The Zoning Hearing Board shall have the exclusive jurisdiction
to hear and render decisions in the matters authorized by Section
909.1(a) of the Pennsylvania Municipalities Planning Code,[1] including but not limited to the following:
A.
Variances.
(1)
Filing requirements. Each variance application shall include the
following:
(a)
A complete application using the form prescribed by the Borough,
including:
[1]
The name and address of the landowner and applicant;
[2]
Signed verification of the landowner of knowledge of the filling
of the application;
[3]
A brief description and location of the real estate to be affected
by such proposed change together with a plot plan drawn to scale with
sufficient clarity to show the nature and character of the request;
[4]
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present use
thereof; and
[5]
A reference to the specific section and, where applicable, the
subsection at issue and a statement in numbered paragraphs setting
forth the grounds for each form of relief sought, together with each
fact supporting the claim for relief.
(b)
Eight copies of scaled drawings (site plan, including floor
plans and elevations, where appropriate) of the site depicting existing
conditions and requested variance(s).
(c)
Names and addresses of adjoining property owners including properties
directly across a public right-of-way.
(d)
A written description of the requested variance(s) and grounds
for the grant of the variance.
(e)
Payment of applicable fees.
(2)
The Zoning Hearing Board may grant a dimensional variance, provided
that the applicant submits sufficient evidence for the Zoning Hearing
Board to make the following findings 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 this chapter 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 the authorization of
a variance is therefor necessary to enable 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 district or neighborhood 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 regulations in issue; and
(f)
In considering the application for a dimensional variance, the
Zoning Hearing Board also may consider, for purposes of determining
whether the property (not the person) is subject to unnecessary hardship,
such other factors as have been established by the courts of Pennsylvania:
economic detriment to the applicant if the variance is denied, the
financial hardship created by any work necessary to bring the building
into strict compliance with the zoning requirement from which variance
is sought, and the characteristics of the surrounding neighborhood
if the property that is the subject of the application is located
in a blighted area and the application will advance the neighborhood's
rehabilitation.
(3)
The Zoning Hearing Board may grant a use variance, provided that the applicant submits sufficient evidence for the Zoning Hearing Board to make the required findings set forth in Subsection A(2) of this section and, in addition, one of the following findings:
(a)
The physical characteristics of the property are such that it
could not be used for any use permitted by this chapter or could only
be used for such permitted use at prohibitive expense; or
(b)
The physical characteristics of the property are such that the
property has either no value or only distress value for any use permitted
by this chapter.
(4)
The Zoning Hearing Board may grant a hybrid variance (a mixed use/dimensional requirement variance, as characterized by decisions of the Pennsylvania courts), provided that the applicant submits sufficient evidence for the Zoning Hearing Board to make the findings set forth in Subsection A(2) of this section.
(5)
Conditions. 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 and to protect the public
interest. These conditions shall be enforceable by the Zoning Officer,
and failure to comply with such conditions shall constitute a violation
of this chapter subject to the penalties described in this chapter.
(a)
A condition may be amended by the Zoning Hearing Board upon
written application and finding by the Zoning Hearing Board of changed
circumstances that render the original condition no longer appropriate
to serve the function of protecting the public interest that gave
rise to the condition.
(7)
If a zoning/building permit has been requested, the approved variance
with any conditions imposed by the Zoning Hearing Board shall be attached
to the application for zoning/building permit. Where the variance
is approved prior to the application, then the approved variance with
any conditions imposed by the Zoning Hearing Board shall be forwarded
to the Zoning Officer.
(8)
Time limitations. If the use, building or structure for which the
variance was granted is not established, erected or completed, an
approved variance shall expire within one year after the grant of
the variance. Such expiration period shall be a condition of all grants
of variance. An extension of the variance expiration period may be
obtained upon application to the Zoning Hearing Board that states
in writing the grounds for the need for the extension. The Zoning
Hearing Board may grant an extension of six months upon finding that
the applicant has acted with due diligence, and reasonable grounds
exist for such extension.
B.
Special exceptions.
(1)
Filing requirements. Each special exception application shall include
the following:
(a)
A complete application using the form prescribed by the Borough
and executed by the applicant, including:
[1]
The name and address of the appellant and applicant;
[2]
The name and address of the landowner of the real estate to
be affected;
[3]
A brief description and location of the real estate to be affected
by such proposed change together with a plot plan drawn to scale with
sufficient clarity to show the nature and character of the request;
and
[4]
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present use
thereof.
