[Amended 8-13-2007 by Ord. No. 411]
A.
The Zoning Officer shall be appointed by the Borough
Council. It shall be the duty of the Zoning Officer to administer
and enforce this chapter. The Zoning Officer shall have the power
to:
(1)
Receive appeals and applications for conditional uses,
curative amendments, zone reclassifications and variances, and forward
them to the Borough Council, Planning Commission, Zoning Hearing Board
or other agencies, as appropriate.
(2)
Provide testimony at hearings of the Zoning Hearing
Board as required.
(3)
Issue zoning permits where there is compliance with
the Pennsylvania UCC requirements and provisions of the Borough ordinances.
Zoning permits for construction or uses requiring a variance shall
be issued only after the grant of a variance by the Zoning Hearing
Board. Permits requiring a conditional use shall be issued only after
the approval of a conditional use by the Borough Council. Permits
requiring a special exception shall be issued only after the approval
of a special exception by the Zoning Hearing Board.
(4)
Conduct inspections as prescribed by the Borough Council
or ordinance to determine compliance or noncompliance with the terms
of this chapter.
(5)
Issue enforcement notices.
(6)
Act on behalf of the Borough in any appropriate action
or proceedings to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, demolition, maintenance or use of
any building or structure, to restrain, correct, or abate such violation,
so as to prevent the occupancy or use of any building, structure or
land, or to prevent any illegal act, conduct, business or use in or
about such premises.
(7)
Revoke by written notice any zoning permit, building
permit, or zoning occupancy permit issued under a mistake of fact
or contrary to the law or the provisions of this chapter.
(8)
Record and file all applications and plans for permits
and the action taken thereon. All applications, plans, and documents
shall be a public record.
(9)
Maintain a map or maps showing the current zoning districts. Upon request, the Zoning Officer shall make determinations of any Zoning Map district boundary question. Such determination may be appealed to the Zoning Hearing Board.
(10)
Upon the request of the Borough Council, Planning
Commission or Zoning Hearing Board, present facts, records or information
to assist them in making decisions.
(11)
The Zoning Officer shall not issue a zoning
permit for any activity in a subdivision or land development prior
to the final approval of the subdivision and land development plan
and recording thereof, if applicable.
(12)
The Zoning Officer may register all nonconforming
use, lots and structures, together with reasons why they are nonconforming.
B.
The Building Code Official shall be certified by the
Department of Labor and Industry under the PA Construction Code Act.
Duties include the following:
(1)
Perform plan reviews, issue building permits for construction
over 1,000 square feet, as per the Pennsylvania Construction Code,
perform inspections, issue occupancy permits. Building permits for
construction or uses requiring a variance shall be issued only after
the grant of a variance by the Zoning Hearing Board. Permits requiring
a conditional use shall be issued only after the approval of a conditional
use by the Borough Council. Permits requiring a special exception
shall be issued only after the approval of a special exception by
the Zoning Hearing Board.
(2)
Provide testimony at UCC Board of Appeals, as required.
(3)
Follow current edition of the Pennsylvania Construction
Code, as enacted and updated.
[Amended 8-13-2007 by Ord. No. 411]
A.
Required. Until a zoning permit or building permit
has been issued, no person shall:
(1)
Establish or change the use of a structure or land
to a different use.
(2)
Establish or change a nonconforming use or structure,
after review and approval by the Zoning Hearing Board.
(3)
Erect, make structural alterations to or add to any
structure.
(4)
Zoning permits: issued to establish or change use
of structure or land to a different use; erect or make structural
alterations to or add to any structures such as garages, carports,
sheds under 1,000 square feet; establish or change of nonconforming
use or structure. Note: Zoning Hearing Board approval required for
a nonconforming use or structure.
B.
Application requirements.
(1)
Application for the zoning permit or building permit
shall be accompanied by such information as the Zoning Officer or
the Building Code Official may reasonably require.
C.
Life of a permit.
(1)
Zoning permits or building permits expire one year
from date of issue. Prior to continuance of the activity or change
for which the original permit was issued, a new zoning permit or building
permit must be obtained. The zoning permit may be renewed by the Zoning
Officer and the building permit may be renewed by the Building Code
Official if there has been no change in applicable zoning regulations,
and if such renewal is requested within one month of the date of expiration
of said zoning permit or building permit. If applicable zoning regulations
have been changed, the full review and approval procedure required
by this chapter shall apply. Any zoning permit issued by authorization
of the Zoning Hearing Board shall not be renewed except by authority
of the Zoning Hearing Board.
