The Zoning Officer, who shall be appointed in accordance with
law, shall:
A. Administer and enforce the provisions of this chapter in accordance
with its literal terms, and shall not have the power to permit any
construction or any use or change of use which does not conform to
this chapter.
B. Review all applications for zoning permits and zoning occupancy permits,
and issue permits when there is compliance with the provisions of
this chapter. The Zoning Officer may condition the issuance of a zoning
permit upon the applicant proving compliance with other City regulations.
C. Receive applications for special exceptions and variances and forward
these applications to the Zoning Hearing Board for action thereon.
D. Receive applications for conditional uses and forward these applications
to City Council for action thereon.
E. Following disapproval of a zoning permit or another determination,
receive applications for appeals and forward these applications to
the Zoning Hearing Board for action thereon.
F. Maintain a permanent file with all zoning permits, occupancy permits
and applications as public records.
G. Order in writing correction of all conditions found to be in violation
of the provisions of this chapter. An enforcement notice shall meet
requirements of the Pennsylvania Municipalities Planning Code. Prior to issuing an enforcement notice, the Zoning Officer
may informally seek compliance.
H. In the course of administering and enforcing this chapter and reviewing
applications for zoning certificates, temporary use permits, sign
permits or variances, the Zoning Officer may register nonconforming
uses, nonconforming structures and nonconforming lots as they become
known through the application and enforcement process. Registration
and proof of nonconforming uses, structures and lots shall be the
burden of the property owner.
I. Upon the request of City Council, the Planning Commission or the
Zoning Hearing Board, present facts, records or reports which they
may request to assist such body in making decisions.
The City Council shall establish and revise, from time to time,
a schedule of fees by resolution, as well as a collection procedure,
for all applications submitted under the provisions of this chapter.
The schedule of fees shall be available to the public from the Zoning
Officer or the City Manager.
In accordance with law, the City Council shall appoint a Zoning
Hearing Board, which Board shall adopt rules to govern its procedures.
The Board shall hold meetings, keep minutes and, pursuant to notice,
shall conduct hearings, compel the attendance of witness, take testimony
under oath and render decisions, in writing, all as required by law.
A fee shall be charged in accordance with a schedule affixed by the
Council for any appeal or proceeding filed with the Zoning Hearing
Board.
A. Powers and functions. The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
(1) Substantive challenges to the validity of any land use ordinance,
except those brought before the governing body.
(2) Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
(3) Appeals from a determination by a Municipal Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
(4) Applications for variances from the terms of this chapter and flood
hazard ordinance or such provisions within a land use ordinance.
(5) Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance.
(6) Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
(7) Appeals from the Zoning Officer's determination.
(8) Appeals from the 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
subdivision, land development or planned residential development applications.
B. Appeals from the Zoning Officer. The Zoning Hearing Board shall hear
and decide appeals where it is alleged by the appellant that the Zoning
Officer has failed to follow prescribed procedures or has misinterpreted
or misapplied any provision of this chapter or of the Zoning Map or
any valid rule or regulation governing the action of the Zoning Officer.
C. Challenges to the validity of this chapter. A landowner who, on substantive
grounds, desires to challenge the validity of an ordinance or map
or any provision thereof which prohibits or restricts the use or development
of land in which he has an interest shall submit the challenge either
to the Zoning Hearing Board or to the governing body in accordance
with Section 916.1 of the MPC. Persons aggrieved by a use or development permitted on
the land of another by an ordinance or map, or any provision thereof,
who desire to challenge its validity on substantive grounds shall
first submit their challenge to the Zoning Hearing Board for a decision
thereon.
(1) In challenges before the Zoning Hearing Board, the challenging party
shall make a written request to the Board that it hold a hearing on
its challenge. The request shall contain the reasons for the challenge.
