This chapter shall apply throughout the Borough of Catasauqua. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 280-3A.
This chapter is hereby adopted in accordance with the following purposes, which shall serve as community development objectives, in addition the purposes provided for each district in § 280-20:
B.
The goals and objectives of the Catasauqua Comprehensive
Plan; and
C.
The following additional objectives:
(1)
Support the goals established in the Comprehensive
Plan for Lehigh-Northampton Counties.
(2)
Promote innovative residential design that encourages
the creation of a sense of community for undeveloped parcels.
(3)
Provide diverse housing opportunities, including housing
that is affordable.
(4)
Encourage adaptive reuse and infill development.
(5)
Protect sensitive and important natural features from
indiscriminate development.
(6)
Stimulate economic development and revitalization
by attracting commercial uses (such as retail, service and specialty
stores) to appropriate areas.
(7)
Provide opportunities for home occupations of limited
intensity.
(8)
Promote the preservation of historic resources.
(9)
Coordinate future land and roadway functions to maximize
safe and efficient use of major roads.
(10)
Coordinate road improvements with planned roadway
functions, design standards and planned land uses.
(11)
Assure that future development provides for
access designs and planned locations that minimize traffic congestion
and safety problems. Encourage needed improvements to be completed
by developers.
(12)
Promote alternative means of transportation,
such as pedestrian movement, bicycles, public transit and carpooling.
(13)
Seek to minimize the need for zoning variances
for routine improvements.
A.
Applicability.
(1)
Any of the following activities or any other activity
regulated by this chapter shall only be carried out in conformity
with this chapter:
(a)
Erection, construction, movement, alteration,
razing, demolition, removal, placement or extension of a structure,
building or sign;
(b)
Change of the type of use or expansion of the
use of a structure or area of land;
(c)
Creation of a lot or alteration of lot lines;
and/or
(d)
Creation of a new use.
(2)
Zoning permit. A zoning permit indicates that a zoning
application complies with this chapter to the best knowledge of the
applicable Borough staff.
(a)
A zoning permit is required to be issued prior
to the start of any of the following activities:
(b)
The Borough may, at its option, issue combined
or separate building permits and zoning permits and/or may utilize
a single or separate applications for the permits.
(c)
The only determinations by the Zoning Officer
that shall be official shall be a written determination after the
Zoning Officer receives a duly submitted written official application.
(3)
Certificate of use and occupancy.
(a)
It shall be unlawful to use and/or occupy any
structure, sign, land area or portion thereof for which a zoning permit
is required until a certificate of use and occupancy for such activity
has been issued by the Borough staff.
(b)
The Borough staff may permit the zoning permit
application to serve as the application for the certificate of use
and occupancy.
(c)
The certificate of use and occupancy shall only
be issued by the Zoning Officer if the Zoning Officer determines that
the activity complies with this chapter, to the best knowledge of
the Zoning Officer. The Borough may also withhold issuance of the
certificate until there is compliance with other Borough ordinances.
(d)
The applicant shall keep a copy of the certificate
of use and occupancy available for inspection.
(e)
Upon the request of an applicant, the Zoning
Officer may issue a temporary certificate of use and occupancy. Such
temporary certificate may permit an activity to occur in all or part
of a structure before the entire work covered by the permit has been
completed.
[1]
However, such temporary certificate shall only
be issued if the applicant proves to the Zoning Officer that the activity
or occupancy can occur safely without endangering public health or
safety.
[2]
The temporary certificate shall establish in
writing a maximum time period under which it is valid. A six-month
maximum time period shall apply if not otherwise specified.
[3]
Failure to receive a permanent certificate of
use and occupancy within such time period shall be a violation of
this chapter.
[4]
The temporary certificate may be conditioned
upon compliance with certain specific requirements within certain
time periods.
B.
Types of uses.
(1)
Permitted-by-right uses. The Zoning Officer shall
issue a permit under this chapter in response to an application for
a use that is "permitted by right" if it meets all of the requirements
of this chapter.
(2)
Special exception use or application requiring a variance.
A permit under this chapter for a use requiring a special exception
or variance shall be issued by the Zoning Officer only in response
to a written approval by the Zoning Hearing Board following a hearing.
C.
Applications.
(1)
Submittal. All applications for a zoning permit or
a decision by the Zoning Hearing Board shall be made in writing on
a form provided by the Borough. Such completed application, with required
fees, shall be submitted to a designated Borough staff-person.