(b)
Names and addresses of adjoining property owners including properties
directly across a public right-of-way;
(c)
Eight copies of scaled drawings (site plan, including floor
plans and elevations where appropriate) of the site, including finished
topography with sufficient detail and accuracy to demonstrate compliance
with all applicable provisions of this chapter, including competent
evidence demonstrating a substantial likelihood of compliance with
the requirements of this chapter;
(d)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter,
including competent evidence demonstrating a substantial likelihood
of compliance with the requirements of this chapter; and
(e)
Payment of applicable fees.
(2)
General criteria. The Zoning Hearing Board shall hear and act upon
applications for special exceptions as specifically authorized by
this chapter. The granting of a special exception shall be subject
to the following standards and criteria. The applicant for a special
exception shall demonstrate, by credible evidence, compliance with
these criteria and those criteria specified elsewhere in this chapter
for the use in question.
(a)
The proposed use shall be consistent with the purpose and intent
of this chapter as expressed in the district descriptions, and such
use is specifically authorized as a use by special exception within
the district wherein the applicant seeks approval;
(b)
The proposed use shall not detract from the use and enjoyment
of adjoining or nearby properties;
(c)
The proposed use will not substantially change the character
of the subject property's neighborhood nor adversely affect the character
of the general neighborhood, the conservation of property values,
the health and safety of residents or workers on adjacent properties
and in the neighborhood, nor the reasonable use of neighboring properties.
The use of adjacent properties shall be adequately safeguarded;
(d)
Adequate public facilities are available to serve the proposed
use, and the proposed use shall not have an adverse effect upon the
logical and economic extension of such public services and facilities
(e.g., schools, parks and recreation, fire, police and ambulance protection,
sewer, water and other utilities, vehicular access, etc.);
(e)
The applicant shall establish by credible evidence that the
proposed special exception shall be in and of itself properly designed
with regard to internal circulation, off-street parking, off-street
loading, landscaping, screening, buffering, and all other elements
of proper design as specified in this chapter and any other governing
law or regulation; and
(f)
The proposed use demonstrates a substantial likelihood of compliance
with the requirements of this chapter.
(3)
Conditions. The Zoning Hearing Board in approving special exception
applications may attach conditions considered necessary to protect
the public welfare and the purposes listed above. The Zoning Hearing
Board may not attach conditions intended to correct an omission of
proof of compliance with an objective requirement or to obtain compliance
with an objective requirement except where the ability to comply with
the requirement is clearly apparent from the record made before the
Zoning Hearing Board. These conditions shall be enforceable by the
Zoning Officer, and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this chapter.
(a)
A condition may be amended by the Zoning Hearing Board upon
written application and finding by the Zoning Hearing Board of changed
circumstances that render the original condition no longer appropriate
to serve the function of protecting the public interest that gave
rise to the condition.
(4)
Site plan approval. Any site plan presented in support of the special
exception shall become an official part of the record for said special
exception. Approval of any special exception will also bind the use
in accordance with the submitted site plan; therefore, should a change
in the site plan be required as part of the approval of the use, the
applicant shall revise the site plan prior to the issuance of a zoning/building
permit. Except as noted for minor changes, any subsequent change on
the subject property not reflected on the originally approved site
plan shall require the approval of another special exception.
(a)
A person or entity having obtained a special exception approval
may apply for a minor change to the approval. The intent of the minor
change application process is to streamline the review and approval
of minor changes to an approved special exception that do not raise
significant substantive concerns.
(b)
A change to an approved special exception that involves one
or more of the following is ineligible for application for a minor
change:
[1]
Change in use.
[2]
Addition of, or change to, vehicular access.
[3]
Change that would require relief from a standard or requirement of this chapter or Chapter 190, Subdivision and Land Development.
[4]
Change that would modify relief already obtained through grant
of a variance, with or without a condition.
[5]
Change that would modify a condition of approval of a special
exception.
[6]
Change that would increase the permitted residential density
by more than 10% or lot coverage by more than 5%.
[7]
Change that would add and/or relocate nonresidential off-street
parking areas, off-street loading areas, outdoor waste storage, outdoor
storage and/or display to yards, or portions thereof, adjoining residences
and/or vacant lands, where such features had not been previously proposed.
[8]
Change that would substantially alter, add or relocate stormwater
management facilities previously proposed; increase the existing volume
or rate of stormwater discharge from the site; or alter the existing
quality of stormwater discharge.
(c)
An application for a minor change shall be submitted in writing
to the Zoning Officer for review and approval. The application shall
include such written and/or graphic information as may be necessary
to fully explain the minor change. Concurrent with the submission
of the application, the applicant shall mail a copy of the application
notice to each person or entity recognized as a party in the initial
application proceeding. The application shall include a sworn certificate
of service that identifies, by name and address, each party served
with the application.
