[Ord. 1968, 9/8/2003, § 900]
The Pottstown Zoning Hearing Board is created by this Chapter
to help ensure it is administered fairly and equitably.
The board shall hear any appeals of determinations by the Zoning
Officer. It may also grant relief in the form of a variance if the
literal enforcement of this Chapter causes undue hardship in certain
situations. In some circumstances, the Zoning Hearing Board shall
also hear challenges to the validity of this Chapter and hear applications
for Special Exceptions.
DETAILS. For a detailed exposition of this Part, see Zoning
Appendix A9, Sections A900 through A910, located at the end of this
Chapter.
[Ord. 1968, 9/8/2003, § 901]
1.
The Pottstown Zoning Hearing Board shall consist of three residents
of the Borough appointed by Pottstown Council.
2.
The Zoning Officer shall serve as secretary of the Board.
3.
Borough Council may appoint, by resolution, at least one, but no
more than three, Borough residents to serve as alternate members of
the Board. If for any reason the Zoning Hearing Board lacks a quorum,
the Chairman of the Board shall appoint alternate members as needed
to create a quorum. These members shall participate in all proceedings
and discussions of the Board until the matter for which they were
appointed is resolved.
[Ord. 1968, 9/8/2003, § 902]
2.
Variances may be requested by property owners or tenants, with the
property owner's permission, for the property they own or rent. Appeals
of a ruling of the Zoning Officer may be made by any affected resident
or property owner, even if he does not own the property in question.
4.
The Zoning Officer shall forward the application, which is subject
to a fee set by Borough Council, to the Zoning Hearing Board.
[Ord. 1968, 9/8/2003, § 903]
1.
No person shall be allowed to file an appeal with the Board later
than 30 days after an application for development, either preliminary
or final, has been approved by an appropriate Borough officer or body.
2.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
3.
After a permit has been authorized by the Zoning Hearing Board, a
permit must be applied for within 12 months or the authorization expires.
If the application fails to comply with the conditions of the authorized
permit within 12 months, the authorization expires.
[Ord. 1968, 9/8/2003, § 904]
1.
Within 60 days of an applicant's request, the Zoning Hearing Board
shall conduct properly advertised public hearings, which includes:
A.
Placing notices in a newspaper of general circulation.
B.
Mailing a notice to the property owner, and, at the discretion of
the Zoning Officer, to the occupant of every property within 300 feet
of the lot in question.
C.
Giving notice to the appellant, Zoning Officer, Planning Commission,
and Borough Council.
D.
Mailing a notice to every resident who has formally registered interest
in the case.
E.
Posting a notice conspicuously on the affected tract of land at least
one week in advance of the hearing.
[Ord. 1968, 9/8/2003, § 905]
1.
For the conduct of any hearing and making a decision, a quorum shall
be not less than a majority of all members of the Board. If for some
reason there are not enough members for a quorum, the chairman of
the Zoning Hearing Board shall appoint one or more alternates to achieve
a quorum.
3.
The parties shall have the right to be represented by counsel and
shall be allowed to respond, to present evidence and argument, and
to cross-examine adverse witnesses on all relevant issues.
4.
Formal rules of evidence shall not apply, but evidence that is irrelevant,
immaterial, or unduly repetitious may be excluded.
5.
The chairman or acting chairman shall have the power to administer
oaths and issue subpoenas and to compel the attendance of witnesses.
This power extends to requiring the production of relevant documents
and papers including witnesses and documents requested by the parties.
6.
The Board shall keep a stenographic record of the proceedings, the
cost of which shall be shared equally by the applicant and the Board.
7.
The Board shall not communicate with any party or representatives
in connection with any issue involved, unless all parties are given
a chance to participate. The Board shall not visit the site with any
one party.
8.
The Board shall issue a written decision within 45 days after the
last hearing before the Board. If no decision is needed, written findings
will be issued.
9.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact and conclusions based on the findings
of fact. Conclusions based on this Chapter or any other law shall
include a reference to the appropriate provisions.
10.
A decision or findings by the Board shall be by a majority of the
members. A tie vote shall be deemed a denial of appeal.
11.
When the Board fails to render a decision within the period required
by this Chapter, and/or fails to hold the required hearing within
60 days of the filing of the application, the decision shall be deemed
to have been rendered in favor of the applicant, unless the applicant
formally gives an extension.
12.
A copy of the final decision, or if no decision is needed, the findings
of fact, shall be mailed to the applicant after the decision is made.
Other parties shall receive a brief notice of the decision, or findings,
and a statement identifying the place where the full decision may
be reviewed.
[Ord. 1968, 9/8/2003, § 906]
1.
The Board shall hear requests for variances where it is alleged that
the provisions of this Chapter inflict unnecessary hardship upon the
applicant. The Board may grant a variance, provided all of 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. That the unnecessary hardship is due to these
conditions and not the circumstances or conditions created 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 this Chapter, and that a variance is necessary
to allow the reasonable use of the property.
C.
That the hardship has not been created by the appellant or his predecessors.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor impair substantially or permanently the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
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 involved.
2.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
the Pennsylvania Municipalities Planning Code and this Chapter.
[Ord. 1968, 9/8/2003, § 907]
1.
In order not to delay unreasonably the time when a landowner may
secure assurance that the Ordinance or map under which he proposes
to build is free from challenge, and recognizing that the procedure
for preliminary approval of his development may be too cumbersome
or may be unavailable, the landowner may advance the date from which
time any challenge to the Ordinance or map will be filed:
A.
The landowner may submit plans and other materials describing his
proposed use or development to the Zoning Officer for a preliminary
opinion as to their compliance with the applicable ordinances and
maps. Such plans and other materials shall not be required to meet
the standards prescribed for preliminary, tentative, or final approval
or for the issuance of a building permit so long as they provide reasonable
notice of the proposed use or development, and provide a sufficient
basis for a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that the use or development
complies with the ordinance or map, notice thereof shall be published
once each week for two successive weeks in a newspaper of general
circulation in the Borough. Such notice shall include:
C.
The favorable preliminary approval and the time specified in them
for commencing a proceeding with the Board shall run from the time
when the second notice thereof has been published.
[Ord. 1968, 9/8/2003, § 908]
1.
A landowner who, on substantive grounds, desires to challenge the
validity of this Chapter or any other ordinance or map or any provision
of an ordinance that prohibits or restricts the use or development
of land in which he has an interest shall submit the challenge either:
[Ord. 1968, 9/8/2003, § 909]
Nothing in this Chapter shall be construed to deny an appellant
the right to proceed directly to court where appropriate under state
law.