(2) Based upon the testimony presented at the hearing or hearings, the
Zoning Board shall determine whether the challenged ordinance or map
is defective, as alleged by the landowner. If a challenge is found
to have merit, the decision of the Zoning Hearing Board shall include
recommended amendments to the challenged ordinance which will cure
the defects found. In reaching its decision, the Zoning Hearing Board
shall consider the amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map;
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(3) The Zoning Hearing Board shall render its decision within 45 days
after the conclusion of the last hearing.
(4) If the Zoning Hearing Board fails to act on the landowner's request
within the time limits, a denial of the request is deemed to have
occurred on the 46th day after the close of the last hearing.
(5) The Zoning Hearing Board shall commence its hearings within 60 days
after the request is filed unless the landowner requests or consents
to an extension of time.
(6) Public notice of the hearing shall include notice that the validity
of the ordinance or map is in question and shall give the place where
and the times when a copy of the request, including any plans, explanatory
material or proposed amendments may be examined by the public.
(7) The challenge shall be deemed denied when:
(a)
The Zoning Hearing Board fails to commence the hearing within
the time limits; or
(b)
The Zoning Hearing Board as the case may be, fails to act on
the request 45 days after the close of the last hearing on the request,
unless the time is extended by mutual consent by the landowner and
the City.
(8) Where, after the effective date of this chapter, a validity challenge is sustained by the Zoning Hearing Board or the court acts finally on appeal from denial of a validity challenge, and the challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval in accordance with the provisions for planned residential development of this chapter or Chapter
307, Subdivision and Land Development. Within the two-year period, no subsequent change or amendment in this chapter, Chapter
307, Subdivision and Land Development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the sustained validity challenge. Where the proposal appended to the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in this chapter, Chapter
307, Subdivision and Land Development, or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
(9) A landowner who has challenged on substantive grounds the validity
of a zoning ordinance to the Zoning Hearing Board shall not submit
any additional substantive challenges involving the same parcel, group
of parcels or part thereof until such time as the status of the landowner's
original challenge has been finally determined or withdrawn; provided,
however, that if after the date of the landowner's original challenge
the City adopts a substantially new or different zoning ordinance
or zoning map, the landowner may file a second substantive challenge
to the new or different zoning ordinance or zoning map.
D. Variances. The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the property of the applicant. 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. The
Board may grant a variance, provided that the following findings are
made relevant in a given case:
(1) 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 district in which the property is located.
(2) 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 therefore necessary to enable the reasonable use of
such property.
(3) That such unnecessary hardship has not been created by the appellant.
(4) 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.
(5) 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.
E. Special exceptions. The Zoning Hearing Board shall hear and decide
requests for special exceptions. The Board shall grant a special exception
only if it finds adequate evidence that any proposed use submitted
for a special exception will meet all of the following general requirements,
as well as any specific requirements and standards listed for the
proposed use. The Board shall, among other things, require that any
proposed use and location be:
(1) In accordance with the City of Clairton Comprehensive Plan and consistent
with the spirit, purposes, and intent of this chapter.
(2) In the best interest of Clairton, the convenience of the community,
the public welfare, and be a substantial improvement to property in
the immediate vicinity.
(3) Suitable for the property in question, and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance with the existing or intended character of the general
vicinity.
(4) In conformance with all applicable requirements of this chapter.
(5) The proposed use shall not substantially change the character of
any surrounding residential neighborhood, after considering any proposed
conditions upon approval such as limits upon hours of operation.
(6) Suitable in terms of effects on street, traffic and safety with adequate
sidewalks and vehicular access arrangements to protect streets from
undue congestion and hazard.
(7) The proposed use shall not create a significant hazard to the public
health and safety, such as fire, toxic or explosive hazards.
(8) The proposed use shall be suitable for the site, considering the
disturbance of steep slopes, mature woodland, wetlands, floodplains,
springs and other important natural features.
