A.
Zoning Officer. It shall be the duty of the Zoning
Officer, to be appointed by the Borough Council, to enforce the provisions
of this chapter. The Zoning Officer shall examine all applications
for permits and shall issue or refuse permits within 30 days of receipt
of the application or, where applicable, refer said application to
the governing body. The Zoning Officer shall record and file all applications
for permits with accompanying plans and documents, and shall file
reports rendered, certificates issued, inspections made and notices
or orders issued and shall identify and register nonconforming uses
and structures when application is made of such certification or registration
and shall make such other reports as Borough Council may require.
[Amended 6-5-2007 by Ord. No. 289]
B.
Conditional uses and special exceptions and variances.
Permits for construction and uses which are conditional uses shall
be issued only upon written order of the Borough Council. Permits
for construction and uses which are a special exception or a variance
to requirements of this chapter shall be issued only upon written
order of the Zoning Hearing Board.
A.
Requirements of permits. A building and/or zoning
permit shall be required prior to the erection, addition or alteration
or demolition of any building or structure or any accessory building
or structure or portion thereof or regulated sign; prior to the use
or change in use of a building or land; and prior to the change or
extension of a nonconforming use. It shall be unlawful for any person
to commence work for the erection or alteration or demolition of any
building or for a change in land use until a permit has been duly
issued therefor. No zoning permit shall be required in cases of normal
maintenance activities, minor repairs or alterations which do not
structurally change a building or structure.
[Amended 10-2-2007 by Ord. No. 294]
B.
Applications for permits.
(1)
All applications for permits shall be accompanied
by plot sketch in duplicate, drawn to show the actual shape and dimensions
of the lot to be built upon, the exact size and location of any buildings
existing on the lot, the lines within which the proposed building
or structure shall be erected or altered, the existing and intended
use of each building or part of a building, the number of families
or dwelling units the building is designed to accommodate and such
other information deemed necessary by the borough to determine compliance
with this chapter and all other pertinent ordinances.
(2)
The Zoning Officer, Planning Commission, Borough Council
or the Zoning Hearing Board, as the case may be, may require the applicant
to provide a current survey map of his property to confirm compliance
with lot size, lot width, setbacks or any other requirement of this
chapter.
(3)
Applications for variances, special exceptions and
conditional uses shall include the Tax Map number of the project parcel
and a list of property owners located within two hundred (200) feet
of the project parcel. All applications with accompanying plans and
documents shall become a public record after a permit is issued or
denied.
C.
Subdivision approval. Applications for uses which
also necessitate approvals under the Borough Subdivision Ordinance[1] shall be processed in the manner provided for plat approval under that ordinance. Such applications shall also contain all information or data normally required for a submission under the Subdivision Ordinance. A zoning permit shall not be issued until the proposed use has been granted a preliminary approval under the Subdivision Ordinance. However, no building or property shall be occupied or used until final subdivision approval has been granted and a certificate of use has been properly issued pursuant to § 124-41 of this chapter.
D.
Issuance of permits. No permit shall be issued until
the Zoning Officer has certified that the proposed use, building,
addition or alteration complies with all the provisions of this chapter
as well as with all the provisions of other applicable regulations.
Once issued, a zoning permit shall be valid for a period of one (1)
year. If after one (1) year from permit issuance the use, structure
or building authorized by said permit has not been established or
erected, said permit shall expire and a new permit shall be required.
E.
Temporary permit. A temporary permit may be authorized
by the Borough Council for a nonconforming structure or use which
it deems necessary to promote the proper development of the community,
provided that such nonconforming structure or use shall be completely
removed upon expiration of the permit for a specified period of time
not to exceed one (1) year and may be renewed annually for an aggregate
period not exceeding three (3) years.
F.
Zoning permits for temporary uses and structures.
