing Board
§ 150-61 Creation of Board; duties and procedure; filing fee.
In accordance with Article IX of the code,[1] a Zoning Hearing Board shall be appointed and organized, which Board may adopt rules to govern its procedure. The Board shall hold meetings, keep minutes and, pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony under oath and render decisions, in writing, within 45 days after hearing or continued hearing, all as required by law. The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time. Failure to meet the time requirements results in a judgment in favor of the applicant. For the filing of any appeal or proceeding with the Board, a fee shall be charged in accordance with a schedule annually affixed by the Township Council.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 150-62 Hearings.
The Chairman or Acting Chairman of the Board or the Hearing Officer shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and production of documents, including those made by the parties. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument, and to cross-examine adverse witnesses on all relevant issues.
§ 150-63 Appeals.
[Amended 5-18-2005 by Ord. No. 1-05]
Any person or Township official aggrieved or affected by any decision of the Zoning Hearing Officer may appeal to the Board within 30 days of the date of the decision as provided by the rules of the Board by filing a notice of appeal specifying the grounds thereof.
A.
Every appeal or application shall refer to the specific provisions of this chapter involved, and shall set forth exactly the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed the variance should be granted, as the case may be.
§ 150-64 Variances.
A.
In accordance with § 910.2 of the code, the Board, upon appeal, shall have the power to authorize variances from the provisions of this chapter, provided that 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 not to the circumstances or conditions generally created by the provisions of this chapter 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 this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such necessary 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 this chapter and the code.
§ 150-65 Special exceptions.
A.
In accordance with § 912.1 of the code,[1] the Board shall have the power to decide requests for special exceptions in accordance with the general purpose of this chapter and the specific intent of the respective zoning district, as well as the actual standards and criteria set for the specific special exception use. The Board shall approve a special exception use only if it meets with the following standards and criteria:
(1)
That the use is compatible with adjacent uses and structures.
(2)
That the use is suited to the topography and other characteristics of the site.
(3)
That the use complies with all off-street parking requirements (§ 150-24) and other provisions and regulations of this chapter, including regulations specific to the particular special exception for which application is made.
(5)
That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
(6)
That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(7)
That the use shall be compatible with adjoining development and the proposed character of the zoned district where it is to be located.
(8)
That adequate off-street parking and loading is provided, and that ingress and egress is so designed as to cause minimum interference with the traffic on abutting streets.
(9)
That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned building groups or projects.
[1]
Editor's Note: See 53 P.S. §10912.1.
B.
The interpretation and application of the provisions of this chapter shall not be held to be the minimum requirements for the health, safety and general welfare of the Township. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the code.
§ 150-66 Performance standards.
In cases involving performance standards:
A.
The Board may require a plan of the proposed construction or development, a description of machinery proposed and specifications for the mechanisms and techniques to be used.
B.
The Board may obtain qualified expert consultants to testify as to whether or not a proposed use will conform to the performance requirements. The cost of such services shall be borne by the applicant.
§ 150-67 Nonconforming uses.
The Board shall have the power to authorize changes of lawful nonconforming uses according to the standards set forth in Article VI, and such changes are permitted as special exceptions according to standards set forth in this chapter.