(2)
Site plan. The applicant shall submit a minimum of
two copies of a site plan with the application if the application
involves a new principal building, expansion of a principal building
or addition of three or more parking spaces. The site plan shall be
drawn to scale and show the following:
(a)
Locations, dimensions and uses of existing and
proposed structures, parking and loading areas, and locations of existing
and proposed uses of areas of land, with existing features clearly
distinguished from proposed features;
(b)
Notes showing the dimensions of all buildings
from lot lines and street rights-of-way;
(c)
Locations of any watercourses and any one-hundred-year
floodplain;
(d)
Proposed lot areas, lot widths and other applicable
dimensional requirements;
(e)
Locations and widths of existing and proposed
sidewalks.
(3)
Additional information. Any application under this
chapter shall include the following information, unless the Zoning
Officer determines such information is unnecessary to determine compliance
with this chapter:
(a)
The address of the lot;
(b)
Name and address of the applicant, and of the
owner of the property if different from the applicant;
(c)
A description of the proposed use of the property;
(d)
All other applicable information listed on the
official Borough application form; and
(e)
Such additional information that the Zoning
Officer may determine is reasonably necessary to determine compliance
with this chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection C(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable
lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential
operations and storage in sufficient detail to indicate potential
nuisances and hazards regarding noise, large truck traffic, glare,
odors, dust, fire or toxic or explosive hazards or other significant
public health and safety hazards;
[2]
A list of the maximum hours of operation;
(c)
The existing directions of stormwater flow (and
any proposed revisions), and any proposed methods of stormwater management;
(d)
A listing of any sections of this chapter being
appealed, with the reasons for any appeal;
(e)
Approximate locations of principal buildings
and locations of streets and alleys and zoning district boundaries
within 100 feet of the boundaries of the tract, and description of
uses of adjoining properties (such as "drug store" or "single-family
detached dwelling");
(f)
Heights, locations, methods of illumination
and intensity of exterior lighting and sign lighting;
(g)
Name and address of person who prepared the
site plan;
(h)
Signed acknowledgment of the site plan by the
applicant; and
(i)
Such additional information required under applicable
sections of this chapter.
D.
Issuance of permits.
(1)
At least one copy of each permit application and any
other zoning approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a
state road, a Borough zoning or building permit shall be automatically
conditioned upon issuance of a PennDOT highway occupancy permit.
E.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of this
chapter in case of one or more of the following:
(a)
Any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based (Note: The Pennsylvania Criminal Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties);
(b)
Upon violation of any condition lawfully imposed
by the Zoning Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or
structures in such a way that does not comply with this chapter or
an approved site plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise
provided by state law, may appeal decisions under this chapter within
the provisions of the State Municipalities Planning Code. Any such
appeal shall occur within the time period established in the State
Municipalities Planning Code. (As of the adoption date of this chapter,
such provisions were in Sections 914.1 and 1002-A.[1])
[1]
Editor's Note: See 53 P.S. §§ 10914.1
and 11002-A.
F.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may
be issued by the Zoning Officer for any of the following:
(a)
Customary, routine and accessory short-term
special events, provided that only a well-established nonprofit organization
or a permitted place of worship proposing a temporary use to clearly
primarily serve a charitable, public service or religious purpose
shall be eligible to receive approval for commercial-type activities
in a district where a commercial use would not otherwise be permitted;
(b)
Temporary storage and office trailers that are
necessary to serve on-site construction, while such construction is
actively underway;
(c)
Such other activities that the applicant proves
are routine, customary and temporary.
(2)
Time period. The Zoning Officer shall state a reasonable
maximum time period on the temporary permit. If no time limit is stated,
then a six-month maximum period shall apply. A temporary permit may
be renewed for just cause.
G.
Compliance with Borough Subdivision and Land Development
Ordinance. If an application under this chapter would also be regulated
by the Borough Subdivision and Land Development Ordinance ("SALDO"),[2] then any permit or approval under this chapter shall automatically
be conditioned upon compliance with the SALDO. See the definitions
of "land development" and "subdivision" in the SALDO.
(1)
For example, if an applicant applies for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision approval and the lot is officially recorded by the County
Recorder of Deeds.
B.
After the permit under this chapter has been issued,
the applicant may undertake the action specified by the permit, in
compliance with other Borough ordinances. However, it is recommended
that applicants wait 30 days to begin construction if there is a possibility
of an appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision
of this chapter controls a particular matter, the provision that is
more restrictive upon uses and structures shall apply. The provisions
of this chapter are in addition to any other applicable Borough ordinance.
B.