[Added 6-6-2006 by Ord. No. 285]
(1)
A Zoning Permit for a temporary use or structure may
be issued by the Borough Zoning Officer for any of the following:
(a)
A temporary permit may be issued for customary,
routine and accessory short-term temporary use and structure, provided
that:
[1]
Only a well-established nonprofit organization,
fire company or a permitted place of worship proposing a temporary
use to clearly primarily serve a charitable, public service or religious
purpose or existing retail businesses shall be eligible to receive
approval for commercial-type activities in a district where a commercial
use would not otherwise be permitted;
[2]
Such total temporary uses and structures shall
be limited to a maximum of 12 total days per calendar year for all
activities;
[3]
The applicant shall prove to the Zoning Officer
that sufficient parking and traffic control will be available for
the temporary use and structure, without obstructing parking that
is required to serve other uses on the site; and
[4]
The applicant shall have written consent of
the owner of the property where the temporary use and structure is
to be held, if not owned by the applicant. Such written consent shall
be submitted to the Zoning Officer as part of the zoning permit package.
(b)
A temporary permit may be issued for temporary
storage and office trailers that are necessary to serve on-site construction
while such construction is actively underway under a valid Borough
permit.
(2)
Time period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit. If no time limit is stated, then
a twelve-day maximum period shall apply. In no case shall the Zoning
Officer exceed the twelve-day limit annually for any applicant, use
or location.
[Amended 7-7-2009 by Ord.
No. 308]
(3)
Temporary retail sales. Except as provided in Subsection F(1)(a)[1] above, and except for agricultural sales allowed by the State Right to Farm Act,[2] a lot shall only be used for temporary retail sales if
all of the following conditions are met:
(a)
The property shall be located within a zoning
district that allows retail sales.
(b)
The operator shall have received any business
permits required by the Borough. The operator may be a different entity
than the operator of another business on the lot.
(c)
No off-street parking spaces shall be obstructed
that are required to serve permanent uses on the lot.
(d)
Any signs advertising a temporary use and structure shall comply with § 124-17I, Temporary signs.
(e)
If food or beverages are sold that are not prepackaged,
the applicant shall prove compliance with the state health regulations,
including having on-site facilities for workers to wash their hands.
Proper bathroom facilities shall also be available for workers.
(f)
Any structure shall meet applicable minimum
setbacks.
(h)
The application may be rejected if the Zoning
Officer has reason to believe that the activity would obstruct safe
sight distances.
(i)
The applicant shall have written consent of
the owner of the property where the temporary retail sales will be
held, if the property is not owned by the applicant. Such written
consent shall be submitted to the Zoning Officer as part of the zoning
permit package.
[2]
Editor's Note: See 3 P.S. § 951
et seq.
G.
Demolition permit. A demolition permit shall be required
by the Zoning Officer for removal of existing structure(s). The Zoning
Officer will set a time limit for how long debris can remain on the
site. A dumpster with a maximum volume of 30 cubic yards of debris
may remain on site within the allotted time limit, unless otherwise
authorized by the Zoning Officer. The Zoning Officer shall require
a certificate of homeowners' insurance for the property being demolished.
If the demolition work is performed by a contractor authorized by
the property owner, that contractor must have all inclusive insurances
for a business, and comply with all regulations of the Pennsylvania
Department of Environmental Protection on disposal of demolition debris.
[Added 10-2-2007 by Ord. No. 295]
A.
As authorized by Section 617.3(e) of the Pennsylvania
Municipalities Planning Code,[1] the Borough Council shall, by duly adopted resolution
of the Council, establish a uniform schedule of fees, charges and
expenses, as well as a collection procedure, for zoning permits, conditional
use permits, Zoning Hearing Board proceedings and other matters pertaining
to this chapter.
[1]
Editor's Note: See 53 P.S. § 10617.3(e).
B.
Permits, special exceptions and variances shall be
issued only after fees have been paid in full, and the Zoning Hearing
Board shall take no action on appeals until all fees have been paid
in full.
C.
