A.
Zoning Hearing Board members. A Zoning Hearing Board is hereby created,
which Board shall have all of the powers and duties as set forth in
the MPC or this chapter. The membership of said Board shall consist
of five residents of the City appointed by City Council. The terms
of office of each member of the Board shall be five years and shall
be so fixed that the term of office of one member of the Board shall
expire each year. The Board shall promptly notify City Council of
any vacancies which occur. Appointment to fill vacancies shall be
only for the unexpired portion of the term. Members of the Zoning
Hearing Board shall hold no other office (including appointed or elected)
in the City, including membership on the Planning Commission and Zoning
Officer.
B.
Alternate members. The City Council may appoint by resolution at least one but no more than three residents of the City to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be five years. When seated in accordance with § 410-156B of this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Board to the same and full extent as provided by law for Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth on this chapter and otherwise provided by law. Alternates shall hold no other office in the City, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Board, but shall not be entitled to vote as a member of the Zoning Board nor be compensated pursuant to § 410-157B of this chapter unless designated as a voting alternate member pursuant to § 410-156B of this chapter.
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 Council, taken after the member has received
15 days' advance notice of the intent to take such vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
A.
The Zoning Hearing 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 be not less than a majority of all members of the Zoning Hearing Board, but the Zoning Hearing 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 Zoning Hearing Board as provided in Article IX, § 908 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
If, by reason of absence or disqualification of a member, a quorum
is not reached, the Chairman of the Board shall designate as many
alternate members of the Board to sit on the Board as may be needed
to provide a quorum. Any alternate member of the Board shall continue
to serve on the Board in all proceedings involving the matter or case
for which the alternate was initially appointed until the Board has
made a final determination of the matter or case. Designation of an
alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
C.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the City and laws of the commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the City, and shall submit a report of its
activities to City Council as requested by City Council.
A.
The City Council shall make provision in its budget for appropriate
funds for the operation of the Zoning Hearing Board. Within the limits
of funds appropriated by the City Council, the Zoning Hearing Board
may employ or contract for secretaries, clerks, legal counsel, consultants
and other technical and clerical services.
B.
Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the City Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the City Council. Alternate members of the Board may receive compensation, as may be fixed by the City Council, for the performance of their duties when designated as alternate members in § 410-156B of this chapter, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the City Council.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
(2)
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption,
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said ordinance. Where the ordinance appealed
from is the initial zoning ordinance of the City and a zoning hearing
board has not been previously established, the appeal raising procedural
questions shall be taken directly to court.
(3)
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 thereof, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
(4)
Appeals from a determination by a City 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.
(7)
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.
(9)
Appeals from the determination of the Zoning Officer or City 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 Article V or VII application of the MPC.[5]
[5]
Editor's Note: See 53 P.S. § 10501 et seq. or 10701
et seq., respectively.
B.
The Zoning Hearing Board shall hear requests for variances from the requirements of this chapter where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the application following the procedures set forth in § 410-159 of this chapter.
(1)
The Zoning Hearing Board may grant a variance, provided 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 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
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.
(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.
(2)
Conditions. The Zoning Hearing Board, in approving variance
applications, may attach conditions considered necessary to protect
the public welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same zone. These conditions shall be enforceable by the Zoning
Officer, and failure to comply with such conditions will constitute
a violation of this chapter.
(3)
Filing requirements. In addition to the required zoning permit,
each variance applications shall include the following:
(a)
Ground floor plans and elevations of existing and/or proposed
structures.
(b)
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way. This information
is provided by the City staff based on the current tax records.
(c)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(d)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions of this chapter.
(4)
Site plan approval. Any site plan presented in support of a
variance shall become an official part of the record for said variance.
Approval of any variance will also bind the use in accordance with
the submitted site plan.
C.
The Zoning Hearing Board shall hear and decide requests for special exceptions upon the application as provided for and following the procedures set forth in § 410-159 in this chapter and subject to all applicable requirements, including but not limited to:
(1)
General criteria. Each applicant must demonstrate compliance
with the following:
(a)
The proposed use shall be consistent with the purpose and intent
of this chapter.
(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.
(d)
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water and other utilities, vehicular access, etc.).
(e)
The proposed use complies with Article XV of this chapter regarding flood damage control standards.
(f)
The proposed use shall comply with those criteria specifically listed in Article XX of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(g)
The proposed use will not substantially impair the integrity
of the City of Lock Haven Comprehensive Plan.
(2)
Filing requirements. In addition to the required zoning permit
information, each special exception application shall include the
following:
(a)
Ground floor plans and elevations or proposed structures.
(b)
Names and address of adjoining property owners, including properties
directly across a public right-of-way. This information is provided
by the City staff based on the current tax records.
(c)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(d)
A written description of the proposed use in sufficient detail
to demonstrate compliance with all applicable provisions 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, including conditions
which are more restrictive than those established for other uses in
the same zone. The conditions shall be enforceable by the Zoning Officer
and failure to comply with such conditions shall constitute a violation
of this chapter.