(2)
A zoning permit or building permit for any structure,
building or use may be revoked and withdrawn by the Zoning Officer
if the holder of the permit has failed to comply with the requirements
of this chapter or with any conditions attached to the issuance of
the permit, and the holder of the zoning permit or building permit
may be subject to penalties as provided by this chapter.
D.
Approval.
(1)
Upon receipt of an application, the Zoning Officer
or Building Code Official, as the case may be, shall either approve
or disapprove the application or submit the application to appropriate
review agencies in conformance with the provisions of this chapter.
All zoning permits and building permits shall be conditional upon
the commencement of work within one year and substantial completion
within 2 1/2 years from the time of issuance of the permit.
(2)
Prior to the issuance of a permit for any use in a
floodplain, the Zoning Officer or Building Code Official, as the case
may be, shall require the applicant to indicate compliance with all
applicable state and federal laws.
E.
Inspections. The Zoning Officer or the Building Code
Official, as the case may be, shall inspect the site to determine
whether any applicable work is in compliance with the approved zoning
permit.
[Amended 8-13-2007 by Ord. No. 411]
A.
Required. Until an occupancy permit has been issued,
no person shall occupy and use a structure and land for the purposes
set forth in the permit. The occupancy permit shall indicate that
the use and structure are in compliance with this chapter and that
all conditions attached to the granting of the permit have been met.
B.
Application requirements.
(1)
Application for the occupancy permit shall be accompanied
by such information as the Building Code Official may reasonably require.
C.
Permit. An occupancy permit shall be revocable where
the Building Code Official determines that the occupant is not complying
with every condition required by the issuance of said permit.
If it appears to the Borough that a violation
of this chapter has occurred, the Borough shall initiate enforcement
proceedings by sending an enforcement notice to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
that parcel, and to any other person requested in writing by the owner
of record.
A.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person
against whom the municipality intends to take action.
(2)
The location of the property in violation, including
Allegheny County Tax Map Parcel Number.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to
appeal to the Zoning Hearing Board within 30 days (from the date delivered
or postmarked if mailed).
(6)
That failure to comply with the notice within the
time specified, unless extended by appeal to the Zoning Hearing Board,
constitutes a violation with possible sanctions clearly described.
B.
Any person, partnership or corporation who or which
has violated or permitted the violation 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
$500, plus all court costs, including reasonable attorneys' fees incurred
by the Borough as a result thereof. Each day that a violation continues
shall constitute a separate violation, unless the District Justice
having jurisdiction thereof 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 such violation until the
fifth day following the date of the determination of a violation by
the District Justice, and thereafter each day that the violation continues
shall constitute a separate violation.
C.
In case any building, structure, landscaping or land
is or is proposed to be erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this chapter, the Borough
or, with the approval of the Borough, an officer thereof may institute
an appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure, landscaping or land, or to prevent,
in or about such premises, any act, conduct, business, or use constituting
a violation.
Amendment of this chapter may be proposed by
any member of Council, by the Planning Commission, or by petition
of a person owning property within the Borough, in accordance with
the following provisions:
A.
Petitions for amendment submitted by property owners
(other than curative amendments) shall be filed with the Borough.
At the time of filing, the property owner shall pay the fee established
from time to time by resolution of Council to cover the cost of review,
advertising and administration.
B.
Any proposed amendment, other than one proposed by
the Planning Commission, shall be referred to the Planning Commission
for review at least 30 days prior to the public hearing to be held
by the Council. The Planning Commission shall review the proposed
amendment and report its findings and recommendations in writing to
the Council and the petitioner, if any.
C.
Any proposed amendment shall also be referred to Allegheny
County Economic Development for review and recommendation at least
30 days prior to the public hearing to be held by Council.
[Amended 8-8-2011 by Ord. No. 433]
D.
Before voting on the enactment of an amendment, Council shall hold a public hearing thereon pursuant to public notice and, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted along the perimeter of the affected tract at least one week prior to the date of the hearing to notify potentially interested citizens.