The appearance fee for a stenographer shall be shared
equally by the applicant and the Board. The cost of the original transcript
shall be paid by the Board if the transcript is ordered by the Board
or shall be paid by the person appealing the decision of the Board
if such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases the party requesting the original transcript shall
bear the cost thereof.
A.
Inspection by the Zoning Officer. The Zoning Officer
shall have the authority to make the following minimum number of inspections
on property for which a permit has been issued:
(1)
At the beginning of construction. A record shall be
made indicating the time and date of the inspection and the finding
of the Zoning Officer in regard to conformance of the construction
with plans submitted with the application for the building. If the
actual construction does not conform to the application, a written
notice of the violation shall be issued by the Zoning Officer, and
such violation shall be discontinued. Upon proper correction of the
violation and receipt of written notice from the Zoning Officer, construction
shall proceed.
(2)
At the completion of construction. A record shall
be made indicating the time and date of the inspection and the findings
of the Zoning Officer in regard to the issuance of a certificate of
use. Nothing contained in this chapter shall impose or imply any responsibility
upon the Borough Council or its officials or agents for the quality
of workmanship or materials employed in construction.
B.
Inspection by borough officials. It shall be deemed that the applicant, by virtue of submitting a zoning application to the borough, grants permission to the Borough Planning Commission, Borough Council or other agent authorized by the Borough Council to make such inspections of the subject premises as determined necessary by the Borough Council to confirm compliance with the provisions of this chapter. Such inspection shall be made at reasonable times and shall be solely for the purposes set forth in this § 124-40B.
A.
Definition. A certificate of use shall be a statement
issued by the Zoning Officer setting forth either that a building,
structure or parcel of land complies with the provisions of this chapter
or that a building or structure lawfully may be employed for specified
uses under the provisions of this chapter, or both.
B.
Required. No vacant land shall be occupied or used
and no structure or part of a structure hereafter erected, structurally
altered or changed in use shall be occupied or used until a certificate
of use shall have been issued therefor by the Zoning Officer.
C.
New structures and buildings, additions and alterations.
[Amended 5-2-1995 by Ord. No. 246]
(1)
Required. A certificate of use, either for the whole
or part of a new building or structure or for the alteration of or
addition to an existing building or structure, shall be applied for
immediately upon completion of the construction authorized by the
permit and prior to any occupancy thereof. The Zoning Officer shall
issue or deny the application for the certificate of use within fifteen
(15) days of receipt of the application for the same. If the erection,
alteration of or addition to such building or structure or part shall
have been completed in conformity with the provisions of this chapter
and the conditions on the permit, the certificate of use shall be
issued. If the construction does not conform with the provisions of
this chapter and the conditions of the permit, the certificate of
use shall be denied.
(2)
Exemption. A certificate of use shall not be required
for fences or signs. However, the exemption from the requirement for
a certificate of use shall not exempt such structures from compliance
with the requirements of this chapter, and any owner of such structure
shall be subject to enforcement proceedings for failure of compliance.
D.
Change in use.
(1)
A certificate of use for the use or occupancy of vacant
land or for a change in the use of land or for a change in the use
of an existing building shall be applied for and issued before any
such land shall be occupied or used or such land or building changed
in use. Any change of use which results in a change from a use listed
on the Schedule of Uses[1] to another use listed on the Schedule of Uses shall be
treated as a new use, and the applicable approvals, including conditional
use or special exception approval, shall be required. For example,
the conversion of a warehouse building into an auto body shop would
not involve new construction; however, the use would be changing and
would require a change of use permit.
[1]
Editor's Note: The Schedule of Uses is included
at the end of this chapter .
(2)
In cases where a use changes but remains within the
same definition of a use listed on the Schedule of Uses and no new
construction is involved, a certificate of use shall be required for
the change in use. However, conditional use approval or special exception
approval will not be required. For example, a candy store changing
to a hardware store, both retail businesses as listed on the Schedule
of Uses, would not require conditional use approval, but rather, only
a certificate of use issued by the Zoning Officer.
E.
