West Lebanon Township
City Zoning Code
City Zoning Code
PART 15
ZONING HEARING BOARD: POWERS AND DUTIES
§ 27-1501 Administrative Review.
[Ord. 281, 1/5/1976, Art. XV, § 15.1]
To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the administrative official in the enforcement of this chapter.
§ 27-1502 Special Exceptions; Conditions Governing Applications; Procedures.
[Ord. 281, 1/5/1976, Art. XV, § 15.2; as amended by Ord. 454, 9/2/2008]
1.
To hear and decide only such special exceptions as the Zoning Hearing Board is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the Zoning Hearing Board unless and until:
A.
A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.
B.
The public hearing shall be held. Any party may appear in person or by agent or attorney.
C.
The Zoning Hearing Board shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.
D.
Before any special exception shall be issued, the Board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(1)
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and the access in case of fire or catastrophe.
(2)
Off-street parking and loading areas where required, with particular attention to the items in Subsection 1D(1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties generally in the district.
(4)
Utilities, with reference to locations, availability, and compatibility.
(5)
Screening and buffering with reference to type, dimensions, and character.
(6)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.
(7)
Required yards and other open space.
(8)
General compatibility with adjacent properties and other properties in the district.
§ 27-1503 Variances; Conditions Governing Applications; Procedures.
[Ord. 281, 1/5/1976, Art. XV, § 15.3]
1.
To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Zoning Hearing Board unless and until:
A.
A written application for a variance is submitted demonstrating:
(1)
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
(2)
That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(3)
That the special conditions and circumstances do not result from the actions of the applicant.
(4)
That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(5)
No nonconforming use of neighboring lands, structures, or buildings, in other districts shall be considered grounds for the issuance of a variance.
C.
The public hearing shall be held. Any party may appear in person, or by agent, or by attorney.
D.
The Zoning Hearing Board shall make findings that the requirements of Subsection 1A have been met by the applicant for a variance.
E.
The Zoning Hearing Board shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible the reasonable use of the land, building, or structure.
F.
The Zoning Hearing Board shall further make a finding that the granting of a variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
2.
In granting any variance, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with this chapter.
§ 27-1504 Board Has Powers of Administrative Official on Appeals; Reversing Decision of Administrative Official.
[Ord. 281, 1/5/1976, Art. XV, § 15.4]
1.
In exercising the above mentioned powers, the Zoning Hearing Board may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and shall have the powers of the administrative official from whom the appeal is taken.
2.
The concurring vote of two members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
3.
The granting or approval of any special exception or variance shall be valid for the original landowner (appellant) only for a maximum of two years from the date of decision. If, however, said property is transferred in ownership prior to the two-year limitation, the special exception or variance becomes immediately invalid upon such transfer of ownership.