A.
Establishment and grant of power. Pursuant to the provisions of the
Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended,[1] a Zoning Hearing Board is hereby established in Muncy
Borough, Lycoming County. The Board shall perform all the duties and
have the powers prescribed by the Pennsylvania Municipalities Planning
Code, as amended, and as herein described.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Appointment and membership.
(1)
The Zoning Hearing Board shall consist of five residents of Muncy
Borough to be appointed by resolution of the Borough Council. The
terms of office shall be five years and shall be so fixed that the
term of office of one member shall expire each year. Members of the
Zoning Hearing Board shall hold no other elected or appointed office
in the Borough, nor shall any member be an employee of the Borough.
(2)
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Borough Council, but only after the member has received 15
days' advance notice of the Council's intent to take such
a vote. A hearing shall be held in connection with the vote if requested
in writing by the member.
C.
Appointment to fill vacancies. Appointments to fill vacancies shall
be for the unexpired term of the member or members whose term or terms
become vacant. Appointments to fill such vacancies shall be made in
the same manner as the original appointment.
D.
Organization.
(1)
The Board shall elect from its own membership its officers, who shall
serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action, a quorum shall not be
less than a majority of all members of the Board, but the Board may
appoint a hearing officer from its own membership to conduct any hearing
on its behalf and the parties may waive further action by the Board
as provided in this article.
(2)
The Board may make, alter, and rescind rules and forms for its procedure,
consistent with ordinances of the Borough and laws of the commonwealth.
(3)
The Board shall keep full public records of its business, which records
shall be the property of the Borough, and shall submit a record of
its activities to the Borough Council as requested by the Council.
The Zoning Hearing Board shall hear and decide appeals pursuant
to the provisions of the Pennsylvania Municipalities Planning Code,
as amended, and shall have the following powers:
A.
To hear and decide appeals.
(1)
The Zoning Hearing Board shall hear and decide appeals from any order,
requirement, decision or determination made by the Zoning Officer
administering this chapter, including but not limited to the granting
or denial of any permit, or failure to act on the application therefore,
the issuance of any cease-and-desist order, or the issuance or refusal
to issue a certificate of nonconformance for any nonconforming use,
structure, or lot.
(2)
The Zoning Hearing Board shall hear and decide appeals from a determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving the provisions regulating subdivision or Planned Residential Development contained in Articles V and VII of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10501 et seq. and 53
P.S. § 10701 et seq., respectively.
(3)
The Zoning Hearing Board shall hear and decide appeals from a determination
by the Zoning Officer or municipal engineer with reference to the
administration of any floodplain or flood hazard ordinance or such
provisions within a land use ordinance.
(4)
The Zoning Hearing Board shall hear and decide upon appeal from a
determination of the Zoning Officer, any questions involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary where there is uncertainty with
respect thereto.
(5)
The Zoning Hearing Board shall hear and decide appeals from any decision
of the Zoning Officer or Borough Historic Commission with reference
to the administration of the historic preservation provisions of this
chapter.
B.
To hear and decide challenges to the validity of any land use ordinance.
(1)
The Zoning Hearing Board shall hear and decide substantive challenges
to the validity of any land use ordinance, except those for landowner
curative amendments, which shall be brought before the governing body
pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities
Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10609.1 and 10916.1(a)(2),
respectively.
(2)
The Zoning Hearing Board shall hear and decide challenges to the
validity of any land use ordinance raising procedural questions or
alleged defects in the process of enactment or adoption. Such challenges
shall be raised by an appeal taken within 30 days after the effective
date of said ordinance.
C.
To hear and decide requests for variances.
(1)
The Zoning Hearing Board shall hear requests for variances and may
vary or adapt the strict application of any of the requirements of
this chapter in the case of exceptionally irregular, narrow or shallow
lots or other exceptional physical conditions, whereby such strict
application would result in practical difficulty or unnecessary hardship
that would deprive the owner of the reasonable use of the land or
building involved, but in no other case. The sole purpose of any variance
shall be to prevent discrimination, and no variance shall be granted
which would have the effect of granting a special privilege not shared
by other property owners in the same vicinity and district and under
the same conditions.
(2)
The Board's decision to approve or deny a variance request shall be made only after public notice and hearing. (See § 286-89.) (See also § 286-65 of this chapter for additional information regarding variances in Floodplain Districts and Appendix C for an illustration of the variance procedure.[3])
[3]
Editor's Note: Appendix C is included as an attachment to
this chapter.
(3)
No variance in the strict application of any provisions of this chapter
shall be granted by the Zoning Hearing Board unless 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; and
(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.
(4)
In granting any variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter.
D.
To hear and decide requests for special exceptions.
