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Zoning Hearing Board

Zoning Hearing Board- What It Is & What It Does

Every municipality which has enacted a zoning ordinance must have a Zoning Hearing Board.

The Zoning Hearing Board (ZHB) is a quasi-judicial body and operates separately from the Township. However, the members (who must be Township residents) serving on the ZHB are appointed by the elected Board of Supervisors. In Lower Gwynedd Township we have a 3-member ZHB, and they serve 3-year terms. They have their own appointed Solicitor who guides them and the applicants through the hearing process.

PURPOSE:

The purpose of the ZHB is to conduct hearings and make decisions on applications requesting specific relief or deviation from the Zoning Ordinance. They are not an enforcement body! They also do not handle ordinance amendments, rezoning or conditional use applications.

The ZHB has the jurisdiction to hear and render final adjudications in a defined list of matters under the Municipalities Planning Code, however, the most common matters are:

  • Dimensional Variances- Permission or approval required by the ZHB which constitutes a modification or deviation from the zoning code as it applies to the dimensional requirements of a specific property. Requirements for meeting variances are specific and identified in Chapter 1252 of the LGT Zoning Ordinance.
    • Ex. A resident wishes to place a detached garage next to their house. Under the code they are required to have a side yard that measures 50 feet from the property line to the first structure. If they place the garage where they want it, they will only have 40 feet from the side property line to the garage. They will need to seek a dimensional variance to permit a side yard that is less than the 50-foot side yard requirement of the ordinance.
  •  Use Variances- Permission or approval required by the ZHB which constitutes a modification or deviation from the zoning code as it applies to permitted uses of a specific property. Requirements for meeting variances are specific and identified in Chapter 1252 of the LGT Zoning Ordinance.
  •  Special Exceptions- Permission or approval is required by the ZHB for a specific use or situation that is explicitly identified in the zoning code. The ZHB reviews the special exception requests to make sure it meets the provisions of the code, and they may place conditions on the application if desired.

PROCESS:

The ZHB meets the 2nd Thursday of each month as needed. Applications are accepted anytime, but hearings must be scheduled within 60 days of submission, unless waived by the applicant. A complete application is typically scheduled on the next available hearing date provided it is submitted approximately 30 days prior to the next hearing. The reason for this is so that staff can compile the applications, distribute them to the ZHB Solicitor and he can prepare the required public notice for advertising.  

Public Notice-All applications scheduled for an upcoming hearing are added to a single public notice. This notice is then advertised in the following ways:

  • Public Notice is placed in a newspaper of general circulation at least two weeks prior to the hearing.
  • Properties within 500 feet of the subject parcel are mailed the same public notice that is placed in the paper.
  • The public notice is posted on the subject parcel.
  • The notice is also posted on the Township website.

The hearing is then held, and the applicants make their presentation to the ZHB. At the hearing members of the ZHB and the public may ask questions, make comments, support or oppose the application, etc. The ZHB will then take the information gathered at the hearing and render a decision. They have 45-days after a hearing to issue a formal written decision and order. If additional testimony is requested the hearing may be continued to a future meeting.

 ZHB Application

Zoning Map

OTHER ZONING PROCESSES:

There are other zoning processes within a Township that do not fall under the purview of the ZHB even though they are related to zoning. State law designates exclusive jurisdiction to the governing body for certain zoning related processes. The governing body’s role as a legislative body is temporarily modified to a judicial body during these types of proceedings. In Lower Gwynedd Township the elected Board of Supervisors is responsible for hearing and making decisions in the following matters:

  • Rezoning, Ordinance Amendments
  • Subdivision or Land Developments
  • Conditional Use
  • Curative Amendments to a Zoning Ordinance
  • Other less common applications as defined in the PA Municipalities Planning Code