E.
If, after any public hearing held upon an amendment,
the proposed amendment is changed substantially or further revised
to include land previously not affected by it, the Council shall hold
another public hearing pursuant to public notice, before proceeding
to vote on the amendment.
Prior to granting final approval of any site
plan, conditional use, or other approval required by this chapter
wherein the developer is required, or has agreed as a condition of
approval, to provide and install specific amenities, including but
not limited to the installation of trees, shrubbery, and other plant
materials, installation of sidewalks, fences, or other landscaped
materials, the provision of driveways, pathways, or other related
remedy to circulation, or the demolition and removal of any structure
or nonconforming signs, the developer shall provide a financial security
to assure satisfactory completion of all said improvements. The amount
of financial security to be posted shall be equal to 110% of the cost
of completion of required improvements estimated as of 90 days following
the date of anticipated completion by a professional engineer licensed
as such in Pennsylvania and certified to be a fair and reasonable
estimate of such cost. Said financial security shall be in the form
of federal or commonwealth chartered lending institution irrevocable
letters of credit and/or restrictive or escrow accounts in such lending
institutions. Said financial security shall be released upon written
certification by the Zoning Officer as to completion of all of the
required improvements.
A.
Establishment. In accordance with law, Council shall
appoint and organize a Zoning Hearing Board, consisting of three members
who are residents of the Borough, which 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. A fee shall be charged in accordance with
a schedule fixed by resolution of Council for any appeal or proceeding
filed with the Board. The Board shall have the functions, powers and
duties specifically granted by law. The term of office of Board members
shall be three years and shall be 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.
Alternates. 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 shall be made on a case-by-case basis
in rotation according to declining seniority among all alternates.
(1)
Council 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 shall be
three years. When seated 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 as provided by law.
(2)
Alternates shall hold no other office in the Borough.
(3)
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 unless designated as a voting alternate member.
C.
Hearings. The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements,
or as revised by the latest version of the Pennsylvania Municipalities
Planning Code. [Note: The procedure and time limits set forth in this
section are to be considered supplemental to those provided in the
Municipalities Planning Code (PMPC), latest edition. In the event
of a conflict the PMPC shall take precedence.]
(1)
Public notice shall be given and written notice shall
be given to 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. Written notice of hearings shall
also be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
(2)
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. In any appeal of an enforcement notices to the Zoning
Hearing Board, the Borough shall have the responsibility of representing
its evidence first.
(3)
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.
(4)
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.
(5)
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
(6)
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 the stenographer shall be shared equally
by the applicant and the Zoning Hearing Board. The cost of the original
transcript shall be paid by the Board if the transcript is ordered
by the Board or hearing officer or shall be paid by the person appealing
from 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 copies. In other cases the party requesting the original transcript
shall bear the cost thereof.
(7)
The 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 all parties are
afforded an opportunity to contest the materials, except advice from
their solicitor, so noticed and shall not inspect the site or its
surroundings after the commencement of hearings with any party or
his representative unless all parties are given an opportunity to
be present.
(8)
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. Where the Board falls to render the decision within 45 days after the last hearing before the 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 Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision, in the same manner as provided in Subsection C(1).
(9)
A copy of the final decision, or where no decision
is called for, of the findings, shall be delivered to the applicant
personally or mailed not later than the day following its date. The
Board shall also provide by mail to all other persons who have filed
their name and address with the Board a brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
(10)
Where the application is contested or denied,
each decision shall be accompanied by findings of fact and conclusions
based thereon together with the reasons therefor. Conclusions based
on any provisions of the Pennsylvania Municipalities Planning Code,
of this chapter, or of any other ordinance, rule or regulation shall
contain a reference to the provision relied on and the reasons why
the conclusion is deemed appropriate in light of the facts found.
(11)
Hearings before the Zoning Hearing Board shall
be held within 60 days from the date of the applicant's request, unless
the applicant has agreed in writing to an extension of time.
(12)
Hearings shall be conducted by the Zoning Hearing
Board or the Board may appoint any member as a hearing officer. The
decision or, where no decision is called for, the findings shall be
made by the Board. Notwithstanding the foregoing, the applicant or
appellant, as the case may be, or the Borough may, prior to the decision
or findings, waive decision or findings by the Board and accept the
decision or findings of the hearing officer as final.
