West Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE XIX
Zoning Hearing Board
§ 200-140 Establishment.
In order that the objectives of this chapter may be more fully and equitably achieved and a means of competent interpretation of this chapter provided there is established a Zoning Hearing Board for the Township. Such Board is established in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended (53 P.S. § 10101 et seq.).
§ 200-141 Membership and appointment.
A.
Appointment. The Zoning Hearing Board shall consist of three members, appointed by the Board of Supervisors. Each term shall be three years and shall be so fixed that the term of office of one member shall expire each year.
B.
Vacancies. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the duration of the unexpired portion of the term.
C.
Limitation of responsibilities. Members of the Zoning Hearing Board shall hold no other office in the Township, except that no more than one member of the Zoning Hearing Board may also be a member of the Township Planning Commission.
D.
Removal of members. Any member of the Zoning Hearing Board may be removed from office for malfeasance, misfeasance or nonfeasance by a majority vote by the Board of Supervisors. Such vote shall not take place until which time the member has received a fifteen-day advance notice of the intent to take such a vote.
§ 200-142 Procedures, meetings, records and decisions.
A.
Procedures. The Board shall elect a chairman from its membership, shall appoint a secretary, and shall prescribe rules in accordance with the provisions of the state statutes and this chapter for the conduct of its affairs.
B.
Meetings. Meetings shall be open to the public and shall be at the call of the chairman and at such other times as the Board shall specify in its rules of procedure.
C.
Records and decisions. Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the members and the final disposition of each. Every decision of the Board shall bear the signature of a majority of the members of the Board on the original thereof. All decisions of the Board shall be permanently filed with the official Township records. The Board shall notify the Board of Supervisors, Planning Commission, and the Zoning Officer of all decisions and resolutions. No action shall be taken unless a quorum of not less than two members of the Board are in attendance.
§ 200-143 Notice of hearings.
Upon the filing and application with the Board for a special exception, variance or appeal from alleged error of the Zoning Officer, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as follows:
A.
Timing of notice. Public notice shall be given not more than 30 days and not less than 14 days in advance of any public hearing. Such notice shall be published 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.
B.
Contents of notice. The notice shall give written notice to parties in interest who shall be, at least, those persons whose properties adjoin or are across public roads from the property in question.
C.
Notification to the Planning Commission. At least 30 days before the date of hearing on an application for a special exception, the secretary of the Zoning Hearing Board shall transmit a copy of said application to the Planning Commission together with a copy of the notice of the aforesaid hearing.
§ 200-144 Appeals from alleged error of Zoning Officer.
The Zoning Hearing Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination, including any order requiring an alleged violator to stop, cease and desist, made by the Zoning Officer in the enforcement of this chapter.
§ 200-145 Variances.
A.
The Zoning Hearing Board shall hear and decide requests for variances. The following criteria shall apply:
(1)
The Board may authorize, upon appeal, in specific cases such variance from the terms of this chapter as will not be contrary to 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 substantial justice done.
(2)
The applicant shall have the burden of proof in establishing his right to a variance and present a showing of good and sufficient cause.
(3)
In reaching its decision, the Zoning Hearing Board shall be guided by the following standards:
(a)
The granting of the variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(b)
There must be proof of unique circumstances such as there being 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 peculiar to such land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
(c)
There must be proof of unnecessary hardship. If the hardship is general, that is, if it is shared by neighboring property, relief can be properly obtained only by legislative action or by court review of an attack on the validity of this chapter.
(d)
The granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose. It is not sufficient proof of hardship merely to show that greater profit would result if the variance were awarded. Furthermore, the hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must result from the application of this chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.
B.
The Board may prescribe any safeguard that it deems to be necessary to secure substantially the objectives of the regulation or provisions to which the variance applies.
§ 200-146 Special exceptions.
A.
The Zoning Hearing Board shall hear and decide requests for special exceptions under the terms of this chapter upon which the Board is required to pass under this chapter. The following criteria shall apply:
(1)
The applicant shall have the burden of proof in establishing his right to a special exception.
(2)
The Board shall grant a special exception only if it finds adequate evidence that the proposed use submitted for a special exception will meet all of the following general requirements, as well as any specific requirements and standards listed for the proposed use. The Board shall require that any proposed use and location be:
(a)
In accordance with the Comprehensive Plan of the Township and consistent with the spirit, purpose, and intent of this chapter.
(b)
In the best interests of the Township and shall not infringe upon public health, safety and welfare, and shall be a substantial improvement to the property in the immediate vicinity.
(c)
Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with, and appropriate in appearance with, the existing or intended character of the general vicinity.
(d)
In conformance with all applicable requirements of this chapter.
(e)
Suitable in terms of effects on street or highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.
B.