Uses not specifically regulated. If a use clearly
is not permitted by right, or as a special exception use by this chapter
within any zoning district, the use is prohibited, except that the
Zoning Hearing Board may permit such use as a special exception use
if the applicant specifically proves to the clear satisfaction of
the Zoning Hearing Board that all of the following conditions would
be met:
(1)
The proposed use would be less intensive in external
impacts and nuisances than uses that are permitted in the district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 280-58F;
(3)
The use would meet the standards that would apply under § 280-16C to a special exception use; and
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of chapter text and boundaries.
(1)
The Zoning Officer shall literally apply the wording
of this chapter and the location of all district boundaries to particular
applications. In any case, the Zoning Officer may also request an
advisory opinion from the Borough Solicitor or the Zoning Hearing
Board Solicitor to aid in the Zoning Officer's determination.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such Act.[1])
A.
Violations. Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
(2)
Placement of false statements on or omitting relevant
information from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not
comply with a zoning permit.
(4)
Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval.
(5)
Violation of any condition imposed by a decision of
the Borough Council in granting a conditional use.
B.
Causes of action; enforcement; remedies.
(1)
Enforcement. If it appears to the Borough that a violation
of this chapter has occurred, the Borough shall initiate enforcement
proceedings by sending an enforcement notice. Prior to sending an
official enforcement notice, the Zoning Officer may at his/her option
informally request compliance.
(2)
Enforcement notice. The enforcement notice shall be
sent to the owner of record of the parcel on which the violation has
occurred, to any person who has filed a written request to receive
enforcement notices regarding that parcel, and to any other person
requested in writing by the owner of record. An enforcement notice
shall state the following, at a minimum:
(a)
The name of the owner of record and any other
person against whom the municipality intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this chapter.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with procedures set forth in this chapter.
(f)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
(3)
Evidence; fees. In any appeal of an enforcement notice
to the Zoning Hearing Board, the Borough shall have the responsibility
of presenting its evidence first. Any filing fees paid by a party
to appeal an enforcement notice to the Zoning Hearing Board shall
be returned to the appealing party by the Borough if the Zoning Hearing
Board, or any court in a subsequent appeal, rules in the appealing
party's favor.
(4)
Causes of action. If the enforcement notice is not
complied with, within the specified time period, the Zoning Officer
shall notify Borough Council. With the consent of Borough Council,
the Zoning Officer, Borough Solicitor or other officer of the Borough
may institute any appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure, landscaping or land, or
to prevent, in or about such premises, any act, conduct, business
or use constituting a violation. (Note: Section 617 of the Pennsylvania
Municipalities Planning Code[2] also addresses actions by other parties.)
[2]
Editor's Note: See 53 P.S. § 10617.
(5)
Violations and penalties. Any person, partnership
or corporation who or which has violated or permitted the violation
of the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500 plus all court costs, including the
reasonable attorney's fees incurred by the Borough as a result thereof.
No judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day that a violation continues shall constitute
a separate violation, unless a District Justice determining that there
has been a violation further determines that there was a good faith
basis for the person, partnership or corporation violating this chapter
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the District Justice, and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney's fees collected for the violation of this chapter shall
be paid over to the Borough. Imprisonment shall not be authorized
by this chapter. Any person found guilty of violating an ordinance
shall be assessed court costs and reasonable attorneys’ fees
incurred by the Borough in the enforcement proceedings.
[Amended 4-1-2013 by Ord. No. 1288]
[1]
Editor's Note: See 53 P.S. §§ 10616.1,
10617 and 10617.2.
A Borough fee schedule for permits and applications
may be established and amended by written resolution of Borough Council.[1] No application or appeal shall be considered filed until
all fees are paid.
Within the requirements of the State Municipalities
Planning Code, Borough Council may amend, or repeal any or all portions
of this chapter:
A landowner or Borough Council may utilize the
"curative amendment" provisions of the State Municipalities Planning
Code. (Note: As of the adoption date of this chapter, these provisions
were in Sections 609.1, 609.2 and 916.1 of such Act.[1])
[1]
Editor's Note: See 53 P.S. §§ 10609.1,
10609.2 and 10916.1.
A.
Appointment. The Zoning Officer shall be appointed
by Borough Council. The Borough Manager may designate other persons
to serve as Assistant Zoning Officer(s). Such designations shall be
subject to concurrence by Borough Council. Assistant Zoning Officers
may serve with the same authority and duties as the Zoning Officer.
