The Zoning Hearing Board existing at the time of adoption of this chapter shall continue under and in accordance with the terms of office as previously appointed. Matters pending before the Board at the time of effectiveness of this chapter shall continue and be completed under the previous Zoning Ordinance in effect at the time the Board took jurisdiction.
[As amended by Ord. 859, 4/19/2006]
Effective June 21, 2006, the Zoning Hearing Board shall consist of five residents of the Borough of Stroudsburg appointed by 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 Board shall hold no other elected or appointed office in the Borough. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant.
Any 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, 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.
1. 
Officers. The Board shall elect a Chairman from its membership and appoint a secretary, who shall serve annual terms as such and may succeed themselves. The Board shall prescribe rules for the conduct of its officers. These rules shall be in accordance with this chapter, and all applicable state statutes.
2. 
Quorum. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but where two members are disqualified to act in a particular matter, the remaining member may act for the Board.
3. 
Public Hearings. The Zoning Hearing Board shall conduct public hearings and make decisions in accordance with the following requirements:
A. 
Upon receipt by the Zoning Officer of an application for a special exception, variance, interpretation, appeal from alleged error of the Zoning Officer, challenge to the validity of the chapter or unified appeal, the Board shall hold a hearing within 45 days.
B. 
Publish a public notice, once each week for two successive weeks, in a newspaper of general circulation in the Borough. The first publication of such notice shall be not more than 30 days nor less than 14 days from the date of the hearing and shall state the time and place of the hearing and the particular nature of the matter to be considered. Notice of the hearing shall also be conspicuously posted on the affected tract of land.
C. 
Notify the applicant, the Zoning Officer and adjoining property owners including those across the street and any other persons or groups requesting to be so notified.
D. 
In any matter which relates to a property which lies within 500 feet of the boundary of another municipality, the Secretary of the Board shall transmit to the municipal clerk of this other municipality a copy of the official notice of the public hearing on such matters, not later than seven days after publication thereof. The other municipality shall have the right to appear and to be heard at the public hearing.
E. 
All hearings shall be open to the public and shall be held at the call of the Chairman and at such other times as the Board shall specify in its rules of procedure. The Chairman, or in his absence, the Acting Chairman, shall have the power to administer oaths and compel the attendance of witnesses.
F. 
All appeals and applications made to the Board shall be in writing, and on a form prescribed by the Board.
G. 
The Board shall not communicate, directly or indirectly, with any party or his representative 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 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 the opportunity to be present.
H. 
The Board 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.
I. 
The Board 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. 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 act 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. Where the Board fails to render the decision within 45 days after the conclusion of the hearing, or fails to hold the required hearing within 45 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing 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 as hereinabove provided, the municipality shall give notice of said decision within 10 days in the same manner as provided in Subsection 3above.
J. 
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 day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, a 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.
K. 
The Board shall keep a record of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the members and the final decisions of each case. Each decision of the Board shall bear the signature of the Chairman or Acting Chairman on the original thereof. These proceedings shall become public record and the Board shall submit a report of its activities to the Borough Council once a year.
The Zoning Hearing Board shall be authorized to perform five major functions: 1) hear and act on appeals from the Borough Zoning Officer; 2) hear and act on requests for special exceptions; 3) hear and act on requests for variances; 4) hear and act on challenges to the validity of this chapter; and 5) hear and act upon unified appeals.
1. 
Appeal from the Zoning Officer. Upon appeal from a decision by the Zoning Officer, the Board shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line if uncertainty exists with respect thereto; where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter.
2. 
Special Exception. The Board shall have the power to approve special exceptions for any of the uses for which this chapter requires the obtaining of such exceptions and for no other use or purpose. In granting a special exception, the Board shall make findings of fact, consistent with the provisions of this chapter. The Board shall grant a special exception only if it finds adequate evidence that the proposed use meets the special requirements and standards listed for the proposed use. The Board shall, among other things, require that any proposed use and location be:
A. 
In accordance with the Community Development Objectives and consistent with the spirit, purposes and intent of this chapter;
B. 
In the best interests of the Borough, the convenience of the community, the public welfare and be an improvement to property in the immediate vicinity;
C. 
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;
D. 
In conformance with all applicable requirements of this chapter;
E. 
Suitable in terms of permitting the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools;
F. 
Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will substantially secure the objectives of this chapter.
3. 
Variances. Upon appeal from a decision by the Zoning Officer, the Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions whereby such strict applications would result in practical difficulty and unnecessary hardship depriving the owner of the reasonable use of land or building involved but in no other case. In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
No variance in the strict application of the provisions of this chapter shall be granted by the Board unless the Board finds that all the below requirements and standards are satisfied:
A. 
That the granting of the variance shall be in harmony with the general purpose and intent of this chapter, and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
B. 
That the granting of the variance will not permit the establishment within a district of any use which is not permitted in that district.
C. 
There must be proof of unique circumstances: there are special circumstances or conditions, fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
D. 
There must be proof of unnecessary hardship: if the hardship is general, that is, shared by neighboring property, relief can be properly obtained by legislative action or by court review of an attack on the validity of the chapter.
E. 
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose. It is not sufficient proof of hardship to show that greater profit would result if the variance were awarded.
Furthermore, hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions and it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered. The Board may prescribe any safeguard that it deems to be necessary to secure substantially the objectives of the regulation or provisions to which the variance applies.
4. 
Challenges to the Validity of this chapter. The Board shall hear challenges to the validity of this chapter from persons aggrieved by a use or development permitted on the land of another person by this chapter or by any provision of this chapter. In all such challenges, the Board shall take evidence and make a record thereon as provided for in § 27-1304. 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.
5. 
Unified Appeals. When the Board has jurisdiction over zoning matters pursuant to Subsections 1, 3 and 4 above of this section, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any ordinance or requirement pertaining to the same development plan or development. In any such 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 § 27-1304. 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.
All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity of this chapter, the use for which a special exception is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Applications and appeals together with the required filing fee, as established by resolution of the Borough Council, shall be submitted to the Secretary of the Zoning Hearing Board.
1. 
Parties Appellant Before the Zoning Board. Appeals under § 27-1305, Subsection 1, and proceedings to challenge the chapter under § 27-1305, Subsection 1, may be filed with the Board in writing by any officer or agency of the Borough or any person aggrieved. Requests for a variance under and for special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner.
2. 
Time Limitations. No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by the 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 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.
3. 
Stay of Proceedings. Upon filing of any proceeding referred to in § 27-1306, Subsection 1, 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 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.
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.
4. 
Court Appeals. Any person aggrieved by any decision of the Zoning Hearing Board or any taxpayer or the Borough Council may, within 30 days after such decision of the Board, appeal the Court of Common Pleas of Monroe County, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality.