West Deer Township City Zoning Code
ARTICLE XXVII
Zoning Hearing Board
§ 210-172 Creation and appointment.
A Zoning Hearing Board is hereby created. The membership of the Board shall consist of five residents of the Township appointed by the Board of Supervisors. Their terms of office shall be as defined by the Township and shall be so fixed that the term of office of one member shall expire each year. The Board of Supervisors may appoint, by resolution, at least one, but no more than three, residents of the Township to serve as alternate members of the Zoning Hearing Board. 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 unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other elected or appointed office in the Township nor shall any member be an employee of the Township.
§ 210-173 Removal of members.
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors, taken after the member has received 15 days' advance notice of the intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
§ 210-174 Organization of Zoning Hearing Board.
The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Zoning Hearing Board, but the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Zoning Hearing Board as provided in Article IX, Section 908 of the Pennsylvania Municipalities Planning Code, Act 247, as reenacted and amended. The Zoning Hearing Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth of Pennsylvania. The Zoning Hearing Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.
§ 210-175 Powers and duties.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to § 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10609.1, 10916.1.
B.
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 therefore, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
C.
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.
D.
Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 910.2 of the MPC, 53 P.S. § 10910.2.
E.
Applications for special exception under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
F.
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
G.
Appeals from the Zoning Officer's determination under § 916.2 of the MPC, 53 P.S. § 10916.2.
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 storm water management insofar as the same relate to development not involving applications under Article V or VII of the MPC, 53 P.S. § 10501 et seq., 10701 et seq.
§ 210-176 Functions of the Board.
A.
Variances.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant.
(2)
Variance from the terms of this chapter shall not be granted by the Board unless a written application for a variance is submitted to the Secretary of the Board demonstrating that:
(a)
There are unique physical circumstances or conditions including but not limited to 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 the circumstances or conditions generally created by the provisions of this chapter in the neighborhood in which the property is located;
(b)
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;
(c)
Such unnecessary hardship has not been created by the appellant;
(d)
The variance, if authorized, will not alter the essential character of the neighborhood 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; and will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(3)
Public notice shall be publicized based on requirements contained in the MPC.
(4)
If the Board finds in favor of the appellant, it may prescribe appropriate conditions and safeguards deemed necessary to implement the purposes and intent of this chapter and the Comprehensive Plan of West Deer Township.
(5)
The Board shall prescribe a time limit, consistent with the nature of the variance granted and the conditions surrounding the property, within which the action for which the variance is granted shall be begun and completed. Failure to comply with the time limits shall render the variance void.
§ 210-177 Procedure for appeal.
The procedure of the Zoning Hearing Board shall be governed by the provisions of applicable laws of the MPC, as reenacted and amended, and such rules not inconsistent therewith, as the Board may adopt. In general, the procedure for appeal from action of the Zoning Officer shall be as follows:
A.
Any appeal from the requirements of the Zoning Ordinance shall be taken by filing with the Officer from whom the appeal is taken and with the Zoning Hearing Board, a notice of appeal specifying the grounds thereof. The Officer from whom the appeal is taken shall forthwith transmit to the Board all of the documentary material constituting the record upon which the action appealed was taken.
B.
The appellant shall, at the time of filing his appeal, pay the enforcing officer a fee as determined by the Board of Supervisors to defray, or help defray, the cost of the required advertising.
C.
Each appeal shall be tried on its merits at a public hearing. Notice of such appeal shall be given by publishing in a newspaper of general circulation in the Township and in accordance with the applicable law. The Board shall give the additional notice required by law to all parties in interest, and they may adjourn any hearing for the purposes of giving such further notice.
D.
The Board shall decide each appeal within the time required by the MPC, and notice thereof shall be given to all parties in interest. The Board's decision shall be immediately filed in its office upon such appeals or upon exceptions, the Board may in conformity with law, reverse or affirm wholly or partly, or modify the order, requirement, decision or determination as in its opinion ought to be made.
E.
Any person aggrieved by any decision of the Zoning Hearing Board may appeal therefrom to the Court of Common Pleas as provided by law.