A.
Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Borough of Media shall be appointed by the Borough Council and shall be authorized to administer all procedures charged to such Boards in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this article, the term "Board" shall refer to the Zoning Hearing Board, and the term "Planning Code" shall refer to the Pennsylvania Municipalities Planning Code.
B.
Membership of the Board.
[Amended 2-20-2003 by Ord. No. 968]
(1)
The Board shall consist of either three or five residents
of the Borough appointed by resolution by the Borough Council. The
terms of office of a three-member Board shall be three years and shall
be so fixed that the term of office of one member shall expire each
year. The terms of office of a five-member Board shall be five years
and shall be so fixed that the term of office of one member of a five-member
Board shall expire each year. If a three-member Board is changed to
a five-member Board, the members of the existing three-member Board
shall continue in office until their term of office would expire under
prior law. The Borough shall appoint two additional members to the
Board with terms scheduled to expire in accordance with the provisions
of this section. 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. Members of the Board shall
hold no other elected or appointed office in the Borough.
(2)
The Borough may appoint by resolution at least one
but no more than three residents of the Borough to serve as alternate
members of the Board. The term of office of an alternate member shall
be three years. When seated pursuant to the provisions of Section
906 of the Municipalities Planning Code,[1] 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 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 act and as otherwise provided
by law. Alternates shall hold no other appointed or elected office
in the Borough, 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 Section 907 of the Municipalities
Planning Code[2] unless designated as a voting alternate member pursuant
to Section 906 of the Municipalities Planning Code.
C.
Removal of members. Any member may be removed for
malfeasance, misfeasance or nonfeasance in office or for other just
cause by a majority rule of Borough Council, taken after the member
has received 15 days' advance written notice of the intent to take
such a vote. A hearing shall be held in connection with the vote if
the member requests it in writing.
D.
Organization of the Board.
(1)
The 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 the majority of all members of the Board, but
where a majority of members are disqualified to act in a particular
matter, the remaining member may act for the Board. As provided for
in the Planning Code, 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 by the Board, as provided in Section 908
of the Planning Code.
(2)
The Board shall adopt rules and forms for its procedure
in accordance with the provisions of this chapter. Meetings of the
Board shall be held at the call of the Chairman and at such other
times as the Board may determine. Such Chairman or, in his absence,
the acting Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board shall be open to the public.
(3)
The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing
to vote indicate such fact, and shall keep records of its examination
and other official actions, all of which shall be immediately filed
in the Office of the Borough Secretary and shall be a public record.
(4)
The Board shall submit a report of its activities
to the Borough Council once a year.
E.
Expenditures for services. Within the limits of funds
appropriated by the Borough Council, the Board may employ or contract
for secretaries, clerks, legal counsel, consultants and other technical
and clerical services. Members of the 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 members of the Borough Council.
A.
Appeals from the Code Enforcement Officer. The Board
shall hear and decide appeals where it is alleged that the Borough
Code Enforcement Officer has failed to follow prescribed procedures
or has misinterpreted or misapplied any provision of this chapter
or the Zoning Map, or any valid rule or regulation governing the action
of the Code Enforcement Officer.
B.
Applications. Applications for variances or special
exceptions shall include as a minimum the following information:
C.
Variances. The Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship on the applicant. In granting a variance the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of the Planning Code and this chapter.
D.
Special exception. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth in § 311-109 below. The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this chapter.
E.
Challenge to the validity of chapter or map. The Board
shall conduct hearings and make decisions and findings in connection
with challenges to the validity of any provision of the Zoning Chapter
as authorized by Section 910 of the Planning Code.
Requirements and procedures. The Board shall
conduct hearings and make decisions in accordance with the following
requirements:
A.
Upon the filing with the Board of an appeal, an application for a special exception, a variance from the terms of this chapter or a challenge, the Board shall fix a time and place for a public hearing thereon, subject to the provisions of the Planning Code, and shall give notice thereof in accordance with § 311-107 of this chapter.
B.
The Board may establish reasonable fees, based on
cost, to be paid by the applicant and by persons requesting any notice
not required by this chapter.
C.
The parties to the hearing shall be the Borough, 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.
D.
The Chairman or acting Chairman of the 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.
E.
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and to cross-examine adverse witnesses on all relevant issues.
