West Hempfield Township
City Zoning Code
City Zoning Code
ARTICLE 1000
Zoning Hearing Board
§ 1005.1 Appeals from the Zoning Officer.
The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.
§ 1005.2 Challenge to the validity of the Zoning Ordinance or Map.
The Board shall hear challenges to the validity of the zoning ordinance or map except as indicated in Article X of the Act as amended. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 1004. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
§ 1005.3 Special exceptions.
When special exceptions are provided for in this ordinance, the Board shall hear and decide requests for such special exceptions in accordance with stated standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this ordinance, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this ordinance. The Board may grant approval of a special exception provided that the applicant complies with the following standards for special exceptions and that the proposed special exception shall not be detrimental to the health, safety or welfare of the neighborhood. The burden of proof shall rest with the applicant.
A.
The applicant shall establish by credible evidence compliance with all conditions on the special exception enumerated in the section which gives the applicant the right to seek the special exception.
B.
The applicant shall establish by credible evidence that the proposed special exception shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the approval shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems including, but not limited to, police protection, fire protection, utilities, parks, and recreation.
1.
For industrial or commercial special exceptions, the applicant shall demonstrate through the use of traffic studies or other applicable data that the grant of the special exception shall not materially increase traffic congestion in the roads and highways of the Township.
C.
The applicant shall establish by credible evidence that the proposed special exception shall be in and of itself properly designed with regard to internal circulation, parking, buffering, and all other elements of proper design.
D.
The applicant shall submit a site plan drawn to a scale of not more than 100 feet to the inch and which shall include the following:
1.
The location of all existing floodplains, watercourses, railroads, areas of subsidence, wooded areas (marking all wooded areas to be cleared), bridges, culverts, and other significant natural features on the tract and within 200 feet of the tract.
2.
The location of all streets, adjoining tracts, and buildings within 200 feet of the tract.
3.
The location of all proposed land uses including residential uses by types.
4.
Size and intensity of use data, including the number of residential or commercial lots, lot sizes, the number and types of dwelling units, and the density per acre of each type of dwelling unit.
5.
Provisions to be made for the treatment and disposal of sewage and industrial wastes and for water supply.
6.
All proposed site grading and drainage provisions and proposals.
7.
Zoning districts and applicable area, bulk, and yard requirements.
8.
Certification by the person who prepared the site plan.
9.
Certification of ownership and acknowledgment of plans signed by owner and developer.
E.
The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
F.
The proposed special exception shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and shall demonstrate that the use of property adjacent to the area included in the special exception application is adequately safeguarded.
G.
The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of and insure compliance with the Pennsylvania Municipalities Planning Code and this ordinance, which conditions may include plantings and buffers, harmonious designs of buildings and the elimination of noxious, offensive or hazardous elements.
H.
Unless otherwise specified by the Board or by law, a special exception shall expire if the applicant fails to obtain a zoning permit within one year from the date of authorization thereof by the Board or by the court if such special exception has been granted after an appeal, or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the special exception approval within two years from the date of authorization thereof by the Board or by the court if such special exception has been granted after an appeal. The Board, for reasonable cause shown, may extend the approval for an additional period of up to one year.
§ 1005.4 Variances.
The Board shall hear requests for variances where it is alleged that the provisions of the ordinance inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided the following findings are made where relevant in a given case.
A.
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 the circumstances or conditions generally created by the provisions of this Zoning Ordinance in the neighborhood or district in which the property is located.
B.
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 Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
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 detrimental to the public welfare.
E.
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.
F.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this ordinance. The Board shall require that adequate on- or off-site water and sewage disposal facilities are available for the use intended.
G.
Unless otherwise specified by the Board, a variance shall expire if the applicant fails to obtain a zoning permit within six months from the authorization thereof by the Board or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the variance within one year from the date of authorization thereof by the Board. The Board, for reasonable cause shown, may extend the approval for an additional period of up to one year.
§ 1005.5 Additional jurisdiction.
In addition to the functions set forth in §§ 1005.1 through 1005.4 herein, the Board shall have the jurisdiction to hear all matters which are assigned to the jurisdiction of the Board by Article IX of the Act.
§ 1006.1
Appeals under § 1005.1 and proceedings to challenge any ordinance under § 1005.2 may be filed with the Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a special exception under § 1005.3 and requests for a variance under § 1005.4 may be filed with the Board of any landowner or any tenant with the permission of such landowner. An appeal or application shall state:
A.
The name and address of the appellant or applicant.
B.
The name and address of the owner of the real estate to be affected by such proposed special exception or variance.
C.
A brief description and location of the real estate to be affected by such proposed change.
D.
A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof.
E.
A statement of the section of this ordinance under which the variance, appeal, or special exception requested may be allowed and reasons why it should be granted.