Borough of Quakertown, PA ADMINISTRATION

No person shall erect, alter, or convert any structure or building, nor alter the use of any land or structure, until the Zoning Officer issues a zoning permit to the person for said change or construction.

No zoning permit is required for normal maintenance and repairs.

A zoning permit is automatically void unless construction is started within 120 days from the date the permit is issued.

Types of Uses.

Permitted Use. A zoning permit for a permitted use may be issued by the Zoning Officer.

Special Exception, Variance. A zoning permit for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the order of the Zoning Hearing Board after a hearing following a review by the Planning Commission. An application for a special exception, variance or for interpretation of any part or provision of this chapter shall be made to the Zoning Hearing Board on forms which may be obtained from the Zoning Officer.

Conditional Use. A zoning permit for a conditional use shall be issued by the Zoning Officer only upon the written order of Borough Council following a review by the Planning Commission. An application for a conditional use shall be made to Borough Council on forms which may be obtained from the Zoning Officer.

Application.

All applications for a zoning permit shall be in writing on a form provided by the Zoning Officer and shall be submitted to the Zoning Officer. The Zoning Officer shall refuse to accept incomplete applications. No regulatory timetable shall begin until the Zoning Officer determines that an application is complete.

All applications for a zoning permit shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The Zoning Officer or the Zoning Hearing Board may require any additional information which he deems necessary to properly evaluate the application for the purpose of determining its conformity with this chapter.

Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for such permit to determine if all other necessary governmental permits have been obtained. No permit shall be issued until this determination has been made.

The Zoning Officer shall submit the following for review and recommendation to any appropriate agency and/or individuals (e.g., Planning Commission, Area Planning Commission, Borough Engineer, etc.) for review and comment:

All requests for conditional uses or special exceptions involving developments of more than five acres.

All sketch and preliminary subdivision or land development plans of commercial or industrial developments of more than five acres or residential developments of 25 or more dwelling units.

Issuance.

The Zoning Officer shall issue or refuse an application for a zoning permit within 15 days after the date such application was made, except as specifically provided for in this chapter.

A zoning permit shall be prepared in at least duplicate.

One copy shall be kept conspicuously on the premises. No person shall perform building operations of any kind unless a zoning permit is being displayed as required by this chapter.

After the issuance of a zoning permit by the Zoning Officer, no changes of any kind shall be made to the application, permit, plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer.

Occupancy Permit.

Scope. An occupancy permit shall be secured from the Zoning Officer upon the completion of any structure and prior to the occupancy of that structure. An occupancy permit shall also be secured from the Zoning Officer prior to the reoccupancy of any structure or land where a commercial or industrial use is to be located, and for any change of use of any existing building or land where a commercial or industrial use will be involved.

Application. All applications for an occupancy permit shall be in writing on a form furnished by the Zoning Officer.

Issuance.

The Zoning Officer shall grant or refuse an application for an occupancy permit within 15 days after being notified of the completion of authorized construction or alteration, or (where no construction or alteration is involved) within 15 days after receipt of such application.

A copy of the occupancy permit shall be kept upon the premises, and shall be displayed upon request made by any officer of the Borough.

Other Permits. The Borough may require additional permits specified in other related ordinances and laws.

Certificate of Nonconforming Use or Structure.

The owner of the premises occupied by a lawful nonconforming use or structure shall secure a certificate of nonconforming use or structure from the Zoning Officer.

Such certificate shall be authorized by the Zoning Officer and shall certify to the owner his right to continue such nonconforming use or structure.

§ 703 Zoning Officer.

[Ord. 983, 3/4/1992, § 7.3]

Appointment.

The Zoning Officer shall be appointed by Borough Council and shall not hold any elective office.

The Zoning Officer shall continue to serve the Borough until such time as Borough Council declares otherwise.

Duties and Powers.

The Zoning Officer shall:

Administer this chapter in accordance with its literal terms.

Receive and examine all applications required under the terms of this chapter.

Issue or refuse permits within 15 days of the receipt of the application, except as specifically provided for in this chapter.

Receive complaints of violation of this chapter.

(5)

Issue a written notice of violation to any person violating any provision of this chapter.

(6)

Keep records of applications, permits and certificates issued, of variances granted by the Board, of complaints received, of inspections made, of reports rendered, and of notice or orders issued.

(7)

Make all required inspections and perform all other duties as called for in this chapter.

The Zoning Officer shall not have the power to permit any construction, use or change of use which does not conform to this chapter.