(13)
If the hearing is conducted by a hearing officer,
and there has been no stipulation that his decision or findings are
final, the Board shall make his report and recommendations available
to the parties within 45 days and the parties shall be entitled to
make written representations thereon to the Board prior to final decision
or entry of findings, and the Board's decision shall be entered no
later than 30 days after the report of the hearing officer.
D.
Fees. A fee as established from time to time by resolution
of Council is to accompany the application. Any filing fees paid by
a party to appeal an enforcement notice to the Zoning Hearing Board
shall be returned to the appealing party by the Borough if the Zoning
Hearing Board, or any court in a subsequent appeal, rules in the appealing
party's favor.
E.
Notice of hearings. Public notice of hearings before
the Zoning Hearing Board shall be given as follows:
(1)
Notice published once each week for two successive
weeks in a newspaper of general circulation in Bradford Woods as designated
from time to time by Council. Such notice shall state the time and
place of the hearing and the particular nature of the matter to be
considered at the hearing. The first publication shall be not more
than 30 days and the second publication not less than seven days from
the date of the hearing.
(2)
Written notice to parties in interest, who shall be
at least the applicant or appellant, the Zoning Officer, those persons
whose properties adjoin or are across streets from the property in
question, and any person who has made timely request for same.
(3)
Tract posting at least one week prior to the hearing.
F.
Appeals from the Zoning Officer. The Zoning Hearing
Board shall have exclusive jurisdiction to hear and render final adjudications
in appeals from 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, the registration or refusal to register any nonconforming use,
structure or lot, determination with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance, determination under the preliminary opinion
provisions of the Pennsylvania Municipalities Planning Code, or determination
in administration of any land use ordinance or erosion thereof with
reference to sedimentation and erosion control and stormwater management.
G.
Stay of proceedings. Upon the filing of any proceeding
(except application for variance or special exception) before the
Zoning Hearing Board and during the pendency of such proceedings before
the 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 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 to the Zoning Officer or other appropriate
agency or body.
A.
Purpose and authority. The Zoning Hearing Board shall
hear requests for variances where it is alleged that the provisions
of this chapter inflict unnecessary hardship use upon the applicant
and make decisions in accordance with the following requirements or
as revised by the latest version of Pennsylvania Municipalities Planning
Code. [Note: The procedure and time limits set forth in this section
are to be considered supplemental to those provided in the Municipalities
Planning Code (PMPC), latest edition. In the event of a conflict the
PMPC shall take precedence.]
B.
Requests. Requests for a variance under this section
may be filed by any landowner. The applicant must prove that the variance
will not be contrary to the public interest and that unnecessary hardship
will result if it is not granted. In particular, the applicant shall
establish and substantiate that the request for the variance is in
conformance with all the requirements and standards listed below,
where applicable 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 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 this chapter and that the authorization
of a variance is, therefore, necessary to enable the reasonable use
of the property.
(3)
That the unnecessary hardship has not been created
by the applicant.
(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.
C.
Application. An application for a variance shall be
filed with the Zoning Hearing Board on a form provided. The application
shall contain or be accompanied by such copies, information and plans
as required on the application. At a minimum, the application shall
be accompanied by a drawing showing the proposed development and other
site features necessary to evaluate the variance request under this
section.
D.
Fee. A fee as established from time to time by resolution
of Council is to accompany the application.
E.
Completeness. Within five days after receiving an
application for a variance, the Chairman or Acting Chairman of the
Zoning Hearing Board shall determine whether the application is complete.
If such officer determines that the application is not complete, he
shall notify the applicant in writing of any deficiencies and shall
take no further steps to process the application until the applicant
remedies the deficiencies.
F.
Action. The Zoning Hearing Board shall review the
application and shall conduct a hearing on the application in accordance
with the requirements this chapter. The Zoning Hearing Board shall
grant the variance, grant the variance subject to specified conditions,
or deny the variance.
G.
Standards. The Zoning Hearing Board may grant a variance
provided that all the following findings are made:
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topography 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 provision 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 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; 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.
H.
Conditions. In general, the power to authorize a variance
from the terms of this chapter shall be sparingly exercised and only
under peculiar and exceptional circumstances. 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
MPC Section 105[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10105.