(1)
The Zoning Hearing Board may grant special exceptions only for such uses as are provided for in Article III, District Regulations, and pursuant to express standards and criteria outlined in Article IV. The Board's decision to approve a special exception shall be made only after public notice and public hearing. (See § 286-89.) Such approval shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent changes or additions shall be subject to further review and public hearing by the Zoning Hearing Board as a separate special exception request. (See § 286-66 of this chapter for additional information regarding special exceptions in Floodplain Districts and Appendix D for a chart illustrating the special exception procedure.[4])
[4]
Editor's Note: Appendix D is included as an attachment to
this chapter.
(2)
Prior to action by the Zoning Hearing Board, the Borough Planning
Commission shall be given the opportunity to review the special exception
application. The Planning Commission shall have 30 days from the date
of its receipt of the application from the Board within which to conduct
its review and provide the Board with its recommendations. In the
event that the Commission fails to complete its review or provide
the Board with its recommendations within 30 days, such application
shall be deemed to have been endorsed by the Commission. Further,
the Commission may have representation at the public hearing held
by the Zoning Hearing Board on such application.
(3)
In reviewing applications for special exceptions, the Zoning Hearing Board shall take into account any comments received from the Borough Planning Commission and shall utilize the following criteria, in addition to the standards set forth in Article IV, and in other applicable sections of this chapter.
(a)
Whether the use is generally consistent with the goals, objectives
and strategies of the Muncy Creek Multi-Municipal Comprehensive Plan
of 2004, or as may hereafter be amended;
(b)
That the use is so designed, located and proposed to be operated
that the public health, safety, welfare and convenience will be protected;
(c)
That the use will not cause substantial injury to the value
of other property in the neighborhood where the use is to be located;
(d)
That the use will be compatible with adjoining development and
the proposed character of the zoning district where it is to be located;
(e)
That adequate landscaping and screening is provided as required
herein;
(f)
That adequate off-street parking and loading is provided and
ingress and egress is designed to cause minimum interference with
traffic on abutting streets; and
(g)
That the use conforms with all applicable regulations governing
the district where it is to be located, except as may otherwise be
determined for large-scale developments.
(4)
In approving a special exception, the Zoning Hearing Board may attach
whatever reasonable conditions and safeguards it deems necessary in
order to insure that the proposed development is consistent with the
purposes of this chapter.
A.
Parties appellant Before Zoning Hearing Board. Appeals from a decision
of the Zoning Officer and proceedings to challenge the validity of
the chapter may be filed with the Zoning Hearing Board in writing
by the landowner affected, any officer or agency of the Council, or
by any person aggrieved. Requests for a variance or special exception
must, however, be filed with the Board by any landowner or an authorized
agent of such landowner.
B.
Time limitations.
(1)
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
whether preliminary or final, has been approved by an appropriate
municipal 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.
(2)
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after the notice of determination
is issued.
C.
Applications required. All requests and appeals made to the Zoning
Hearing Board shall be in writing and in such form as may be prescribed
by the Zoning Officer. Every appeal or request shall refer to a specific
provision of this chapter and shall exactly set forth the interpretation
that is claimed or shall include the plans or details of the variance
or special exception that is requested, in addition to the following
information:
(1)
The name and address of the applicant or appellant;
(2)
The name and address of the owner of the parcel to be affected by
such proposed change or appeal;
(3)
The name and address of all adjacent property owners;
(4)
A brief description and location of the parcel to be affected by
such proposed change or appeal;
(5)
A statement of the present zoning classification of the parcel in
question, the improvements thereon and the present use thereof; and
(6)
A reasonably accurate description of any existing buildings, structures,
or improvements located on the site and the additions or changes intended
to be made under this application, indicating the size of such proposed
improvements. In addition, the applicant shall provide the Zoning
Hearing Board with an accurate plot plan, drawn to scale, of the property
to be affected, indicating the location and size of the lot and size
and location of all existing buildings, structures, trees, or other
physical features thereon and those additional improvements proposed
to be erected.
D.
Procedure for Zoning Officer.
(1)
The notice of appeal in any case where a permit has been granted
or denied by the Zoning Officer shall be prescribed by the Zoning
Hearing Board under general rule after notice of such action granting
or denying the permit has been mailed to the applicant. The Zoning
Officer shall then immediately transmit to the Zoning Hearing Board
all papers constituting the record from which the appealed action
was taken, or in lieu thereof, certified copies of said papers.
(2)
It shall be acceptable for the Zoning Officer to recommend to the
Zoning Hearing Board a modification or reversal of his action in cases
where he believes substantial justice requires the same but where
he does not have sufficient authority to grant the relief sought.
E.
Hearings required and notice of hearings.
