West Rockhill Township
City Zoning Code
City Zoning Code
ARTICLE XXIV
Zoning Hearing Board
§ 450-2400 Establishment of the Board.
A Zoning Hearing Board is established in order that the objectives of this chapter may be more fully and equitably achieved and a means for competent interpretation of this chapter provided. Any rights, duties, or obligations of the Board not specified within this chapter, shall be governed by Article IX of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
§ 450-2401 Membership, terms of office.
The Zoning Hearing Board shall consist of three members, appointed by the governing body for overlapping three-year terms. All terms shall begin on the first day of January. Members of the Board shall be residents of West Rockhill Township and shall hold no other office in West Rockhill Township. Any member of the Zoning Hearing Board may be removed for cause by the governing body upon written notice and charges after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.
§ 450-2402 Alternate members.
Board of Supervisors may appoint, by resolution, at least one, but no more than three residents of West Rockhill Township to serve as alternate members of the Board. An alternate member shall, when seated on the Board as provided herein to complete the quorum, participate in all discussions and proceedings of the Board to the same and full extent provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this act and as otherwise provided in this chapter and as otherwise provided by law. At any time, an alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless seated as a voting alternate member as needed to complete the quorum. The term of office of an alternate member shall be three years. Alternates shall hold no other office in West Rockhill Township.
§ 450-2403 Manner of initiating action before Board.
All action before the Board shall be initiated by a written application for hearing which shall be filed with the Zoning Officer. All applications shall be made on forms specified by the Board, and no application shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached.
§ 450-2404 Public notice.
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, and to all persons who shall own property adjacent to that property which shall be the subject of an application before the Board. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
§ 450-2405 Additional factors to be considered and request for special exceptions and variances.
In passing upon applications for special exceptions and variances, the Board shall consider all relevant factors and procedures specified in other sections of this chapter, including the use regulations, as well as the following:
A.
Consider the suitability of the property for the use desired, and the extent to which the new or expanded use is regulated by appropriate conditions and safeguards.
B.
Consider the public interest in or the need for the proposed use and determine that the use will serve the best interests of the Township, the convenience of the community, and the public health, safety, and general welfare.
C.
Consider the proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. Where applicable, a certificate of adequacy of sewage and water facilities shall be provided.
D.
Consider the effects of the proposed change with respect to the most appropriate use of land; conserving value of buildings; safety from fire, panic and other dangers; adequacy of light and air; the overcrowding of land; congestion of population; and the adequacy of public and community services.
E.
Consider the compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
F.
Give full consideration to the size, scope, intent, and character of the exception requested and assure the compatibility of the proposed use with the spirit, purpose and intent of the Comprehensive Plan and with all applicable requirements of this chapter and Chapter 365, Subdivision and Land Development.
G.
Consider the safety of access to the property of ordinary and emergency vehicles and the probable effects of proposed development on highway congestion and insure that adequate access arrangements are provided in order to protect roadways from undue congestion and hazard.
H.
The operations in connection with any special exception or variance shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or lights than would be the operations of any permitted use.
I.
The Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluation of the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection of public health, safety, and welfare and other related matters.
J.
Special exceptions and/or variances shall only be issued after the Board has determined that the granting of such will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.
K.
Such other factors which are relevant to the purpose of this chapter.
§ 450-2406 Expiration.
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain any and all permits within one year of the date of authorization.
§ 450-2407 Fees.
Application before the Zoning Hearing Board shall not be complete unless accompanied by a payment to the Township in accordance with a Fee Schedule adopted by resolution of the Zoning Hearing Board and approved by the Township Board of Supervisors following the enactment of this chapter, or as such schedule may be amended by resolution of the Board of Supervisors.