Zoning Hearing Board

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Overview

The Manheim Township Zoning Hearing Board (ZHB) is an independent quasi-judicial body established Board of Commissioners following the adoption of the Township's zoning ordinance. When zoning is adopted in a municipality in Pennsylvania, the appointment of a Zoning Officer and the creation of a Zoning Hearing Board is required by the Pennsylvania Municipalities Planning Code (MPC), Act 247.

The Zoning Hearing Board serves the community as an independent appeals "court" to hear various cases pertaining to the determinations and interpretations of the Township's zoning ordinance by the Zoning Officer. The ZHB helps to assure fair and equitable application and administration of the Township's zoning ordinance. The ZHB may hear various appeals matters and has the authority under Pennsylvania law to grant relief to an applicant from the literal enforcement of the zoning ordinance in accordance with procedures prescribed by the Township's zoning ordinance and PA Act 247. The ZHB may also uphold the uses, interpretations and determinations by the Township Zoning Officer or other officials regarding land use related matters.

The Zoning Hearing Board has jurisdiction in nine areas as prescribed by the PA Municipalities Planning Code (Act 247). These areas are:

• Substantive challenges to the validity of any land use ordinance,
• Challenges raising procedural questions or alleged defects in the enactment or adoption process of a land use ordinance,
• Appeals from the determination of the Zoning Officer,
• Appeals from a determination by the municipal engineer or zoning officer with regard to administration of any flood plain or flood hazard regulations,
• Applications for variances,
• Applications for Special Exceptions,
• Appeals from determinations regarding the administration of transfers of development rights or performance density provisions,
• Appeals from the zoning officer's determination regarding preliminary opinions, and
• Appeals from the municipal engineer's or zoning officer's determination in the administration of any land use ordinance with regard to storm water management and erosion and sedimentation control not involving subdivision, land development or Planned Residential Development (PRD).

The Zoning Hearing Board members are appointed by the Board of Commissioners for terms of five (5) years. All ZHB members are residents of Manheim Township. During their tenure, members of the Zoning Hearing Board are not permitted to hold any other office in the municipality.