(1)
The Zoning Hearing Board, before rendering a decision, shall hold
hearings on any appeal, interpretation, variance, special exception,
challenge or other matter requiring the Zoning Hearing Board's
decision or other official action. Within 60 days of the date of receipt
of an applicant's application for such hearing, the Board shall
fix a reasonable time and place for and commence the first hearing
thereon, giving notice as follows:
(a)
Publish public notice in accordance with the definition of "public notice" in Article XIV of this chapter;
(b)
Give written notice to the applicant, the Zoning Officer, the
Borough Secretary-Treasurer and Borough Manager, Secretary of the
Borough Planning Commission, and to any person who has made a timely
request for the same, at least seven days prior to the hearing;
(c)
Post, in a conspicuous place on the affected tract of land,
written notice of the pending hearing at least seven days prior to
the hearing; and
(d)
In the case of an appeal, or a request for a special exception
or variance, notify all adjoining property owners by first class mail
no less than seven days prior to the hearing.
(2)
Each subsequent hearing on the application shall be held within 45
days of the prior hearing, unless otherwise agreed to by the applicant
in writing or on the record.
F.
Rules of conduct.
(1)
The Zoning Hearing Board shall adopt rules in accordance with the
provisions of this chapter and shall commence, conduct and complete
all hearings in accordance with the requirements of the Pennsylvania
Municipalities Planning Code, as amended.[1] Meetings of the Zoning Hearing Board shall be held at
the call of the Chairman and at such other times as the Zoning Hearing
Board may determine. Such Chairman, or in his absence, the acting
Chairman, may administer oaths and compel the attendance of witnesses.
Irrelevant, immaterial or unduly repetitious evidence may be ruled
out of order and excluded from the hearing record.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
All hearings and meetings of the Zoning Hearing Board shall be open
to the public. The Zoning Hearing Board shall keep a stenographic
record of the hearing proceedings. Minutes shall be kept of all other
meetings and shall show the vote of each member upon each question
or if absent or failing to vote, indicate such fact.
(3)
A quorum of three Board Members shall be required for the Zoning
Hearing Board to take action.
G.
Decisions.
(1)
The Zoning Hearing Board shall render a written decision or, when
no decision is called for, make written findings on any application
brought before them within 45 days after the date of the last hearing
on said application. Every decision of the Zoning Hearing 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 of the power of the Zoning Hearing 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 compliance with this chapter.
(2)
In exercising the above-mentioned powers, the Zoning Hearing Board
may, in conformity with the provisions of this article, reverse or
affirm, wholly or partly, or may modify the order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as it feels appropriate.
(3)
A copy of the final decision or findings shall be delivered to the
applicant personally or mailed to him not later than the day following
its date. All other persons interested in the result, who have filed
their name and address with the Board not later than the last day
of the hearing, shall be provided with a brief notice of the decision
or findings and a statement indicating where the full decision may
be examined.
H.
Expiration of appeal decision. Unless otherwise specified by the
Zoning Hearing Board at the time of their action, a decision on any
appeal or request shall expire if the applicant fails to obtain any
necessary zoning permit, or fails to comply with the conditions of
said decision, within six months from the date of said decision.
I.
Required interval for hearings on applications and appeals after
denial. Whenever the Zoning Hearing Board, after hearing all the evidence
presented upon an application or appeal under the provisions of this
chapter, denies the same, the Zoning Hearing Board shall refuse to
hold further hearings on the same or substantially similar application
or appeal by the same applicant, his successor or assign for a period
of one year, except and unless the Zoning Hearing Board shall find
and determine from the information supplied by the request for a rehearing,
that changed conditions have occurred relating to the promotion of
the public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Zoning
Hearing Board and adopted by the unanimous vote of the members present,
but not less than a majority of all members.
J.
Failure to hold required hearing or render decision. Where the Board
fails to commence, conduct, or complete the required hearing or fails
to render a decision within the prescribed time period (except for
challenges filed under Section 916.1 of the Pennsylvania Municipalities
Planning Code[2]), the decision shall be deemed to have been rendered in
favor of the applicant, unless the applicant has agreed in writing
or on the record to an extension of time. When a decision is rendered
in favor of the applicant due to a violation of the established time
requirements, the Zoning Hearing Board must give public notice of
this decision within 10 days from the last day it could have met to
render a timely decision. If the Board fails to provide such notice,
the applicant may do so.
[2]
Editor's Note: See 53 P.S. § 10916.1.
K.
Stay of proceedings. An appeal to the Zoning Hearing Board shall
automatically stop all affected land development. However, if the
Zoning Officer or other appropriate agency certifies to the Zoning
Hearing Board that such a halt could cause an imminent danger to life
or property, then development may only be stopped by a restraining
order granted by the Zoning Hearing Board or by the court having jurisdiction,
on petition, after notice to the Zoning Officer and any other appropriate
agency.
L.
Appeals. Any person aggrieved by any decision of the Zoning Hearing
Board may appeal therefrom within 30 days to the Court of Common Pleas
of Lycoming County pursuant to the procedures established in Article
X-a of the Pennsylvania Municipalities Planning Code, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 11001-a et seq.