Nonconforming uses. A certificate of use for changing
or extending a nonconforming use existing at the time of the passage
of this chapter or of an amendment thereto shall be applied for and
issued before any such nonconforming use shall be changed or extended
in accord with this chapter.
F.
Records. A record of all certificates of use shall
be kept on file in the office of the Zoning Officer and a copy shall
be furnished on request to any person having a proprietary or tenancy
interest in the building or land affected.
Failure to comply with any provision of this
chapter, failure to secure or comply with a decision of the Borough
Council or Zoning Hearing Board or the failure to secure a permit,
when required, prior to or (when ordered) after the erection, construction,
extension or addition to a building or prior to or after the use or
change of use of land or failure to secure a certificate of use permit
shall be violations of this chapter. When written notice of a violation
of any of the provisions of this chapter shall be served by the Zoning
Officer, personally or by certified mail, in the manner prescribed
by Section 616.1 of the Pennsylvania Municipalities Planning Code,[1] such violation shall be discontinued or corrected as set
forth in said notice.
[1]
Editor's Note: See 53 P.S. § 10616.1.
A.
Any person, partnership or corporation who or which
has violated or permitted the violation of any of the provisions of
this chapter shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the borough, pay a judgment of not more than
five hundred dollars ($500.), plus all court costs, including reasonable
attorney fees incurred by the borough as a result thereof.
B.
No judgment shall commence or be imposed, levied or
be payable until the date of the determination of a violation by the
District Justice. If the defendant neither pays nor timely appeals
the judgment, the borough may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
shall constitute a separate violation, unless the District Justice
determining that there has been a violation further determines that
there was a good faith basis for the person, partnership or corporation
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one (1) such
violation until the fifth day following the date of the determination
of a violation by the District Justice, and thereafter each day that
a violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorney fees collected for the violation of
this chapter shall be paid over to the borough.
C.
The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment.
D.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the borough,
the right to commence any action for enforcement pursuant to this
section.
E.
In case any building, structure or land is or is proposed
to be erected, constructed, reconstructed, altered, converted, maintained
or used in violation of any provisions of this chapter, the Borough
Council or, with the approval of the Borough Council, an officer of
the municipality or any aggrieved owner or tenant of real property
who shows that his property or person will be substantially affected
by the alleged violation, 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. When any such action is instituted
by a landowner or tenant, notice of that action shall be served upon
the borough at least thirty (30) days prior to the time the action
is begun by serving a copy of the complaint on the Borough Council.
No such action may be maintained until such notice has been given.
A.
Conditional uses.
(1)
Uses specified as conditional uses shall be permitted only after review and approval pursuant to the express standards as provided for specific conditional uses in this chapter and in § 124-44C and as required by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(2)
Upon determining that an application for a specific
use may only be granted as a conditional use under the terms of this
chapter, the Zoning Officer shall forward a copy of said application,
along with the required supporting data, to the Borough Planning Commission.
The Planning Commission shall review the application within thirty
(30) days following its next regular meeting and may hold a public
hearing pursuant to public notice to receive comment on the proposed
use.
(3)
The Planning Commission shall report its findings,
together with a recommendation indicating whether the criteria listed
above and any applicable performance standards have been satisfied.
Upon receipt of the conditional use application and the recommendation
of the Planning Commission, the Borough Council shall conduct a public
hearing pursuant to public notice and shall grant or deny the application.
If the application is granted, the Borough Council shall attach such
reasonable conditions and safeguards as the Board deems necessary
to protect the public health, safety and welfare and to implement
the purposes of this chapter and shall direct the Zoning Officer,
in writing, to issue a permit for the same. If the application is
denied, the applicant shall be notified within five (5) days of the
action in person or by certified mail, such notice including reasons
for denial.
B.
Special exceptions. Uses specified as special exceptions shall be permitted only after review and approval by the Borough Zoning Hearing Board pursuant to the express standards as provided for specific special exceptions in this chapter and in Subsection D below along with all other applicable standards. Procedures for special exceptions shall be pursuant to Article IX of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
Expansions and additions to conditional uses and special
exceptions. Any expansion of or addition to a use or structure classified
as a conditional use or special exception in the Schedule of Uses[3] shall be considered a conditional use or special exception,
respectively.
[3]
Editor's Note: The Schedule of Uses is included
at the end of this chapter .
D.
Standards and criteria. The standards and criteria
applied to conditional uses and special exceptions are intended to
ensure that the proposed use will be in harmony with the purposes,
goals, objectives and standards of this chapter and other ordinances
of Matamoras Borough. In addition to all the applicable standards
provided in this chapter for specific conditional uses and special
exceptions, the following standards and criteria shall be applied
in the review of applications for conditional uses and special exceptions.
(1)
The proposed use at the proposed location shall not
result in a substantial or undue adverse effect on adjacent property,
the character of the neighborhood, traffic conditions, parking, public
improvements, public sites or rights-of-way, adjacent property values
or other matters affecting the public health, safety and general welfare,
either as they now exist or as they may in the future be developed
as a result of the implementation of this chapter or any other plan,
program, map or ordinance of the borough or other government agency
having jurisdiction to guide growth and development.
(2)
The proposed use shall not impose an undue burden
on any of the improvements, facilities, utilities and services of
the borough, whether such services are provided by the borough or
some other entity. The applicant shall be wholly responsible for providing
such improvements, facilities, utilities or services as may be required
to adequately serve the proposed use when the same are not available
or are inadequate to serve the proposed use in the proposed location.
As part of the application and as a condition of approval of the proposed
use, the applicant shall be responsible for establishing ability,
willingness and binding commitment to provide such improvements, facilities,
utilities and services in sufficient time and in a manner consistent
with this and other ordinances of the borough. The permit approval
shall be so conditioned.
(3)
In reviewing an application, the following additional
factors shall be considered:
(a)
Location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
(b)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(c)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(e)
Adequacy of stormwater and drainage facilities.
Stormwater leaving any site shall not exceed pre-development levels
and facilities shall be designed to accommodate a ten-year storm.
(f)
Adequacy of water supply and sewage disposal
facilities.
(g)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum retention
of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(i)
Special attention to the adequacy and impact
of structures, roadways and landscaping in areas with susceptibility
to ponding, flooding and/or erosion.
(4)
No application shall be approved unless it is found
that, in addition to complying with each of the standards enumerated
above, any of the applicable standards contained in this chapter shall
be met. In instances where the supplemental standards contained herein
do not adequately protect the general health, safety and welfare of
parties affected, all conditions necessary to protect the general
health, safety and welfare shall be imposed as conditions of approval.
Conditions which might be imposed shall include (but not be limited
to) provisions for additional parking, traffic control, submission
of landscaping plans for screening, setbacks, special measures addressing
sales period activities, hours of operation, environmental controls
and other measures which mitigate any potential adverse impact the
use may have on adjoining uses. The applicant shall supply evidence
regarding compliance with the express standards and criteria contained
herein, and data or evidence may be accepted from protestants. Such
evidence shall be evaluated relative to the injurious impact on the
health, safety and welfare of the borough; and the proposed use shall
be approved with appropriate conditions or denied based on said evaluation.
E.
Information required.
(1)
General requirements.
[Amended 5-2-1995 by Ord. No. 246]
(a)
The applicant shall supply evidence regarding
compliance with the express standards and criteria contained herein,
and data or evidence may be accepted from protestants. Such evidence
shall be evaluated relative to the injurious impact on the health,
safety and welfare of the borough, and the proposed use shall be approved
with appropriate conditions or denied based on said evaluation.
(b)
Six (6) copies of the application for conditional
use or special exception and supporting documentation shall be submitted.
(c)
In the case of an application involving the construction of any new structure or any addition to an existing structure, all of the information required in this § 124-44E shall be provided by the applicant. However, the Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, may determine, as part of the review process, that certain information is not required for a particular application, and upon such determination, the specified information need not be provided by the applicant.
