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West Lampeter Township
City Zoning Code

ARTICLE VIII

Zoning Hearing Board

§ 285-60.1 Zoning Hearing Board actions and variances.

A. 
Membership of Board. The Zoning Hearing Board shall consist of three residents of the Township appointed by the Board of Supervisors. The existing terms of office shall continue, with terms of office being three years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Township.
(1) 
Alternate members. The Board of Supervisors may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the State Municipalities Planning Code. [Note: As of the adoption date of this chapter, such provisions were in Section 903(b) of such Act.][1]
[1]
Editor's Note: See 53 P.S. § 10903(b).
(2) 
Expenditures. Within the maximum amount of funds appropriated by the Board of Supervisors, the Zoning Hearing Board may employ or contract for secretaries, legal counsel, and other technical and clerical services. Members and alternate members may receive compensation, within limits established by the Board of Supervisors, for the performance of their duties.
B. 
Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
C. 
Organization. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. [As of the adoption date of this chapter, these provisions were in Sections 906(a), (b) and (c) of such Act.][2]
[2]
Editor's Note: See 53 P.S. § 10906(a), (b) and (c).
D. 
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following:
(1) 
Appeal of a decision by the Zoning Officer.
(a) 
The Board shall hear and decide appeals where it is alleged by an affected person, entity or the Board of Supervisors that the Zoning Officer has improperly acted under the requirements and procedures of this chapter.
(b) 
See time limitations for appeals in Subsection E.
(2) 
Challenge to the validity of this chapter or Map. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 909.1[3] and 916 of such Act.)
[3]
Editor's Note: See 53 P.S. §§ 10909.1.
(3) 
Variance.
(a) 
The Board shall hear requests for variances filed with the Township staff in writing.
(b) 
Standards. The Board may grant a variance only within the limitations of state law. Note: As of the adoption date of this chapter, the Municipalities Planning Code provided that all of the following findings must be made where relevant:
[1] 
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 chapter in the neighborhood or district in which the property is located;
[2] 
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 a variance is, therefore, necessary to enable the reasonable use of the property;
[3] 
Such unnecessary hardship has not been created by the appellant;
[4] 
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; and
[5] 
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.
(c) 
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.
(4) 
Special exception.
(a) 
The Board shall hear and decide requests for all special exceptions filed with the Township staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 285-6.
(b) 
Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(5) 
Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a reasonable accommodation to serve persons who the applicant proves have "disabilities," as defined in and protected by such laws.
(a) 
Such reasonable accommodations shall be requested in accordance with the U.S. Fair Housing Amendments Act and/or the Americans with Disabilities Act, as amended.[4]
[4]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(b) 
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(c) 
Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
(6) 
The Zoning Hearing Board shall also hear any other matters as set forth in the State Municipalities Planning Code, as amended. (Note: As of the adoption date of this chapter, such provisions were primarily within Section 909.1 of such law.)[5]
[5]
Editor's Note: See 53 P.S. § 10909.1.
E. 
Time limits for appeals. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were in Section 914.1 of such Act.)[6]
[6]
Editor's Note: See 53 P.S. § 10914.1.
F. 
Stay of proceedings. The stay of proceedings provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, such provisions were in Section 915.1 of such Act.)[7]
[7]
Editor's Note: See 53 P.S. § 10915.1.
G. 
Time limits on permits and approvals. The following time limits shall apply unless a different time limit is provided by the Zoning Hearing Board in a decision granting approval.
(1) 
After a variance is approved or other zoning approval (such as special exception or conditional use approval) is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by such permits shall then be completed within 12 months after the issuance of the permits.
(2) 
In response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit in which to obtain a permit and/or for the completion of work to a maximum of 24 months each.
(3) 
If an applicant fails to obtain the necessary permits or begin construction within the above time periods, or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer shall conclusively presume that the applicant has waived, withdrawn or abandoned approvals, variances and permits under this chapter and all such approvals, variances and permits shall be deemed automatically rescinded by the Township.
H. 
Multiple applications. No more than one application for the same property shall be pending before the Zoning Hearing Board for special exception approval at any time.

§ 285-61 Zoning Hearing Board hearings and decisions.

The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board.
A. 
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1) 
Ad. Public notice shall be published, as defined by Section 107 of the State Municipalities Planning Code.[1] The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
[1]
Editor's Note: See 53 P.S. § 10107.
(2) 
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Township staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
(3) 
Persons given notice. The Township shall provide written notice to the applicant of the time and place of the hearing. The Township should also provide notice to the Chairperson of the Board of Supervisors. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered to the last-known address.
B. 
Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing unless the applicant has agreed, in writing, to an extension of time.
C. 
Decision/findings.
(1) 
The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board unless the applicant has agreed in writing to an extension of time.
(2) 
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3) 
References shall be provided to the most pertinent section(s) of this chapter and/or the State Municipalities Planning Code.
D. 
Notice of decision. A copy of the final decision shall be delivered or mailed to the applicant or his/her representative or their last-known address not later than the time limit established by the State Municipalities Planning Code, as amended. [Note: As of the adoption date of this chapter, such provisions were within Sections 908(9) and 908(10)[2] of such Act, including provisions regarding notice to other parties.]
[2]
Editor's Note: See 53 P.S. § 10908(9) and (10).
E. 
See also Section 908 of the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10908.