The Zoning Officer, who shall be appointed by
Council, 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 of any use or change of use which does
not conform to this chapter.
B. Issue zoning permits and occupancy permits.
C. Maintain a permanent file with all zoning permits,
occupancy permits and applications as public records.
D. The Zoning Officer shall identify and register all
nonconforming uses and structures, together with the reason that the
use or structure is nonconforming. A zoning occupancy permit shall
then be issued to the owner of the said use or structure.
A zoning permit shall be obtained before any
person may:
A. Occupy or use any vacant land.
B. Change the use of a structure or land for a different
use.
C. Construct, reconstruct, move, alter or enlarge any
structure or building.
D. Change a nonconforming use.
E. Applications for the zoning permit shall be accompanied
by a plot plan showing clearly and completely the location, dimensions,
and nature of any structure involved, and such other information as
the Zoning Officer may require for administration of this chapter,
together with the filing fee in accordance with the schedule established
by resolution of Council.
A zoning occupancy permit shall be obtained
before any person may occupy or use any structure hereafter constructed,
reconstructed, moved, altered or enlarged.
The application for approval of a zoning permit
for the erection or expansion of a one-family house shall consist
of not fewer than three drawings of the proposed site plan together
with any documents that may be required for a grading permit. The
Zoning Officer shall approve such application if it meets all requirements
of this chapter within 30 days or disapprove the application for cause
within the same time period.
In case any building, structure or land is or
is proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, Council, in addition
to other remedies, may institute in the name of the borough any appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure or land or to prevent in or about such premises any act,
conduct, business or use constituting a violation.
Council may amend this chapter as proposed by
a member of Council, by the Planning Commission, or by a person residing
or owning property within the borough in accordance with the following
provisions:
A. Petitions for amendment shall be filled with the Planning
Commission at their regular monthly meeting and petitioner, upon such
filing, shall pay an advertising deposit and a filing fee in accordance
with the schedule fixed by resolution. The Planning Commission shall
review the proposed amendment and report its findings and recommendations,
in writing, to Council and to the petitioner. The proposed amendment
shall be introduced before Council only if a member of Council elects
to do so. If an amendment proposed by petition is not introduced,
the advertising deposit shall be refunded to the petitioner, otherwise,
such deposit shall be paid to the borough.
B. Any proposed amendment introduced by a member of Council
without written findings and recommendations from the Planning Commission
shall be referred to the Planning Commission for review at least 30
days prior to public hearing by the borough.
C. Before voting on the enactment of the amendment, Council
shall hold a public hearing thereon pursuant to public notice. If
after any public hearing held upon an amendment, the proposed amendment
is revised or further revised to include land previously not affected
by it, Council shall hold another public hearing pursuant to public
notice, before proceeding to vote on the amendment.
In accordance with law, Council shall appoint
and organize 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 witnesses, take testimony under oath and render decisions, in writing,
all as required by law. The Board shall have the functions, powers
and obligations specifically granted by law.
A. Variances. The 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 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 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.
B. Special exceptions. The Zoning Hearing Board shall
hear and decide requests for special exceptions enumerated in this
chapter. A special exception is issued for an exceptional use which
may be permitted within a particular zoning district if the Zoning
Hearing Board determines its availability. Such uses are made available
as a privilege, not as a right, assuming that the requisite facts
and conditions detailed in this chapter are found to exist. In granting
a special exception, the Zoning Hearing Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
C. 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 District Map or any valid rule or regulation governing the
action of the Zoning Officer. Appeals from decisions or interpretations
of the Zoning Officer may be made by landowners, developers or persons
aggrieved and may relate to such subject matter as to whether a zoning
permit or zoning occupancy permit should be issued or whether a stop-work
order should be issued.
D. Challenges to the validity of the ordinance. The Zoning
Hearing Board shall hear challenges to the validity of this chapter
or map raising substantive questions. Procedural questions or an alleged
defect in the process of enactment or adoption of any ordinance or
map shall be raised by an appeal taken directly from the action of
Council to the court.
E. 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 Zoning
Hearing 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 Zoning
Hearing 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 Zoning Hearing Board or by the court having
jurisdiction of appeals on petition after notice to the Zoning Officer
or other appropriate agency or body.
F. Hearings. The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
(1) Notice shall be given to the public, the applicant,
the Zoning Officer, such other persons as Council shall designate
by ordinance and to any person who has made timely request for the
same. Notices shall be given at such time and in such manner as shall
be prescribed by ordinance, or in the absence of ordinance, provision
by rules of the Zoning Hearing Board.
(2) The hearing shall be conducted by the Zoning Hearing
Board, or the Zoning Hearing Board may appoint any member or alternate
member as a Hearing Officer.
(3) The parties to the hearing shall be the borough, 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.
(4) The Chairman or Acting Chairman 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.
(5) 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.
(6) Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
(7) 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 a 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.
(8) The Zoning Hearing Board or Hearing Officer 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,
report, staff memoranda or other materials unless 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 which
any party or his representative unless all parties are given an opportunity
to be present.
(9) The Zoning Hearing 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 Zoning Hearing Board or Hearing
Officer. Where the Zoning Hearing Board fails to render the decision
within 45 days after the last hearing before the Zoning Hearing Board
or hearing officer or fails to hold the required hearing on the application
within 60 days from the date of the applicant's request for 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 Zoning Hearing Board to meet or render
a decision as hereinabove provided, the borough shall give public
notice of said decision within 10 days in the same manner as provided
above.
(10)
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 name and address with
the Zoning Hearing Board personally or by mail not later than the
day following its date.