(d)
In the case of an application which does not involve the construction of any new structure or any addition to an existing structure, a narrative providing details of the project shall be provided as required by Subsection E(2)(a) which follows. However, a plot plan, as required in Subsection E(2)(b) which follows, shall not generally be required unless the Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, deems such plot plan necessary to evaluate and make a decision on the application. The Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, shall determine, as part of the review process, the type of information and level of detail of the plot plan if such plot plan is required.
(e)
In any case, the Planning Commission, Borough
Council or the Zoning Hearing Board, as the case may be, may require
any other additional information or any level of detail deemed necessary
to determine compliance with this chapter or to identify any impacts
of the proposed use.
(2)
Specific requirements.
(a)
A narrative providing details of the project.
(b)
A plot plan legible in every detail and drawn
to scale but not necessarily showing precise dimensions, and including
the following information:
[1]
The name of the development.
[2]
The name and address of the landowner and/or
land developer. (If corporation, give name of officers.)
[3]
Location map.
[4]
North arrow.
[5]
Graphic scale.
[6]
Written scale.
[7]
The date the plot plan was completed.
[8]
The names of adjacent property owners and Tax
Map numbers, including those across adjacent roads.
[9]
Proposed and existing street and lot layout,
including street names and right-of-way widths.
[10]
Existing and proposed man-made and/or natural
features:
[a]
Watercourses, lakes and wetlands
(with names).
[b]
Rock outcrops, ledges and stone
fields.
[c]
Buildings and structures and setbacks
required by this chapter.
[d]
Approximate location of tree masses.
[e]
Utility lines, wells and sewage
system(s).
[f]
Entrances, exits, access roads
and parking areas, including the number of spaces.
[g]
Drainage and stormwater management
facilities.
[h]
Any and all other significant features.
[11]
The location of permanent and seasonal high-water
table areas and one-hundred-year flood zones.
[12]
Tract boundaries accurately labeled.
[13]
The total acreage of the tract and the extent
of the areas of the site to be disturbed and the percentage of lot
coverage when the project is completed.
[14]
The location and type of rights-of-way or other
existing restrictive covenants which might affect the subdivision
and/or development.
[15]
A statement of the type of water supply and
sewage disposal proposed.
F.
Limitation of approval.
(1)
Any conditional use approval granted by the Borough
Council and any special exception approval granted by the Zoning Hearing
Board shall expire one (1) year from the date such approval was granted
if no building construction as approved has taken place or the use
is not otherwise established as a functional and constructive activity
prior to the expiration date. Upon such expiration, said approval
and any permit issued subsequent thereto shall be deemed null and
void and the developer shall be required to submit another application
for the same.
[Amended 5-2-1995 by Ord. No. 246]
(2)
In cases where conditional use approval or special
exception approval precedes land development approval, said conditional
use approval or special exception approval shall become null and void
unless a complete application for land development in accord with
the Borough Subdivision and Land Development Ordinance[4] is made within one hundred eighty (180) days from the
date of conditional use approval or special exception approval.
A.
Jurisdiction.
(1)
The Borough Council shall appoint a Zoning Hearing
Board and may appoint alternate members to the Zoning Hearing Board
in accord with Section 903 of the Pennsylvania Municipalities Planning
Code, as enacted or hereafter amended.[1] The Zoning Hearing Board shall have such powers and authority
as set forth in Article IX of said Code. The Zoning Hearing Board
shall have exclusive jurisdiction to hear and render final adjudications
in the following matters:
(a)
Substantive challenges to the validity of any
land use ordinance, except those brought before the governing body
pursuant to Sections 609.1 (curative amendments) and 916.1(a)(2) (ordinance
validity) of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10609.1
and 53 P.S. § 10916.1(a)(2), respectively.
(b)
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption, which challenges shall be raised by an appeal
taken within thirty (30) days after the effective date of said ordinance.
Where the ordinance appealed from is the initial zoning ordinance
of the municipality and a zoning hearing board has not been previously
established, the appeal raising procedural questions shall be taken
directly to court.
(c)
Appeals from the determination of the Zoning
Officer, including but not limited to the granting or denial of any
permit or failure to act on the application therefor, the issuance
of any cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
(d)
Appeals from the determination of the Municipal
Engineer or Zoning Officer with reference to the administration of
any floodplain or flood hazard ordinance or such provisions within
any land use ordinance.
(e)
Applications for variances from the terms of this chapter or any floodplain or flood hazard ordinance or such provisions within any land use ordinance, pursuant to § 124-45C of this chapter and Section 910.2 of the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10910.2.
(g)
Appeals from the determination of any officer
or agency charged with the administration of any transfers of development
rights or performance density provisions of this chapter, if such
provisions exist.
(i)
Appeals from the determination of the Zoning
Officer or Municipal Engineer in the administration of any land use
ordinance or provision thereof with reference to sedimentation and
erosion control and stormwater management insofar as the same relate
to development not involving subdivision and land development or planned
residential development applications.
[1]
Editor's Note: See 53 P.S. § 10903.
(2)
The Zoning Hearing Board shall not, under any circumstances,
have the authority to order any specific change in or amendment to
the Zoning Map or to allow any use of property substantially different
from those permitted under the Schedule of Uses[6] for the particular district.
[6]
Editor's Note: The Schedule of Uses in Appendix
Nos. 1 through 7 located at the end of this chapter.
B.
Zoning Hearing Board applications.
(1)
Application to the Zoning Hearing Board shall be made,
in writing, to the Chairman of the Zoning Hearing Board and shall
state:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the real
estate to be affected by such proposed exception or variance.
(c)
A brief description and location of real estate
to be affected by such proposed change.
(d)
A statement of the present zoning classification
of the real estate in question, the improvements thereon and the present
use thereof.
(e)
A statement of the section of this chapter under
which the application is being requested and the reasons why it should
be granted.
(f)
Any reasonably accurate description of the present
improvements and the additions intended to be made under this application,
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real estate to be affected, as required to accompany applications
for building permits, indicating the location and size of the lot
and size of improvements now erected and proposed to be erected thereon.
(g)
Any other information the applicant deems appropriate.
(2)
If the Zoning Hearing Board finds the appeal or request
outside its scope of jurisdiction, it shall return the application
for the same to the Zoning Officer for proper processing. Zoning Hearing
Board matters shall otherwise be processed in conformance with the
requirements of the Pennsylvania Municipalities Planning Code.[8]
[8]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
Variances.
(1)
The Zoning Hearing Board shall have the right to authorize
such variances from this chapter as are permitted under Section 910.2
of the Pennsylvania Municipalities Planning Code.[9] The Board may grant a variance, provided that the following
findings are made where relevant in a given case:
(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 this 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 this chapter and that
the authorization of a 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 to 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.
[9]
Editor's Note: See 53 P.S. § 10910.2.
(2)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of Article VI and this chapter.
(3)
This authority shall not include the right to grant
a use variance that would, in fact, alter the Zoning Map and thus
constitute a rezoning.
Parties to a proceeding authorized by Article
IX and Article X-A of the Pennsylvania Municipalities Planning Code
voluntarily chose the mediation option as set forth in Section 908.1
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.1.
Appeals to court and other administrative proceedings
shall be governed by Article X-A and Article IX of the Pennsylvania
Municipalities Planning Code, respectively.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
A landowner who desires to challenge on substantive
grounds the validity of an ordinance or map or any provision thereof
which prohibits or restricts the use or development of land in which
he has an interest may submit a curative amendment to the governing
body with a written request that his challenge and proposed amendment
be heard and decided on as provided in Sections 609.1 and 916.1 of
the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10609.1
and 53 P.S. § 10916.1, respectively.