A Zoning Hearing Board is established in order that the objectives
of this chapter may be fully and equitably achieved.
A.
The Montgomery Borough Zoning Hearing Board shall consist of three
members, appointed by the Borough. The terms of office of each member
shall be three years, so fixed that the term of office of one member
shall expire each year. Members of the Board shall hold no other office
in the Borough.
B.
The Board shall elect a Chairman, Vice Chairman and Secretary from
its membership who shall serve annual terms and may succeed themselves.
The Board shall promptly notify the Borough of any vacancies which
occur. Appointments to fill vacancies shall be only for the unexpired
portion of the term.
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 a vote. A public hearing
shall be held in connection with the vote if the member shall request
it in writing.
Any person aggrieved by a decision of the Codes Enforcement
Officer shall have the right to appeal to the Zoning Hearing Board
within 30 days of such decision, specifying the grounds thereof, and
including the following:
A.
The name and address of the applicant or appellant;
B.
The name and address of the owner of the zoning lot to be affected;
C.
A brief description and location of the zoning lot to be affected;
D.
A statement of the present zoning classification of the zoning 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; and
F.
A description of the present improvements and the additions or changes
intended to be made under this application, indicating the size, material
and general construction thereof. In addition, there shall be attached
a plot plan of the property.
Where unnecessary hardship exists resulting from the strict
interpretation of this chapter, the Board may grant a variance. In
considering any appeal for a variance, the Board shall pursue the
following procedure.
A.
Upon appeal from a decision by the Codes Enforcement Officer, the
Board shall hear requests for variances where it is alleged that the
provisions of this chapter inflict unnecessary hardship on the applicant.
The Board shall prescribe the form of application and require preliminary
application to the Codes Enforcement Officer.
B.
The Board's decision to grant a permit for a variance shall be made
only after public notice and hearing. Such permit shall apply specifically
to the appeal and plans submitted and presented at said public hearing.
Any subsequent amendments or additions shall be subject to additional
review and public hearing by the Zoning Hearing Board.
C.
The Board may thereafter grant a variance authorizing the Codes Enforcement
Officer to issue a zoning permit, provided the following:
(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 created by the provisions
of this chapter;
(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 the variance is
necessary for reasonable use of the property;
(3)
That such unnecessary hardship had not been created by the appellant;
(4)
That the variance, if authorized, will not alter the essential
character of the neighborhood in which the property is located, nor
substantially impair the appropriate use of adjacent property, nor
be detrimental to the public welfare;
(5)
That the variance, if authorized, will represent the minimum
variance which will afford relief and the least modification possible
of the regulation in issue.
D.
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.
In this chapter, special exceptions may be granted or denied
by the Board pursuant to standards contained elsewhere in this chapter
and general provisions as follows:
A.
The Board's decision to grant a permit for special exception use
shall be made only after public notice and hearing.
B.
No application for a permit shall be granted by the Zoning Hearing
Board for any special exception use until it has first received and
considered an advisory report from the Planning Commission. The Planning
Commission shall have 30 days from the date of its receipt of the
application within which to file its report. In the event that it
fails to file its report within 30 days, such application shall be
deemed to have been approved by the Commission. The Commission may
have representation at the public hearing held by the Zoning Hearing
Board.
C.
The Zoning Hearing Board may authorize the Codes Enforcement Officer
to issue a zoning permit if the use meets all standards and requirements
contained in this chapter and the following provisions:
D.
In granting a special exception, the Zoning Hearing Board may attach
whatever reasonable conditions and safeguards it deems necessary to
insure that the proposed development will secure the purposes of this
chapter.
E.
A special exception expires if the applicant fails to obtain a building
permit or use certificate within six months following the date of
the grant of the special exception or fails to complete the work in
the two years following the issuance of a building permit. In cases
where a permit must be preceded by Borough approval of a subdivision
or land development plan, the special exception expires if:
(1)
The applicant fails to file a preliminary subdivision or land
development plan meeting applicable requirements within six months
following the grant of the special exception; or
(2)
The applicant fails to file a final subdivision or land development
plan within six months following the date of the approval by the Borough
of the preliminary plan; or
(3)
The applicant fails to obtain a building permit or use certificate
within six months following the date of the approval by the Borough
of the final plan; or
(4)
The applicant fails to complete the work within two years of
the issuance of the building permit.
Except for procedural questions regarding the process of enactment
of any ordinance or its amendment or for appeal for a curative amendment,
the Board shall hear all challenges to the validity of this chapter.
A.
The Codes Enforcement Officer may grant a hardship permit to place
a mobile home or other residential unit on a lot where the same would
not otherwise be permitted by the terms of this chapter to house a
member of the family of the owner of the tract on which the mobile
home or other residential unit is to be placed. No rent shall be received
for such use.
B.
The hardship permit may be issued for such period of time as the
Codes Enforcement Officer deems appropriate and as the conditions
warranting the permit continue. Such permit shall be issued only upon
the finding that there is a genuine physical or medical hardship that
can be satisfied, supported by medical or other documentation.
C.
Upon the expiration of the period of time established by the Codes
Enforcement Officer, or when the conditions warranting the hardship
no longer exist, the mobile home or other temporary residential unit
shall be removed.
Appeals from a decision of the Codes Enforcement Officer and
proceedings to challenge the validity of this chapter may be filed
with the Board, in writing, by any officer or agency of the Borough
or any person aggrieved. Requests for a variance or special exception,
however, must be filed with the Board by an affected landowner or
any authorized agent of such landowner.
A.
The Board shall conduct hearings on any interpretation, variance,
special exception, challenge or other matter requiring the Board's
decision or other official action.
B.
Upon the filing with the Zoning Hearing Board of an appeal or application,
the Board shall fix a reasonable time, not to exceed 60 days, and
place for a public hearing thereon and give notice as follows:
(1)
Publish public notice in accordance with Borough requirements.
(2)
Post in a conspicuous place on the property involved a notice
of pending action at least 15 days prior to the public hearing.
(3)
Give written notice to interested parties who shall be at least
those persons whose properties adjoin or are across the street.
The Board shall prescribe rules for the conduct of its meetings.
Meetings shall be held at the call of the Chairman and at such other
times as the Board may specify. Meetings shall be open to the public.
A quorum of two members shall be required for the Board to take action.
A.
The Board 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.
B.
The Board shall keep full public records of its business and shall
submit a report of its activities to the Borough Council once a year.
C.
The Board shall render a written decision or make written findings
on the application within 45 days. Each decision shall be accompanied
by findings of fact, conclusions, and reasons.
Any person aggrieved by any decision of the Zoning Hearing Board
may, within 30 days after such decision, appeal to the Court of Common
Pleas of Lycoming County, Pennsylvania, by petition duly verified,
setting forth that such decision is arbitrary, capricious, an abuse
of discretion or otherwise not in accordance with law and specify
the grounds on which he relies.
A.
At the time of making an appeal to the Zoning Hearing Board or the
Borough Council, each appellant or applicant shall submit a deposit
to the Borough in accordance with a fee schedule adopted by resolution
of the Borough Council. The deposit is established to reimburse the
Borough for all reasonable advertising, stenographic, engineering
or planning services incurred by the Borough.
B.
Upon completion of the hearing, the appellant or applicant shall
be billed for expenses in excess of the deposit and shall promptly
pay such excess amount. Upon completion of the hearing, the appellant
or applicant shall be reimbursed that amount of the deposit not expended.
