[Amended 9-12-1989 by Ord. No. 401; 11-9-1993 by Ord. No. 446]
A Zoning Hearing Board is hereby established. The Board shall
consist of three residents of the Borough to be appointed by the President
of Council with the approval of Council. One member shall be designated
to serve until the first day of January 1966; one until the first
day of January 1967; and one until the first day of January 1968.
Their successors shall be appointed at the expiration of their respective
terms to serve three years. An appointment shall similarly be made
for the unexpired term of any member whose term becomes vacant. Members
of the Board shall hold no other office in the Borough.
[Amended 9-12-1989 by Ord. No. 401; 11-9-1993 by Ord. No. 446]
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
B.
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption,
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said ordinance. Where the ordinance appealed
from is the initial zoning ordinance of the Borough and a Zoning Hearing
Board has not been previously established, the appeal raising procedural
questions shall be taken directly to court.
C.
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
D.
Appeals from a determination by a municipal engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of the zoning ordinance
and flood hazard ordinance or such provisions within a land use ordinance.
F.
Applications for special exceptions under the zoning ordinance or
floodplain or flood hazard ordinance or such provisions within a land
use ordinance.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of the zoning ordinance.
H.
Appeals from the Zoning Officer's determination relative to preliminary
opinions as to a proposed plan's compliance with the applicable ordinances
and maps.
I.
Appeals from the determination of the Zoning Officer or municipal
engineer in the administration of any land use ordinance or provisions
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relate to development not involving
planned residential developments and subdivision and land development
matters.
[Amended 9-12-1989 by Ord. No. 401; 11-9-1993 by Ord. No. 446]
The Board shall have all the powers and duties prescribed by
the Pennsylvania Municipalities Planning Code, as amended,[1] and those prescribed by this chapter, which powers and
duties are summarized and more particularly specified as follows,
provided that none of the following provisions shall be deemed to
limit any power of the Board which is conferred by the aforesaid Planning
Code; however, the powers of the Board shall be narrowly interpreted
and strictly construed so that the spirit of this chapter is not violated.
A.
Review and interpretation. Upon appeal from a decision of the Zoning
Officer in accordance with the provisions of this chapter and the
rules of procedure of the Board, the Board shall:
(1)
Review any official action of the Zoning Officer relating to the
enforcement of this chapter, and may reverse or affirm wholly or partly,
or may modify, any order, requirement, decision, or determination
appealed from as in its opinion ought to be made in the premises,
in accordance with the purpose and intent of this chapter;
(2)
With the advice of the Borough Solicitor, interpret the provisions
of this chapter where there is doubt as to its meaning or application;
and
(3)
After requesting a recommendation from the Planning Commission in
each instance, interpret the application of this chapter, where the
actual street layout varies from the street layout shown on the Zoning
District Map in such a way as to carry out the intent and purpose
of the Map.
B.
Variances.
(1)
The Board shall hear requests for variances where it is alleged that
the provisions of the zoning ordinance inflict unnecessary hardship
upon the applicant. The Board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The
Board may grant a variance, provided that 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 and that the unnecessary hardship is due
to such conditions and not the 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 appellant.
(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 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 in issue.
C.
Special exception. Where the governing body, in the Zoning Ordinance,
has stated special exceptions to be granted or denied by the Board
pursuant to express standards and criteria, the Board shall hear and
decide requests for such special exceptions in accordance with such
standards and criteria. In granting a special exception, the Board
may attach such reasonable conditions and safeguards in addition to
those expressed in this chapter as it may deem necessary to implement
the purposes of this act and the Zoning Ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 9-17-1974 by Ord. No. 296; 11-9-1993 by Ord. No. 446]
The Board shall adopt rules of procedure which shall incorporate
the following provisions specifically enumerated. The Chairman, or
in his absence, the acting Chairman, may administer oaths and compel
attendance of witnesses. Meetings of the Board which shall be open
to the public at large, shall be regularly scheduled with intervals
not less than three months. Minutes of the Board's proceedings shall
be kept by the Secretary and shall show the vote of each member upon
each question; or a member's absence or failure to vote. Records shall
be kept of examinations and other official actions — all
of which shall be filed in the office of the Board as a public record.
A.
Appeals. Appeals from the decision of the Zoning Officer shall be
made within 30 days to the Board by any aggrieved person or the head
of any department of the Borough interested in the question involved.
The appellant shall file with the Zoning Officer and with the Board
a notice of appeal, specifying the grounds thereof. The Zoning Officer
shall, forthwith, transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
Applications. Application for the authorization of any special exception
shall be filed with the Board on forms provided therefor. The applicant
shall submit copies of the plans and specifications as prescribed
for the application for any occupancy permit and other data or material
stating the methods by which he will comply for the proposed special
exception.
C.
Public hearings. No appeal for review of an action of the Zoning
Officer or for a variance from the strict application of the requirements
of this chapter and no application for a special exception shall be
adjudicated by the Board unless and until a public hearing thereof
has been held. Notice of the time and place of the public hearing
shall also state the location and general nature of the question involved
and shall be given by the following methods:
(1)
Public notice, which is notice published once each week for two successive
weeks in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
(2)
Written notice to the applicant, Zoning Officer and to any person
who made a timely request for such hearing.
(3)
Written notice posted on the property affected by the hearing. This
notice must be posted conspicuously at least one week before the hearing.
D.
Fees. A fee in the amount of $150 shall be paid upon the filing of
each application before the Board for the purpose of defraying the
costs of the proceedings prescribed hereinabove. No fee, however,
shall be required for the filing of any application by a governmental
agency.
E.
Every decision of the Board shall be based on stated findings of
fact and every finding of fact shall be supported in the record of
the hearing. The enumerated conditions required to exist for the authorization
of a variance shall be construed as limitations on the power of the
Board to act. A mere finding or recitation of the enumerated conditions
unaccompanied by findings of specific fact shall not be deemed findings
of fact and shall not be deemed in compliance with this chapter.
