A.
Terms of office. Pursuant to Article IX of the Pennsylvania Municipalities Planning Code, as amended, the Borough Council does hereby create a Zoning Hearing Board. The membership of the Board shall consist of three residents of the municipality appointed by the Borough Council. The terms of office of the three-member board shall be three years and shall be so fixed that the term of office of one of the members shall expire each year. The Zoning Hearing Board shall promptly notify the Borough Council of any vacancies which occur. Vacancies shall be filled by resolution of the Borough Council and shall be only for the unexpired term of the member affected. Members of the Zoning Hearing Board shall hold no other office in the municipality.
B.
Alternate members. The Borough Council may appoint by resolution at least one but no more than three residents of the municipality to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated in accordance with § 320-103 pursuant to the provisions of this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the 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 in this chapter and otherwise provided by law. Alternates shall hold no other office in the municipality, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to § 320-104 unless designated as a voting alternate member of the Zoning Hearing Board pursuant to § 320-103 of this chapter.
C.
Removal of members. Any member of the Zoning Hearing Board 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 a 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 and as such 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 the 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 of the Board as provided in § 320-105 of this chapter.
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 Zoning Hearing Board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the Borough and laws
of the Commonwealth of Pennsylvania. The Zoning Hearing Board shall
keep full public records of its business, which records shall be the
property of the Borough, and shall submit a report of its activities
to the Borough Council as requested by the Borough Council.
Within the limits of funds appropriated by the Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council. Alternate members of the Board may receive compensation, as may be fixed by the Borough Council, for the performance of their duties when designated as alternate members pursuant to § 320-103, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Borough Council.
[Amended 4-3-2012 by Ord.
No. 365]
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the provisions of the MPC.
A.
Referral to Adamstown Borough Planning Commission. Applications before
the Zoning Hearing Board shall be referred to the Adamstown Borough
Planning Commission at least 30 days prior to the hearing on such
application, to provide the Planning Commission an opportunity to
submit recommendations.
B.
Planning Commission review. Within 30 days of the Borough Planning
Commission's receipt of an application, the Borough Planning Commission
shall review said application together with all supporting information
and forward its written recommendations to the Zoning Hearing Board.
In its review, the Planning Commission shall take into consideration
the public health, safety and welfare, the comfort and convenience
of the public in general and of the residents of the immediate neighborhood
in particular, and may recommend appropriate conditions and safeguards
as may be required in order that the result of its action may, to
the maximum extent possible, further the expressed intent of this
chapter and the Borough's Comprehensive Plan. The Commission may recommend
approval, disapproval or modification. In the case of disapproval
or modification, the Commission shall set forth the reasons for the
recommendation in writing, and a representative of the Planning Commission
shall attend the Zoning Hearing to present the position of the Planning
Commission.
A.
Zoning Hearing Board's jurisdiction. The Zoning Hearing Board shall
have exclusive jurisdiction to hear and render final adjudications
as delineated in the MPC.
B.
Borough Council's jurisdiction. The Borough Council shall have exclusive
jurisdiction to hear and render final adjudications as delineated
in the MPC.
A.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Zoning Hearing Board may grant a variance, provided that
all of the following findings are made where 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 neighborhood or 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
the 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; and
(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.
B.
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 the Municipalities Planning Code.
The Zoning Hearing Board shall hear and decide requests for
special exceptions in accordance with the standards and criteria set
forth in this chapter. In granting a special exception, the Zoning
Hearing Board may attach such reasonable conditions and safeguards,
in addition to those expressed in this chapter, as it may deem necessary
to implement the purposes of this chapter and of the Pennsylvania
Municipalities Planning Code.
The Borough Council shall hear and decide petitions for conditional
uses specifically authorized in this chapter. Decisions to grant or
deny the petition shall be subject to the following.
A.
General criteria.
(1)
The proposed use shall be consistent with the purpose and intent
of the chapter and shall be a use specifically permitted as a conditional
use;
B.
Conditional use application. A conditional use application must include all the plan requirements listed in § 320-57 of this chapter.
C.
Conditions. The Borough Council in approving conditional use applications
may attach reasonable 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 shall constitute
a violation of this chapter and be subject to the penalties described
in this chapter.
D.
Hearing procedures. Hearings shall be conducted in accordance with
the requirements of the MPC.
A.
The granting or approval of a special exception or variance by the
Zoning Hearing Board or a conditional use by the Borough Council shall
be valid only for the petitioner and the property specified in the
petition. Alterations or changes to the use or building authorized
by the Zoning Hearing Board, or the Borough Council in the case of
a conditional use, shall require reapplication to the Board (or to
the Borough Council in the case of a conditional use). If a special
exception, variance or conditional use is granted, the necessary permit
shall be secured within one year after the date when such approval
is finally granted, provided that, if the necessary permit is not
secured within the aforesaid time period due to reasons beyond the
applicant's control (such as ongoing appeals), failure of governmental
bodies other than the Borough to issue permits which are a condition
precedent to the issuance of the permit, or the failure of the Borough
or its agencies to proceed diligently and in good faith in the consideration
of the permit application, the one-year period shall not apply. The
Board, or the Borough Council in the case of a conditional use, upon
written application for and reasonable cause shown, may extend the
approval for an additional period of one year. If the special exception,
variance or conditional use has not been implemented within the required
time period, including approved extensions thereof, from the date
of the Zoning Hearing Board (or the Borough Council in the case of
a conditional use) approval, said approval shall expire and become
null and void.
B.
The Zoning Hearing Board may revoke approval of a variance or special
exception, and the Borough Council may revoke approval of a conditional
use, where:
(1)
The petitioner repeatedly violates conditions or safeguards
specified in the Zoning Hearing Board's (or Borough Council's) decision;
or
(2)
The petitioner initiates use or construction contrary to the
Zoning Hearing Board's (or Borough Council's) decision; or
(3)
The petitioner is found to have misrepresented or falsified
information pertinent to the Zoning Hearing Board's (or Borough Council's)
decision; or
(4)
The Zoning Hearing Board's (or Borough Council's) decision was
in error, and the revocation is instituted within 30 days of the original
decision or prior to substantial reliance thereon by the petitioner.
C.
Violation of the conditions or safeguards for a use or construction contrary to that specified by the Zoning Hearing Board's (or Borough Council's) decision shall be deemed a violation of this chapter, punishable under Article XIII of this chapter. Revocation of the Zoning Hearing Board's (or Borough Council's) approval shall not preclude the Zoning Officer from instituting civil enforcement procedures or the Borough from proceeding in a court of law or equity to prevent or remedy violations of this chapter.
Appeals may be filed in accordance with the procedures defined
in the MPC.