(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 permit. Any subsequent change to the use on the
subject property not reflected on the originally approved site plan,
shall require the obtainment of another special exception approval.
A.
Application.
(1)
All action before the Board shall be initiated by a written
application for hearing, which shall be filed with the Zoning Officer
at least three weeks prior to the meeting at which time the matter
is to be heard, along with all maps, plans and text which may be relevant
to the request. All applications shall be made on forms specified
by the Board. No application shall be accepted unless the same shall
be fully and legibly completed and unless all exhibits and supplemental
material required by the application shall be attached and until all
fees required shall have been paid.
(2)
The Zoning Officer shall transmit the request and any information
received therewith, along with his file on said issue, forthwith to
the Zoning Hearing Board.
B.
Fees. The City Council may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
C.
Time limitations.
(1)
Landowner appeals. All appeals from determinations adverse to
the landowner shall be filed by the landowner within 30 days after
notice of the determination is issued.
(2)
Appeal of persons aggrieved. No person shall be allowed to file
any proceeding with the Board later than 30 days after an application
for development, preliminary or final, has been approved by the appropriate
City 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.
D.
Hearing schedule. The Board may conduct hearings and make decisions
at any regular or special meeting. In no instance will a hearing be
scheduled later than 60 days from the date of the applicant's request
for a hearing, unless the applicant has agreed in writing to an extension
of time.
E.
Notification of hearing.
(1)
Whenever a hearing has been scheduled, public notice shall be
given to the general public by means of publication once each week
for two successive weeks in a newspaper of general circulation within
the community. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered. The first
publication shall not be more than 30 days, and the second publication
shall not be less than seven days prior to the date of the hearing.
(2)
Written notice shall be given to the applicant, the Zoning Officer
and to any person who has made timely request for such notice.
(3)
In addition to the notice provided herein, the Zoning Officer
shall conspicuously post notice of said hearing on the affected tract
of land no less than seven days prior to the date of the hearing.
(4)
The applicant shall, at least five days prior to the time appointed
for said hearing, give personal notice to all owners of property within
200 lineal feet of the affected property by either handing a copy
thereof to the said property owner(s) or by leaving a copy at their
usual place of abode or by sending written notification by certified
mail/return receipt requested to the last known address of the property
owner(s).
(a)
Where the owner(s) are a partnership, service upon any partner
as above provided shall be sufficient, and where the owner(s) are
corporations, service upon any officer, as above set forth, shall
be sufficient.
F.
Conduct of hearing. The hearing shall be conducted by the Zoning
Hearing Board. The decision, or where no decision is called for, the
findings, shall be made by the Board; however, the appellant or the
applicant, as the case may be, in addition to the City, may, prior
to the decision of the hearing, waive decision or findings by the
Zoning Hearing Board and accept the decision or findings of the hearing
as final.
G.
Order of hearing.
(1)
Hearing called to order.
(2)
Chairman's statement of reason for hearing.
(3)
Chairman's statement of parties to hearing.
(4)
Identification of other parties wishing to be heard.
(5)
Outline of procedures to be followed during hearing.
(9)
Other testimony and evidence.
(10)
Rebuttal by applicant.
(11)
Rebuttal by objectors.
(12)
Concluding remarks and notice of when decision is expected to
be made.
(13)
Adjournment of hearing.
H.
Record. The Zoning Hearing Board shall keep a stenographic record
of the proceedings. The appearance fee for a stenographer shall be
shared equally by the applicant and the Zoning Hearing Board. 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 cost
of the original transcript shall be paid by the Zoning Hearing Board
if the transcript is ordered by the Zoning Hearing Board or shall
be paid by the person appealing from the decision of the Zoning Hearing
Board if such appeal is made, and in either event, the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases, the party requesting the original transcript shall
bear the cost thereof.
I.
Parties. The parties to the hearing shall be the City, 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. All persons who wish
to be considered parties shall enter appearances, in writing, on forms
provided by the Board for that purpose. Persons aggrieved shall not
be denied standing because they do not reside nor have a property
interest within the municipal boundaries.
J.
Representation. All parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument, and to cross-examine adverse witnesses on all
relevant issues.
K.
Witnesses. All witnesses shall testify under oath. The Chairman or
acting Chairman of the Zoning Hearing 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.
L.
Evidence. The Zoning Hearing Board shall not be bound by strict rules
of evidence, but it may exclude irrelevant, immaterial, incompetent
or unduly repetitious testimony or evidence. The Chairman shall rule
on all questions relating to the admissibility of evidence, which
may be overruled by a majority of the Zoning Hearing Board.
M.
Communication. The Zoning Hearing 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, shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from the
Zoning Hearing Board Solicitor, unless the parties are afforded an
opportunity to contest the material so noticed and shall not inspect
the site or its surroundings after the commencement of hearings with
any party or his representative unless all parties are given an opportunity
to be present.
N.
Decisions.
(1)
The Board shall render a written decision, or when no decision
is called for, make written findings within 45 days after the last
hearing before the Board. Where the application is contested or denied,
each decision shall be accompanied by findings of fact and conclusions
based thereon together with reasons therefor. Conclusions based on
any provisions of this chapter or the MPC 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.
(2)
The Board may conduct its deliberations and shall vote on all
matters in public session at the meeting in which evidence is concluded.
If additional time for deliberation is necessary, the Board shall
reschedule the deliberations to a date within the allotted forty-five-day
time limit.
(3)
All matters shall be decided by a roll call vote. Decisions
on any matter before the Board shall require the affirmative vote
of those present and voting unless otherwise specified herein.
(4)
No member of the Board shall vote on any matter in which he
is personally or financially interested. Said member may be counted
by the Board in establishing the quorum for such matters.
(5)
No member of the Board shall vote on the adjudication of any
matter unless he has attended the public hearing thereon.
(6)
A tie vote shall be considered a rejection of the application
under consideration. However, if a person aggrieved has appealed the
grant of a permit or approval, a tie vote upholds the prior approval.
(7)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the next business day following its
date. To all other persons who have filed their name and address with
the Zoning Hearing Board not later than the last day of the hearing,
the Zoning Hearing Board shall provide, by mail or otherwise, brief
notice of the decision or findings and a statement of the place at
which the full decision or findings may be examined.
O.
Continuances. On its own motion, or by any party to the proceeding
or on approval of requests by applicant, appellants or their authorized
agents, the Board may provide for continuances of cases on which hearings
have begun. Such continuances shall be permitted only for good cause,
stated in the motion and, unless time and place is stated, shall require
new public notice, with fees paid by applicants or appellants if continuances
are at their request or result from their actions. A notice of the
place, date and time of the continued hearing shall also be posted
prominently at the municipal office where the hearing will be continued.
P.
Failure to hold hearing or render decision. Where the Board fails to render a decision within the period required, or fails to hold a hearing within the period required, the decision shall be deemed to have been rendered in favor of the applicant unless otherwise specified in the MPC. However, failure to act on a validity challenge results in a deemed denial. 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 deemed approval within 10 days from the last day it could have met to render a decision in the same manner as in Subsection N hereinabove.
A.
If the variance or special exception is granted or the issuance of
a permit is approved, or other action by the appellant is authorized,
the necessary permit shall be secured and the authorized action begun
within one year after the date when the variance or special exception
is finally granted, or the issuance of a permit is finally approved,
or the other action by the appellant is authorized, and the building
or alteration, as the case may be, shall be completed within two years
of said date. For good cause, the Zoning Hearing Board may, at any
time, upon application in writing, extend either of these deadlines.
B.
Should the appellant or applicant fail to obtain the necessary permits
within said one-year period, or having obtained the permit, should
he fail to commence work thereunder within such one-year period, it
shall be conclusively presumed that the appellant or applicant has
waived, withdrawn, or abandoned his appeal or his application, and
all provisions, variances and permits granted to him shall be deemed
automatically rescinded by the Zoning Hearing Board.
C.
Should the appellant or applicant commence construction or alteration
within said one-year period, but should he fail to complete such construction
or alteration within said two-year period, the Zoning Hearing Board
may, upon 10 days' notice in writing, rescind or revoke the granted
variance or special exception, or the issuance of the permit, or permits,
or the other action authorized to the appellant or applicant, if the
Zoning Hearing Board finds that no good cause appears for the failure
to complete within such two-year period, and if the Zoning Hearing
Board further finds that conditions have so altered or changed in
the interval since the granting of the variance, permit or action,
that revocation or rescission of the action is justified.
D.
As an alternative to the preceding, an applicant can request, as
part of the original application before the Zoning Hearing Board,
the granting of a timetable associated with the request which would
supersede the deadlines imposed. In so doing, the applicant must demonstrate
that the times requested are logically related to normal and expected
progress of the project. In approving a timetable under this section,
the Zoning Hearing Board must establish and bind a definite time frame
for: issuance of a zoning permit; and completion of construction of
the project.
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:
A.
The name and address of the applicant, or the appellant.
B.
The name and address of the owner of the zone lot to be affected
by such proposed change or appeal.
C.
A brief description and location of the zone lot to be affected by
such proposed change or appeal.
D.
A statement of the present zoning classification of the zone lot
in question, the improvements thereon and the present use thereof.
E.
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 reasons for this appeal.
F.
A description of the present improvements and the additions or changes
intended to be made under this application, indicating the size of
such proposed improvements, materials and general construction thereof.
In addition, there shall be attached a plot plan drawn to scale of
the real property to be affected, indicating the location and size
of the lot and size of improvements thereon and proposed to be erected
thereon.
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the Building Inspector certifies to the Board
after the notice of appeal shall have been filed, that by reason of
facts stated in the certificate stay would, in his opinion, cause
imminent peril to life or property, in which case, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board after notice to the Building Inspector or by the Court
of Common Pleas.
