A.
Terms of office. Pursuant to Article IX of the MPC, 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 § 200-153 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 § 200-154 unless designated as a voting alternate member of the Zoning Hearing Board pursuant to § 200-153 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 § 200-155 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 § 200-153, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Borough Council.
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the provisions of the MPC.
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 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 the Zoning 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 the Zoning 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 the Zoning 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 the Zoning chapter and the
MPC.
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 MPC.
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 § 200-58 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 (Borough Council')
decision; or
(2)
The petitioner initiates use or construction
contrary to the Zoning Hearing Board's (Borough Council') decision;
or
(3)
The petitioner is found to have misrepresented
or falsified information pertinent to the Zoning Hearing Board's (Borough
Council') decision; or
(4)
The Zoning Hearing Board's (Borough Council')
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 or use or construction contrary to that specified by the Zoning Hearing Board's (Borough Council') decision shall be deemed a violation of this chapter, punishable under Article XIII of this chapter. Revocation of the Zoning Hearing Board's (Borough Council') 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.