The Zoning Hearing Board may impose whatever conditions and safeguards regarding layout, circulation, and performance it deems necessary to insure that any proposed development will secure substantially the objectives of this chapter.
§ 200-147 Final authority on validity of Zoning Chapter.
The Zoning Hearing Board shall hear and make findings on challenges to the validity of any provision of this chapter with respect to substantive questions.
§ 200-148 Actions of Board in exercising powers.
In exercising the above-mentioned powers, the Zoning Hearing Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, including a stop order or orders to cease and desist as ought to be made. Notice of such decision shall forthwith be given to all parties in interest. The Board shall render a written decision within 45 days after the last hearing before the Board.
§ 200-149 Appeals.
Appeals to the Zoning Hearing Board may be taken by any person or Township Official aggrieved or affected by any provision of this chapter or by any decision including any order to stop, cease, and desist issued by the Zoning Officer in enforcing the provisions of this chapter.
§ 200-150 Rules and procedures for filing appeals and applications.
A.
General rules and procedures for appeals and applications. The following rules shall serve as guidelines for appeals and applications:
(1)
Any appeal shall be made by filing the same with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.
(2)
All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board.
(3)
All appeals and applications shall refer to the specific provisions of this chapter involved.
(4)
All appeals and applications shall set forth names and addresses of all adjoining owners including those across public roads from the subject property.
B.
Appeals from alleged error. Appeals from alleged error of the Zoning Officer shall cite the alleged error, the section or sections of this chapter to which it pertains, and the interpretation thereof that is claimed.
C.
Variance appeals. Appeals for variance from the strict application of this chapter shall include the zoning permit application denied by the Zoning Officer together with a statement with any supporting evidence regarding the requirements listed in § 200-145.
D.
Special exception applications. Applications for special exceptions shall include a zoning permit application with all information required therein and a statement with any supporting evidence regarding the merits of the proposed use at the proposed location and how the proposal complies with the general and specific requirements of this chapter.
§ 200-151 Review by Planning Commission on applications for special exception.
The Zoning Hearing Board shall request an advisory recommendation from the Planning Commission on any application for a special exception, the Planning Commission to submit a report of such advisory recommendation prior to the date of the public hearing held by the Board on an application.
§ 200-152 Standards for review of variance requests.
The Zoning Hearing Board may grant a variance to a provision of this chapter provided the following standards are satisfied where relevant in a given case.
A.
Unique or irregular conditions. Unique physical circumstances or conditions exist, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property. An unnecessary hardship must be created by such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the district in which the property is located.
B.
Strict conformity cannot occur. Because of the physical circumstances or conditions described in § 200-152A, there is no possibility that the property can be developed in strict conformity with the applicable provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
Liability of the applicant. Such unnecessary hardship described in § 200-145A(1) has not been created by the applicant, subsequent to the adoption of this chapter, or prior ordinances, and that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land, structure or building.
D.
Impact of variance on district. The variance, if authorized, will not alter the essential character of the applicable zoning 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.
E.
Minimum variance. 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.
F.
Conditions. The variance, if authorized, shall be subject to such conditions as will assure that the adjustment to provisions of this chapter shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.
§ 200-153 Standards for review of special exceptions.
The Zoning Hearing Board shall hear and decide all requests for special exception uses as identified within this chapter in accordance with the following standards:
A.
Relationship to the Comprehensive Plan. Consideration of the size, scope, extent and character of the proposed special exception and assurance that such use is consistent with community goals and objectives of the West Brandywine Township Comprehensive Plan.[1]
B.
Relationship to this chapter. Consideration of the proposed special exception with respect to promoting harmonious development within the spirit, purpose and intent of this chapter, and that the proposed use will not adversely affect the public health, safety and welfare of Township residents.
C.
Suitability of the tract. Consideration of the suitability of the tract including environmental conditions, highway access and availability of sewer and water facilities.
D.
Impact on existing neighborhood character. Consideration of the extent to which the proposed special exception will alter the character of the existing neighborhood and adjacent tracts.
E.
Impact on circulation. Consideration of the effects of the proposed special exception will have with respect to traffic patterns and volumes, access, parking and undue congestion.
F.
Economic impact. Consideration of the character and type of development proposed as it relates to generating revenue for the Township and that the proposed use will not detract from the surrounding community property value.
§ 200-154 Appeal to Court.
Any person aggrieved by any decision of the Zoning Hearing Board, any Township residents, or member of the Supervisors may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of Chester County, by petition, duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and specifying grounds upon which he relies.
§ 200-155 Fees.
Appeals and applications before the Zoning Hearing Board shall be accompanied by a payment to the Township in accordance with a fee schedule adopted by resolution of the Board of Supervisors upon enactment of this chapter or as such schedule may be amended by resolution of the Board of Supervisors.