(9) The Zoning Hearing Board may impose such conditions, in addition
to those required in this chapter, as are necessary to insure that
the general purpose and intent of this chapter is complied with and
that the use of the property adjacent to the area included in the
proposed change or modification is adequately safeguarded, which conditions
may relate to, but are not limited to, harmonious design of buildings,
aesthetics, planting and its maintenance as a sight or sound screen,
hours of operation, lighting, allied activities, ventilation, noise,
sanitation, safety, smoke and fume control, and the minimizing of
noxious, offensive or hazardous elements.
F. Stay of proceedings. Upon the filing of proceedings before the Zoning
Hearing Board appealing a determination of the Zoning Officer, challenging
an ordinance or requesting a variance or special exception, and during
the pendency of such proceedings 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, unless 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, in which case the
development or official action shall not be stayed otherwise than
by a restraining order, which 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.
G. Hearings. The Zoning Hearing Board shall conduct hearings and make
decisions in accordance with the following requirements:
(1) Appeals and requests for hearings before the Zoning Hearing Board
may be filed by the landowner affected, any officer or agency of the
City or any person aggrieved. The appeal or application and appropriate
fee, established by the City, shall be filed with the Zoning Officer
and paid in advance for each appeal and application.
(2) Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer and to any person who has made a
timely request for the same. In addition, written notice of the hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
(3) The hearing shall be conducted by the Zoning Hearing Board, or the
Board may appoint a hearing officer.
(4) The first hearing before the Board or hearing officer shall be commenced
within 60 days from the date of receipt of the applicant's application,
unless the applicant has agreed in writing to an extension of time.
Each subsequent hearing before the Board or hearing officer shall
be held within 45 days of the prior hearing, unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board or
hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application may, upon the written consent or
consent on the record by the applicant and the City, be granted additional
hearings to complete their opposition to the application provided
the applicant is granted an equal number of additional hearings for
rebuttal.
(5) The parties to the hearing shall be the City, any person affected
by the application who has made timely appearance of record before
the Zoning Hearing Board and any other person, including civic or
community organizations permitted to appear by the Zoning Hearing
Board.
(6) The Chairperson or Acting Chairperson of the Zoning Hearing Board
or the hearing officer 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.
(7) 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.
(8) Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(9) The Zoning Hearing Board or hearing officer, as the case may be,
shall keep a stenographic record of the proceedings, and a transcript
of the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost. The appearance
fee for the stenographer shall be shared equally by the applicant
and the Zoning Hearing Board. The cost of the original transcript
shall be paid by the party ordering it.
(10)
The Board or hearing officer shall not communicate directly
or indirectly with any party or his or her representative in connection
with any issue involved, except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
report, staff memoranda or other materials, unless the parties are
afforded an opportunity to contest the materials so noticed, and shall
not inspect the site or its surroundings after the commencement of
hearings with any party or his or her representative, unless all parties
are given an opportunity to be present.
(11)
The Board or the hearing officer, as the case may be, shall
render a written decision or, when no decision is called for; make
written findings on the application within 45 days after the last
hearing before the Board or hearing officer. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon together with the reasons therefor.
Conclusions based on any provisions of this chapter or of any ordinance,
rule or regulation shall contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in the
light of the facts found. If the hearing is conducted by a hearing
officer and there has been no stipulation that his decision or findings
are final, the Board shall make his report and recommendations available
to the parties within 45 days and the parties shall be entitled to
make written representations thereon to the Board prior to final decision
or entry of findings, and the Board's decision shall be entered no
later than 30 days after the report of the hearing officer. Where
the Board fails to render the decision within the period or fails
to commence, conduct or complete the required hearing, 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 has been rendered in favor of the applicant
because of the failure of the Board to meet or render a decision,
the Board shall give public notice of said decision within 10 days
from the last day it could have met to render a decision. If the Board
shall fail to provide such notice, the applicant may do so. Nothing
in this section shall prejudice the right of any party opposing the
application to appeal the decision to a court of competent jurisdiction.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant and to all other
persons who have filed their names and addresses with the Board personally
or by mail not later than the day following its date.