The Zoning Officer shall not hold any elective office within the Borough,
but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and
powers shall include the following:
(1)
Administer this chapter in accordance with its literal
terms, including to receive and examine all applications required
under the terms of this chapter, and issue or refuse permits within
the provisions of this chapter;
(2)
Conduct inspections to determine compliance, and receive
complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates,
written decisions, and variances granted by the Board, and of enforcement
orders, with all such records being the property of the Borough and
being available for public inspection;
(4)
Review proposed subdivisions and land developments
for compliance with this chapter; and
(5)
Take enforcement actions as provided by the State
Municipalities Planning Code, as amended.
A.
Membership of Board.
(1)
The Zoning Hearing Board shall consist of three residents
of the Borough appointed by Borough Council. The existing terms of
office shall continue, with terms of office being three years, and
with the terms being so fixed that the term of office of one member
shall expire each year. Members of the Board shall hold no other office
in the Borough.
(2)
Alternate members. Borough Council may appoint alternate
members of the Zoning Hearing Board within the applicable provisions
of the State Municipalities Planning Code. [Note: As of the adoption
date of this chapter, such provisions were in Section 903(b) of such
Act.[1]]
[1]
Editor's Note: See 53 P.S. § 10903(b).
B.
Vacancies. Appointments to fill vacancies shall be
only for the unexpired portion of a term.
D.
Zoning Hearing Board jurisdiction and functions. The
Zoning Hearing Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(2)
Challenge to the validity of the ordinance or map.
The applicable provisions of the State Municipalities Planning Code,
as amended, shall apply. (Note: As of the adoption date of this chapter,
these provisions were primarily in Sections 909.1 and 916 of such
Act.[3])
[3]
Editor's Note: See 53 P.S. §§ 10909.1
and 10916.
(3)
Variance.
(a)
The Board shall hear requests for variances
filed with the Borough staff in writing.
(b)
Standards. The Board may grant a variance only
within the limitations of state law. Note: As of the adoption date
of this chapter, the Municipalities Planning Code provided that all
of the following findings must be made, where relevant:
[1]
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 this chapter in the neighborhood or district
in which the property is located;
[2]
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 a variance is therefore
necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created
by the appellant;
[4]
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; and
[5]
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)
In granting any variance, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this chapter.
(4)
Special exception.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 280-16.
(b)
Conditions. In granting a special exception,
the Zoning Hearing 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 and intent of this chapter.
(5)
Persons with disabilities. After the Zoning Officer
receives a complete written application, the Zoning Hearing Board
shall grant a special exception allowing modifications to specific
requirements of this chapter if the applicant proves to the satisfaction
of the Zoning Hearing Board that such modifications are necessary
to provide a "reasonable accommodation" under applicable federal law
to serve persons who the applicant proves have "disabilities" as defined
in and protected by such laws.
(a)
Such reasonable accommodations shall be requested
in accordance with the United States Fair Housing Amendments Act of
1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities
Act, 42 U.S.C. § 12101 et seq., and the federal regulations
adopted pursuant to such statutes, as amended, and/or the accompanying
regulations of the Pennsylvania Human Relations Commission.
(b)
If the applicant is requesting a reasonable
accommodation under such laws and regulations for persons with disabilities,
the applicant shall identify the disability which is protected by
such statutes, the extent of the modification of the provisions of
this chapter necessary for a reasonable accommodation, and the manner
by which the reasonable accommodation requested may be removed when
such person with a protected disability no longer will be present
on the property.
G.
Time limits on permits and approvals.
(1)
Unless otherwise provided by the Zoning Hearing Board
of Borough Council in a decision granting approval, after a variance
is approved or other zoning approval is officially authorized, then
any applicable zoning and building permits shall be secured by the
applicant within 12 months after the date of such approval or authorization.
The work authorized by such permits shall then be completed within
12 months after the issuance of the permits.
(2)
Extension. Unless otherwise provided by the Zoning
Hearing Board of Borough Council in a decision granting approval,
in response to an applicant stating good cause in writing, the Zoning
Officer may extend in writing the time limit for completion of work
to a maximum total of 36 months after permits are issued.
(3)
If an applicant fails to obtain the necessary permits
or begin construction within the above time periods, or allows interruptions
in substantial construction of longer than 12 months, the Zoning Officer
may conclusively presume that the applicant has waived, withdrawn
or abandoned approvals and permits under this chapter and may consider
all such approvals and permits to have become null and void.
The following requirements shall apply to procedures,
hearings and decisions of the Zoning Hearing Board:
A.
Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(2)
Posting. Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3)
Persons given notice. The Borough shall provide written
notice to the applicant of the time and place of the hearing. The
Borough should also provide notice to the President of Borough Council.