At the hearings, any party may appear in person, or by agent, or by
attorney.
F.
The Board or the hearing officer 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 unless the parties are
afforded an opportunity to contest the material so noticed; and shall
not inspect the site or its surroundings with any party or his representatives
unless all parties are given an opportunity to be present.
Notice of hearing. In any case where the Board
shall hold a public hearing, the Board shall, at the minimum, give
notice of such hearing as follows, which notice shall state the time
and the place of the hearing and the particular nature of the matter
to be considered at the hearing:
A.
By publishing a notice thereof once each week for
two successive weeks in a newspaper of general circulation in the
Borough, provided that the first publication shall be not more than
30 or less than 14 days from the date of the hearing.
B.
By mailing or delivering due notice thereof to the
applicant and other parties in interest, who shall be at least those
persons whose properties adjoin the property in question, or be within
a two-hundred-foot radius of the property in question.
C.
By mailing or delivering notice thereof to Borough
Council, the Borough Secretary and the Code Enforcement Officer.
D.
By conspicuously posting notice of said hearing on
the affected tract of land.
A.
The following requirements shall be observed in the
reporting of decisions of the Board:
(1)
The 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 Board or hearing officer, subject to the
requirements of the Planning Code. Where the Board has power to render
a decision and the Board or the hearing officer, as the case may be,
fails to render the same within the period required by the Planning
Code, 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.
(2)
A copy of the final decision, where such decision
is called for, shall be delivered to the applicant personally or mailed
to him not later than the day following its decision date. To all
other persons who have filed their name and address with the Board
not later than the last day of the hearing, the Board shall provide
by mail or otherwise, a brief notice of the decision or findings and
a statement of the place to which the full decision or findings may
be examined.
B.
Decision of the Board shall, include the following
elements:
(1)
Findings of fact, including a brief summary of relevant
testimony and information entered during the proceedings of the Board.
(2)
Citation by quotation or by reference to the specific
sections of the local ordinances and/or the Planning Code, which are
relevant to the case in question.
(3)
Conclusions of the Board, enumerating the reasons
why such conclusions are deemed appropriate in light of the facts
found.
(4)
Ruling of the Board, indicating in writing any stipulations
or conditions attached to the ruling.
In any instance where the Zoning Hearing Board
is required to consider a variance or special exception, the Board
shall, among other things, consider the following standards:
A.
Planning Code criteria for variances.
(1)
The Board shall hear requests for variances where
it is alleged that the provisions of the chapter inflict unnecessary
hardship on the applicant.
(2)
A variance from the terms of this chapter shall not
be granted by the Board unless and until a written application for
a variance is submitted by the applicant who shall have the burden
of establishing:
(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 the zoning 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 the zoning chapter and
that the authorization of the variance is therefore necessary to enable
the reasonable use of the property.
(c)
That such unnecessary hardship has not been
created by the applicant.
(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.
(3)
In granting any variance, the Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of the Planning Code and this chapter.
B.
Standards for review of special exceptions.
(1)
In any instance where the Board is required to consider
a request for a special exception, the Board shall consider the following
factors where appropriate:
(a)
That the proposed use is appropriate for the
site in question in terms of size, topography, natural features, drainage,
sewage disposal, water supply, accessibility, and availability of
public services, and that adequate provisions will be made to protect
sensitive environmental features such as streams, lakes, wetlands,
slopes and mature trees.
(b)
That the proposed use is compatible with the
character of the surrounding neighborhood and will not interfere with
or detract from legitimate uses and adjacent properties, and that
adequate measures will be provided through building design, site layout,
landscaping, planting and operational controls to minimize any adverse
impacts caused by noise, lights, glare, odors, smoke, fumes, traffic,
parking, loading and signing.
(c)
That the proposed special exception will serve
the best interest of the Borough, the convenience of the community,
and the public health, safety and welfare.
(d)
That the proposed use is consistent with the
Media Borough Comprehensive Plan.
(e)
That the proposed use promotes orderly development,
proper population density, and the provision of adequate community
facilities and services, including police and fire protection.
(f)
That the proposed use is suitable in terms of
its effect on highway safety and traffic circulation, and that access,
on-site circulation and parking are adequate in view of anticipated
traffic.