I.
Time limits on variances.
(1)
No variance shall be valid for a period longer than
one year unless a building permit is issued and construction has commenced,
or unless a certificate of occupancy is issued and a use commenced
within such period. The Zoning Hearing Board may grant an extension
of this time limit for up to one year, for good cause shown, upon
receiving a written request from the applicant at least 30 days before
the expiration of the original time limit.
(2)
If after any time after a variance is approved the applicant is found to be in violation of any of the conditions to the approval, the standards of this subsection, or other standards or requirements of this chapter, the recipient of the variance approval shall be subject to the penalties described in § 225-60 of this chapter, including the revocation of the variance approval.
J.
Appeals. All appeals from decisions rendered under
this section shall be taken to the Court of Common Pleas.
A.
The Zoning Hearing Board shall hear and decide requests
for special exceptions as follows or as revised by the latest version
of the Pennsylvania Municipalities Planning Code. [Note: The procedure
and time limits set forth in this section are to be considered supplemental
to those provided in the Municipalities Planning Code (PMPC), latest
edition. In the event of a conflict the PMPC shall take precedence.]
B.
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.
(1)
Purpose and authority. Special exceptions are those
uses which are generally compatible with the uses permitted in a zoning
district, but require individual review of their location, design
and intensity in order to ensure their appropriateness on any particular
parcel of land and the compatibility of the use with adjacent uses.
Approval may be granted for those special exceptions enumerated in
each of the zoning districts established in Table 1[1] of this chapter in accordance with the provisions of this
section.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(2)
Requests. Requests for a special exception approval
under this section may be filed by any landowner or tenant with the
permission of such landowner.
(3)
Application. An application for a special exception
shall be filed with the Zoning Hearing Board on a form provided. The
application shall contain or be accompanied by such copies, information
and plans as required on the application. At a minimum, the application
shall be accompanied by a drawing showing the proposed development
and other site features necessary to evaluate the special exception
request under this section.
(4)
Fee. A fee as established from time to time by resolution
of Council is to accompany the application.
(5)
Completeness. Within five days after receiving an
application for a special exception, the Chairman or Acting Chairman
of the Zoning Hearing Board shall determine whether the application
is complete. If such officer determines that the application is not
complete, he shall notify the applicant in writing of any deficiencies
and shall take no further steps to process the application until the
applicant remedies the deficiencies.
(6)
Action. The Zoning Hearing Board shall review the
application and shall conduct a hearing on the application in accordance
with the requirements this chapter. The Zoning Hearing Board shall
grant the special exception, grant the special exception subject to
specified conditions, or deny the special exception.
(7)
Standards. The Zoning Hearing Board may grant a special
exception provided that all the following findings are made:
(a)
General.
[1]
That the proposed use or development of the
land will be in harmony with the scale, bulk, coverage, density and
character of the area or neighborhood in which it is located;
[2]
That the proposed use will not hinder or discourage
the appropriate development and use of adjacent land and buildings
or impair the value thereof;
[3]
That the proposed use will not adversely affect
the health or safety of persons residing or working in the neighborhood
of the proposed use;
[4]
That the proposed use 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 proposed use is reasonably necessary
for the public health or general welfare;
[6]
That the proposed use will not cause undue traffic
congestion or create a traffic hazard;
[7]
That the proposed use complies with the minimum
standards for development within the applicable zoning district and
any standards which are set out for the specific use in regulations
for the applicable zoning district.
(9)
Time limits on special exceptions.
(a)
No special exception shall be valid for a period
longer than one year unless a building permit is issued and construction
has commenced, or unless a certificate of occupancy is issued and
a use commenced within such period. The Zoning Hearing Board may grant
an extension of this time limit for up to one year, for good cause
shown, upon receiving a written request from the applicant at least
30 days before the expiration of the original time limit.
(b)
If at any time after a special exception is approved the applicant is found to be in violation of any of the conditions to the approval, the standards of this subsection, or other standards or requirements of this chapter, the recipient of the special exception approval shall be subject to the penalties described in § 225-60 of this chapter, including the revocation of the special exception approval.
(10)
Appeals. All appeals from decisions rendered
under this section shall be taken to the Court of Common Pleas.