In addition, the Borough should provide notice to the last known principal
owner of record of each property that is immediately adjacent to or
immediately across a street from the subject property; however, failure
to provide such notice shall not be grounds for an appeal. Also, such
notice shall be given to any other person or group (including civic
or community organizations) who has made a written timely request
for such notice. Any such notices should be mailed or delivered to
the last known address.
B.
Initiation of hearings. A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
request for a hearing, unless the applicant has agreed in writing
to an extension of time.
C.
Decision/findings.
(2)
The Board shall render a written decision on each
application within 45 days after the last hearing on that application
before the Board, unless the applicant has agreed in writing to an
extension of time.
(3)
Where the application is contested or denied, the
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons for such conclusions.
(4)
References shall be provided to the most pertinent
section(s) of this chapter and/or the State Municipalities Planning
Code.
D.
Notice of decision. A copy of the final decision shall
be personally delivered or mailed to the applicant or his/her representative
or their last known address not later than the time limit established
by the State Municipalities Planning Code, as amended. [Note: As of
the adoption date of this chapter, such provisions were within Sections
908(9) and 908(10) of such Act, including provisions regarding notice
to other parties.[3]]
[3]
Editor's Note: See 53 P.S. § 10908.
E.
State law. See also Section 908 of the Pennsylvania
Municipalities Planning Code.
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such Act.[1])
[1]
Editor's Note: See 53 P.S. § 11001-A
et seq.
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such Act.[1])
[1]
Editor's Note: See 53 P.S. § 10619.
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by Catasauqua Borough or by a municipal
authority created solely by Catasauqua Borough for uses and structures
that are intended for a valid public purpose.
A.
Purpose. The special exception process is designed
to allow careful review of uses that have some potential of conflicts
with adjacent uses or areas.
B.
Special exception procedure.
C.
Consideration of special exception applications. When
special exception uses are provided for in this chapter, the Zoning
Hearing Board shall hear and decide requests for such uses in accordance
with stated standards and criteria for the use and the following standards.
The burden of proof shall rest with the applicant.
(1)
Compliance with this chapter. The applicant shall
establish by credible evidence compliance with all requirements upon
the use that are established by this chapter. The applicant shall
provide the Zoning Hearing Board with sufficient plans, studies or
other data to demonstrate compliance with all applicable regulations.
(2)
Compliance with other requirements. Will not clearly
be in conflict with other Borough ordinances or state or federal laws
or regulations known to the Zoning Hearing Board. The Board may condition
zoning approval upon future proof of compliance with another ordinance,
law or regulation.
(3)
Transportation. The traffic generated by the subject
of the application shall be accommodated in a safe and efficient manner,
after considering any improvements that the applicant commits to complete
or fund. The applicant shall show that the use will not result in
or substantially add to a significant traffic hazard, significant
traffic congestion or a significant pedestrian safety hazard.
(4)
Neighborhood. The proposed use shall not significantly
negatively impact upon the desirable character of an adjacent established
residential neighborhood, such as causing substantial amounts of heavy
truck traffic to travel through a residential neighborhood, or a significant
odor or noise nuisance or very late night/early morning hours of operation,
without proper safeguards.
(5)
Site planning. The applicant shall establish by credible
evidence that the proposed use will be properly designed with regard
to internal circulation, driveway access, site layout, parking layout,
buffering, and all other elements of proper site design.
(6)
Safety. The applicant shall establish by credible
evidence that the proposed use will not create a significant hazard
to the public health and safety, such as fire, toxic or explosive
hazards.
(7)
Historic impact. The application shall not severely
negatively impact upon historically significant buildings on the same
lot, as viewed from a street.
D.
Conditions. In granting a special exception, the Board
may require such reasonable conditions and safeguards (in addition
to those expressed in this chapter) as it determines are necessary
to implement the purposes of this chapter. Conditions imposed by the
Zoning Hearing Board shall automatically become conditions of the
building permit issued pursuant thereto, and any failure to comply
with said conditions shall be a violation of this chapter.
A.
Any review of activity within the floodplain, site
plan review, subdivision or land development approval, erosion control
review, wetland delineation review, stormwater runoff review, review
of activity on steep slopes, or any other review, approval or permit
under this chapter by an officer, employee, board, commission, solicitor,
consultant or agency of the Borough shall not constitute a representation,
guarantee or warranty of any kind by the Borough, or its employees,
officials, boards, solicitor(s), consultants or agencies of the practicality
or safety of any structure, use or subdivision, and shall create no
liability upon nor a cause of action against such entity or person
for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Borough shall not be liable for any later lawful
withdrawal of such permit.