(2)
In cases where uses permitted by special exception
are not accompanied by standards for such uses, the following standards
shall apply:
(a)
In residential districts, the area and bulk
regulations shall be not less than those for single-family detached
dwellings in the applicable residential district.
(b)
In nonresidential districts, the area and bulk
regulations shall be not less than those for the use which requires
the greatest dimensions in the applicable nonresidential districts.
(c)
The Zoning Hearing Board may require more stringent but reasonable dimensional standards than those listed in Subsection B(2)(a) and (b) above, provided that the Board makes one or more of the following three determinations:
[2]
That the required standards are clearly insufficient to provide adequate area for parking and loading, as required by Article XIII, and that larger dimensional requirements would substantially alleviate that condition.
[3]
That the required standards are clearly insufficient
in providing for lot areas and dimensions necessary to protect the
adjacent area from the potential adverse impacts of the proposed use,
such as noise, vibration, air pollution and similar impacts, and that
larger dimensional requirements would substantially alleviate that
condition.
(3)
Financial hardship shall not be construed as a basis
for granting special exceptions.
(4)
In granting any special exception, the Board may attach
reasonable conditions and safeguards in addition to those expressed
in this chapter as it may deem necessary to implement the purposes
of the Planning Code and the chapter, which conditions and safeguards
may relate to, but not be limited to, screening, lighting, noise,
safety, aesthetics and the minimization of noxious, offensive or hazardous
elements. Each special exception shall be clearly authorized by a
provision in this chapter and shall comply with the more specific
standards relating to such special exception contained in sections
of this chapter relating to uses by special exception.
A.
For variances. An applicant for a variance shall have
the burden of establishing both:
B.
For special exceptions. An applicant for a special
exception shall have the burden of establishing both:
C.
Evaluation of the impact of an application on the
public interest. In determining whether the allowance of a special
exception or variance is contrary to the public interest, the Board
shall consider whether the application, if granted, will:
(1)
Adversely affect the public health, safety and welfare
due to changes in traffic conditions, drainage, air quality, noise
levels, neighborhood property values, natural features and neighborhood
aesthetic characteristics.
(2)
Be in accordance with the Media Borough Comprehensive
Plan.
(4)
Adversely affect the logical, efficient and economical
extension or provision of public services and facilities such as public
water, sewers, refuse collection, police, fire protection and public
schools.
(5)
Otherwise adversely affect the public health, safety
or welfare.
Unless otherwise specified by the Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit within six months from the date of authorization
thereof.
A.
Appeals before the Zoning Hearing Board and to Court. All appeals, applications or challenges which properly come before the Board in accordance with the requirements of the Planning Code, and all appeals to Court shall be subject to the time limitations and requirements of Article X and any other applicable provision of said Code. The proceedings set forth in Article X of the Planning Code shall constitute the exclusive mode for securing review of any ordinance, decision, determination or order of Borough Council, its agencies or officers. Appeal to Court shall be taken to the Court of Common Pleas of Delaware County.
B.
Parties appellant before Zoning Hearing Board. Appeals
under Section 909 of the Planning Code and proceedings to challenge
an ordinance under Section 910 may be filed with the Board in writing
by the landowner affected, any office or agency of the Borough, or
person aggrieved. Request for a variance under Section 912 and for
a special exception under Section 913 may be filed with the Board
by any landowner or any tenant with the permission of such landowner.
C.
Time limitations. No persons shall be allowed to file
any proceedings 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 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.
Unified appeals. The Board shall hear unified appeals
relating to any Borough ordinance which are brought before the Board
in conjunction with a zoning matter over which the Board has jurisdiction
in accordance with the requirements of Section 913.1 of the Planning
Code.
E.
Stay of proceedings. Upon filing of any proceeding
referred to in Section 914 of the Planning Code and during its pendency
before the Board, all land development pursuant to any challenged
ordinance, order or approval of the Code Enforcement Officer or of
any agency or body, and all official action thereunder shall be stayed
unless the Code Enforcement 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 of the Code Enforcement
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 over zoning appeals to order such persons
to post bond as a condition to continuing the proceedings before the
Board. The question of whether or not such petition should be granted
and the amount of the bond shall be within the sound discretion of
the Court, as prescribed in Section 916 of the Planning Code.