§ 704 Zoning Hearing Board.

[Ord. 983, 3/4/1992, § 7.4]

Appointment.

The Zoning Hearing Board shall consist of five residents of the Borough appointed by Borough Council.

Board members shall serve terms of five years, 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.

Vacancies.

The Board shall promptly notify Borough Council of any vacancies which occur.

Appointments to fill vacancies shall be only for the unexpired portion of a term.

Removal.

Any Board member may be removed for just cause by a majority vote of Borough Council, if the member has received 15 days notice of the intent to take such a vote.

A hearing shall be held in connection with the vote, if the member so requests it in writing.

Organization.

The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.

For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the Board. But where two members are disqualified to act in a particular matter, the remaining members may act for the Board.

The Board may make, alter and rescind rules and forms for its procedure, consistent with all applicable Borough ordinances and laws of the Commonwealth.

The fees for all proceedings, hearings and actions by the Board shall be paid by the applicant.

Expenditures.

Within the limits of funds appropriated by Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.

Members of the Board may receive compensation for the performance of their duties, as may be fixed by Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Borough Council.

Zoning Hearing Board Functions. The Zoning Hearing Board shall be responsible for the following:

Appeal from the Zoning Officer.

The Board shall hear and decide appeals where it is alleged by the appellant (the landowner affected, any office or agency of the Borough or any person aggrieved) that the Zoning Officer has failed to follow prescribed procedures, or has misinterpreted or misapplied any valid provision of this chapter or any valid rule or regulation governing the action of the Zoning Officer.

All appeals which allege that the Zoning Officer has made an error shall be filed directly with the Secretary of the Zoning Hearing Board within 30 days of the Zoning Officer's alleged error.

Such appeals shall be in writing and shall explain fully the facts and parties in the case and shall clearly state the reasons or provisions of the ordinance on which the appeal is based.

Nothing contained herein shall be construed to deny the appellant the right to proceed directly in court, pursuant to Pennsylvania Rules of Civil Procedure, Sections 1091-1098 (relating to mandamus).

Challenge to the Validity of this Chapter or Map.

The Board shall hear challenges to the validity of this chapter filed with the Board in writing by the landowner affected, any officer or agency of the Borough, or any person aggrieved.

At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

Variance.

The Board shall hear requests for variances filed with the Board in writing by any landowner (or any tenant with the permission of such landowner) which allege that the provisions of this chapter inflict unnecessary hardship upon the applicant.

The Board may grant a variance only if the following findings, where relevant, are made:

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.

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.

(c)

Such unnecessary hardship has not been created by the appellant.

(d)

The use that is being requested is a use permitted in the zoning district where the request is being made. A variance shall not be granted for any use which is not permitted in the zoning district where the request is being made.

(e)

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.

(f)

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.

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.

Unless otherwise extended, ordered or authorized by the Zoning Hearing Board, the grant of a variance shall automatically expire and be deemed null and void if:

Within one year of the date of the order granting the variance no building or use permit has been issued therefor.

Within four months of the date of the issuance of a permit, no substantial amount of work has been performed in reliance thereon.

Extensions of the above time limitations shall only be granted for urgent and compelling reasons. All orders of the Zoning Hearing Board granting variances shall include a specific reference to this section with an appropriate warning of its effect.

Special Exception.

The Board shall hear and decide requests for all special exceptions filed with the Board in writing by any landowner (or any tenant with the permission of such landowner), as provided in this chapter and in accordance with such standards and criteria contained in this chapter.

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.

Unless otherwise extended, ordered or authorized by the Zoning Hearing Board, the grant of a special exception shall automatically expire and be deemed null and void if:

Within one year of the date of the order granting the special exception no building or use permit has been issued therefor.

Within four months of the date of the issuance of a permit, no substantial amount of work has been performed in reliance thereon.

Extensions of the above time limitations shall only be granted for urgent and compelling reasons. All orders of the Zoning Hearing Board granting special exceptions shall include a specific reference to this section with an appropriate warning of its effect.

Unified Appeals.

Where the Board has jurisdiction over any zoning matter pursuant to § 704, Subsection 6, of this Part, it shall also hear all appeals which an applicant may elect to bring before it with respect to any Borough ordinance or requirements pertaining to the same development plan or development.

In such a case, the Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make a record thereon as provided in § 705. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

Hearings. The Board shall conduct hearings and make decisions in accordance with § 705.

