HARBORCREEK TOWNSHIP ZONING HEARING BOARD

Rules of Application

 

1.)                The Board shall assemble on the third (3rd) Tuesday of each month as needed.

 

2.)                Appeals must be submitted to the Zoning Administrator, 5601 Buffalo Road, Harborcreek, Pennsylvania a minimum of 24 days prior to the hearing date.  Appeals to the Zoning Officer’s determinations shall be submitted within 30 days after the determination is made.

 

3.)                Public Notice shall be advertised in a local newspaper according to the rules for “public notice” as required by Pennsylvania Municipalities Planning Code, Act 247 as amended.

 

4.)                The property subject to the variance shall be posted a minimum of 7 days prior to the hearing date stating the time and place of the hearing.

 

5.)                The Zoning Hearing Board requires the appellant to submit the following items relative to the appeal:

 

a.)                    Filing Fee as established by the Board of Supervisors at their annual re-organization meeting.

 

b.)                    Complete Zoning Hearing Board Application

 

c.)                    Appellant must sign the appeal for hearing request on the back of the building permit application (if applicable)

 

d.)                    A Comprehensive site plan indicating the dimensions of the property and the locations of all existing buildings and proposed buildings in relationship to the property lines.

 

e.)                    If the proposed building is to be within 5 ft. of a property line, then an up to date survey must be submitted indicating all of paragraph (d) above.

 

f.)                      (OPTIONAL) The appellant may submit a petition signed by any property owner within 1000 ft. of the subject property indicating their support of the proposal.

 

6.)                The Board shall render a written decision to the appellant within forty-five (45) days of the last public hearing.

                                                               

 

 

 

VARIANCES

 

The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant.  Subject to the provisions of Section 910.2 of the Municipalities Planning Code, the Board may by rule prescribe the form of application and may require a preliminary application to the Zoning Officer. The Board may grant a variance provided the following findings are made relevant in a given case.

 

1.)                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 generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located. 

 

2.)                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 the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property. 

 

3.)                That such unnecessary hardship has not been created by the appellant.

 

 

4.)                That the variance, it 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.

 

5.)        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.  In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the Zoning Ordinance.