(d)
As the Zoning Officer deems necessary for the making of a decision
on the application for minor change, the Zoning Officer may consult
with the Borough Engineer, Borough Solicitor, and any other consultant.
(e)
Within 21 days of the submission of the minor change, the Zoning
Officer shall issue a written decision approving or recommending denial
of the application for minor change. The written decision shall be
issued to the applicant and all parties to the initial application
proceeding.
[1]
In the event the Zoning Officer approves the application for
minor change, the decision shall be reported at a meeting of the Borough
Council and officially noted in the Borough records in a manner consistent
with the initial approval. The written approval of the minor change
shall be concurrently posted at the Borough offices and on the Borough
website and shall be reported to the Zoning Hearing Board at its next
scheduled regular meeting.
[2]
In the event the Zoning Officer recommends denial of the application
for minor change, the written decision shall state the grounds for
denial.
(f)
In the event the Zoning Officer recommends the denial of the
application for minor change, the applicant may appeal the determination
of the Zoning Officer to the Zoning Hearing Board.
(g)
The Zoning Officer's denial of the application for minor change
does not foreclose the applicant from applying for and obtaining another
special exception approval for the proposed change.
(5)
Time limitation. An approved special exception shall expire after
one year.
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 enforcement notice or the registration or refusal
to register any nonconforming use, structure or lot.
(1)
Filing requirements. Each appeal from the determination of the Zoning
Officer shall include the following:
(a)
A complete application using the form prescribed by the Borough
and executed by the applicant.
[1]
The name and address of the appellant and applicant;
[2]
The name and address of the landowner of the real estate to
be affected;
[3]
A brief description and location of the real estate to be affected
by such proposed change together with a plot plan drawn to scale with
sufficient clarity to show the nature and character of the request;
[4]
A statement of the present zoning classification of the real
estate in question, the improvements thereon, and the present use
thereof; and
[5]
A reference to the specific section and, where applicable, the
subsection at issue, and a statement in numbered paragraphs setting
forth the grounds for each form of relief sought, together with each
fact supporting the claim for relief.
(b)
Names and addresses of adjoining property owners including properties
directly across a public right-of-way.
(c)
A written description of the error and grounds for the appeal.
(d)
A scaled drawing (site plan, including floor plans and elevations,
where appropriate) of the site depicting existing conditions and requested
variance(s).
(e)
Payment of applicable fees.
[1]
Editor's Note: See 53 P.S. § 10909.1(a).
The Borough Council may prescribe reasonable fees with respect
to applications requiring public hearing before the Zoning Hearing
Board. Fees may provide for the recovery of administrative expenses
incurred by the Borough, as such fees are authorized by Section 908(1.1)
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
A.
No application or appeal shall be deemed filed unless and until the
applicable fee is paid, the related form is properly completed, all
informational requirements set forth in this chapter have been satisfied,
and all necessary signatures are applied. Any failure to comply with
the requirements of this subsection may lead to the rejection by the
Zoning Officer of the application or appeal as administratively incomplete.
B.
By executing the application or appeal, the applicant verifies that,
to the best of his or her knowledge, information and belief, each
fact alleged is true and correct, and that there exists a good faith
basis for the requested permission or relief.
B.
Public notice of a public hearing to be conducted by the Zoning Hearing
Board shall be given at such time and in such manner as prescribed
by Section 908 of the Pennsylvania Municipalities Planning Code.[2] Written notice of a public hearing also shall be given
to the applicant, the Zoning Officer, and such other persons as the
Borough Council shall designate by ordinance and to any person who
has made timely request for the same.
[2]
Editor's Note: See 53 P.S. § 10908.
C.
The public hearing on the application shall be held at such time
and in the manner prescribed by Section 908 of the Pennsylvania Municipalities
Planning Code.
A.
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Zoning Officer or the
agency responsible for granting such approval, 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 or 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.
B.
The Zoning Hearing Board shall hold the initial hearing on any complete
application properly submitted to the Zoning Hearing Board's jurisdiction
within 60 days of the submission. Hearings thereafter shall continue
in accordance with Section 908(1.2) of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
C.
The failure of anyone other than the landowner to appeal from an
adverse decision by the Zoning Officer on a challenge to the validity
of this chapter or the Official Zoning Map pursuant to Section 916.2
of the Pennsylvania Municipalities Planning Code[2] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative preliminary approval.
[2]
Editor's Note: See 53 P.S. § 10916.2.
