Zoning Hearing Board
The Zoning Hearing Board hears and decides 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.
The Zoning Hearing Board hears challenges to the validity of a Zoning Ordinance or Official Map (Zoning Map) excepting cases where there has been an alleged defect in the process of enactment or adoption and where a landowner, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which the landowner has an interest.
The Zoning Hearing Board hears requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant.
The Zoning Hearing Board hears and decide requests for special exceptions pursuant to the criteria also applying to conditional uses and outlined in Section 608 of the Damascus Township Zoning Ordinance.
The Zoning Hearing Board hears other appeals as provided by the Pennsylvania Municipalities Planning Code. In all its actions, the Zoning Hearing Board shall follow procedures as provided in Article IX and X-A of the Pennsylvania Municipalities Planning Code as amended. The Board may, pursuant to the Pennsylvania Municipalities Planning Code, promulgate rules and regulations governing its proceedings.
The Zoning Hearing Board has the right to authorize such variances from the Zoning Ordinance as are permitted under the Pennsylvania Municipalities Planning Code. 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 their circumstances or conditions generally created by the provisions of the 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 the 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 to be detrimental to the public welfare; and
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.
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of Article VI of the Pennsylvania Municipalities Planning Code and the Zoning Ordinance.
ZONING HEARING BOARD
Howard Schuchman, Chairman (570) 224-4410
Frank Ottens, Secretary
Members:
Josephine Clearwater
Robert Gross
David Umstadter
Alternates:
Stephaney Lloyd
Gary Packer
Regular Meetings: First Tuesday of each month at 7:00 p.m., as needed, at the Damascus Township Municipal Building, 60 Conklin Hill Road, Damascus, PA. Hearing requests must be made to the Zoning Officer at least 3 weeks prior to the meeting. Please contact the Zoning Officer for specific details, the procedure, and forms to request a hearing.
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