Records and Reports. The Board shall keep full public records of its business and shall submit an annual report of its activities to Borough Council.

Court Appeals.

In the case of an appeal from the Board to the court of common pleas, the Board shall make the return required by law, and shall promptly notify the Borough Solicitor of such appeal and furnish him with a copy of the return including the transcript of testimony.

Any decision of the Board not appealed within 30 days after notice thereof shall be final.

Applications to the Board.

All appeals from a decision of the Zoning Officer and applications to the Board shall be in writing on forms prescribed by the Board.

Every appeal or application shall include the following:

The name and address of the applicant or appellant.

The name and address of the owner of the property to be affected by such proposed change or appeal.

A brief description and location of the property to be affected by such proposed change or appeal.

A statement of the present zoning classification of the property in question, the improvements thereon and the present use thereof.

(5)

A statement of the section of this chapter under which the appeal is made and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.

(6)

A reasonably accurate description of the additions or changes intended to be made under this application, indicating the size, material and general construction of such proposed improvements. A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description.

Time Limitations; Persons Aggrieved. The time limitations for raising certain issues and filing certain issues and filing certain proceedings with the Board shall be the following:

Appeals.

No person shall be allowed to file any proceedings with the Board later than 30 days after any application for development, preliminary or final, has been approved by an appropriate Borough officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given.

If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

The failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary plan pursuant to § 709 of Act 170 (as amended) (regarding a planned residential development) or from an adverse decision by a Zoning Officer on a challenge to the validity of this chapter or Zoning Map pursuant to § 916.1 of Act 170 (as amended) regarding validity of ordinance) shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative or preliminary approval.

Stay of Proceedings.

Upon filing of any proceeding referred to in § 704, Subsection 6, and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed.

The development or official action shall not be stayed if the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property.

Notwithstanding § 704, Subsection 9B, a restraining order may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.

Application for Development.

When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.

The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.

§ 705 Hearings.

[Ord. 983, 3/4/1992, § 7.5; as amended by Ord. 992, 3/3/1993, § 8; and by Ord. 1004, 7/6/1994]

The Board shall conduct hearings and make decisions in accordance with the following:

Notice of Hearings. Notice of all hearings of the Board shall be given as follows:

Notice shall be 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 not less than seven days from the date of the hearing.

Notice of such hearing shall be conspicuously posted on the affected tract of land.

Notice shall be given to the applicant, the Zoning Officer, the Commission, Borough Council, adjoining property owners (including those across the street) and any other person or group (including civic or community organizations) who has made a timely request for such notice, by personally delivering or mailing a copy of the published notice.

Borough Council may establish reasonable fees, based on cost, to be paid by the applicant for any notice required by this chapter and by persons requesting any notice not required by this chapter.

Parties.

The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board.

The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

Oaths and Subpoenas. The chairman or acting chairman of the Board presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

Representation by Counsel. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

Record.

The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.

A transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

Ex Parte Communications.

The Board shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved, except upon notice and opportunity for all parties to participate.

The Board shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed.

After the commencement of hearings, the Board shall not inspect the site or its surroundings with any party or his representative, unless all parties are given an opportunity to be present.

Referral to Planning Commission.

The Board shall refer to the Planning Commission:

All applications for special exceptions as noted by an asterisk(*) in this chapter.

Any other application or appeal which in the opinion of the Board requires review by the Commission.

In its review of a special exception, the Commission shall determine compliance with the standards and criteria set forth in this chapter.

In all cases the Commission shall report in writing its findings and recommendations to the Board within 30 days of their receiving the request for review.

The Board and Commission shall establish mutually acceptable procedures to assure that the review is accomplished in time to permit the Board to make its required decision.

Decision/Findings.

The Board shall render a written decision or make written findings (when no decision is called for) on the application within 45 days after the last hearing before the Board.

Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.

Any conclusion based on any provision of Act 247, as amended, or of this chapter, or of any other ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.

When the Zoning Hearing Board fails to render the decision within the period required by this chapter, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decisions shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing to an extension of time.

Notice of Decision.

A copy of the final decision or a copy of the findings (when no decision is called for), shall be delivered to the applicant personally or mailed to him not later than the day following its date.

The Zoning Hearing Board shall provide (by mail or otherwise) a brief notice of the decision or findings and a statement of the place where the full decision or findings may be examined to all other persons who have filed their name and addresses with the Zoning Hearing Board not later than the last day of the hearing.