B.
Appointment and membership.
(1)
The Zoning Hearing Board shall consist of three members who
are residents of Jersey Shore Borough who are appointed by resolution
of the Borough Council. The terms of the initial appointees shall
be for one, two and three years from the date of appointment. Their
successors shall be appointed for the term of three years after the
expiration of the terms of their predecessors in office. Members of
the Zoning Hearing Board shall hold no other office in the municipality.
A Zoning Hearing Board member may be removed by the majority vote
of the appointing authority for just cause only after the member has
received 15 days' advanced notice of the Borough's intent to
take such a vote.
(2)
The Borough Council may appoint two alternate members to the
Zoning Hearing Board to serve in the event of absence or conflict
of interest of a regular member. The term of office of an alternate
shall be three years. The Chairman of the Zoning Hearing Board shall
designate as many alternates as may be necessary to provide a quorum.
Designation shall be made on a case-by-case basis, in rotation, according
to declining seniority.
C.
Appointment to fill vacancies. Appointments to fill vacancies shall
be for the unexpired term of the member or members whose term becomes
vacant. Appointments to fill such vacancies shall be made in the same
manner as the original appointment.
The Zoning Hearing Board shall perform all the duties and have
all the powers prescribed by the Municipalities Planning Code Act,
of 1968, P.L. 805, No. 247, as reenacted and amended,[1] including the following:
A.
To hear and decide requests for special exceptions. Where the governing
body, in the Zoning Ordinance, has stated special exceptions to be
granted or denied by the Zoning Hearing Board pursuant to express
standards and criteria of this chapter, the Zoning Hearing Board shall
hear and decide requests for such special exceptions in accordance
with such standards and criteria. In granting a special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards, in addition to those expressed in the ordinance, as it
may deem necessary to implement the purposes of the Municipalities
Planning Code and the Zoning Ordinance.
B.
To hear and decide appeals.
(1)
The Zoning Hearing Board shall hear and decide appeals from
any order, requirement, decision or determination made by the Zoning
Officer administering this chapter, including but not limited to the
granting or denial of any permit, or failure to act on the application
thereof, the issuance of any cease-and-desist order, or the registration
or refusal to register any nonconforming use, structure, or lot.
(2)
The Zoning Hearing Board shall hear and decide appeals from a 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 the provisions regulating subdivision and land development governed under Article V of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10501 et seq.
(3)
The Zoning Hearing Board shall hear and decide appeals from
a determination by the Municipal Engineer or the Zoning Officer with
reference to the administration of any floodplain or flood hazard
ordinance or such provisions within a land use ordinance.
(4)
The Zoning Hearing Board shall hear and decide upon appeals
from a determination of the Zoning Officer, including the interpretation
of any provision of this chapter.
C.
To hear and decide challenges to the validity of any land use ordinance.
(1)
The Zoning Hearing Board shall hear and decide substantive challenges
to the validity of any land use ordinance, except those for landowner
curative amendments, which shall be brought before the governing body
pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities
Planning Code, as amended.[3]
[3]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1(a)(a),
respectively.
(2)
The Zoning Hearing Board shall hear and decide challenges to
the validity of a land use ordinance raising procedural questions
or alleged defects in the process of enactment or adoption. Such challenges
shall be raised by an appeal taken within 30 days after the effective
date of said ordinance.
D.
To hear and decide requests for variances.
(1)
The Zoning Hearing Board shall hear requests for variances and may vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow or shallow lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. The sole purpose of any variance shall be to prevent discrimination and no variance shall be granted which would have the effect of granting a special privilege not shared by other property owners in the same vicinity and district and under the same conditions. See § 300-91 for additional information regarding variances in the Floodplain Districts.
(2)
No variance in the strict application of any provision of this
chapter shall be granted by the Zoning Hearing Board unless it finds:
(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 Ordinance 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 Ordinance 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 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 Zoning Hearing Board may attach
such reasonable conditions and safeguards as may seem necessary to
implement the purposes of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Parties appellant before the Board. Appeals from a decision of the
Zoning Officer and proceedings to challenge the validity of the ordinance
may be filed with the Zoning Hearing Board in writing by the landowner
affected, any officer or agency of the Borough, or by any person aggrieved.
Requests for variance must be filed with the Zoning Hearing Board
by a landowner or an authorized agent of such landowner.
B.
Time limitations. No person shall be allowed to file any proceeding
with the Zoning Hearing Board later than 30 days after an application
for development, preliminary or final, has been approved by an appropriate
municipal 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.
C.
Application required. All requests and appeals made to the Zoning
Hearing Board shall be in writing and in such form as may be prescribed
by the Zoning Officer. Every appeal or request shall refer to a specific
provision of this chapter and shall exactly set forth the interpretation
that is claimed or shall include the plans or the details of the variance
that is applied for, in addition to the following information:
(1)
The name and address of the applicant or appellant;
(2)
The name and address of the owner of the parcel to be affected
by such proposed change or appeal;
(3)
A brief description and location of the parcel to be affected
by such proposed change or appeal;
(4)
A statement of the present zoning classification of the parcel
in question, the improvements thereon and the present use thereof;
and
(5)
A reasonably accurate description of the additions or changes
intended to be made under this application, indicating the size of
such proposed improvement, material and general construction thereof.
In addition, there shall be attached a plot plan of the property to
be affected, indicating the location and size of the lot and size
of improvements thereon and proposed to be erected thereon.
D.
Procedure for Zoning Officer.
(1)
The notice of appeal in any case where a permit has been granted
or denied by the Zoning Officer shall be prescribed by the Zoning
Hearing Board under general rule after notice of such action granting
or denying the permit has been mailed to the applicant. The Zoning
Officer shall then immediately transmit to the Zoning Hearing Board
all papers constituting the record from which the appealed action
was taken, or in lieu thereof, certified copies of said papers.
(2)
It shall be acceptable for the Zoning Officer to recommend to
the Zoning Hearing Board a modification or reversal of his action
in cases where he believes substantial justice requires the same but
where he does not have sufficient authority to grant the relief sought.
E.
Hearing required and notice of hearings. The Zoning Hearing Board,
before rendering a decision, shall hold hearings on any appeal, interpretation,
variance, challenge or other matter requiring the Zoning Hearing Board's
decision or other official action. Upon the filing of an appeal or
application request with the Zoning Hearing Board, the Board shall,
within 60 days of receipt of the application, fix a reasonable time
and place for and hold a public hearing thereon, giving notice as
follows:
(2)
Post in a conspicuous place on the property involved a written
notice of the pending hearing and action, such notice shall take place
at least seven days prior to the public hearing;
(3)
Give written notice to the applicant, the Zoning Officer, the
Borough Secretary, Secretary of the Borough Planning Agency, and to
any person who has made timely request for the same, at least seven
days prior to the hearing. (Where the Zoning Hearing Board is requesting
comments on an application from the Planning Agency, the Borough Planning
Agency shall be given notice at least 30 days prior to the hearing);
and
(4)
In case of an appeal or a request for a variance, all adjacent
property owners within 500 feet of the nearest line of the property
for which the variance is sought shall be given written notice within
seven days of the hearing.
F.
Rules of conduct.
(1)
The Zoning Hearing Board shall adopt rules in accordance with the provisions of this chapter and Article IX of the Pennsylvania Municipalities Planning Code, as amended.[2] Meetings of the Zoning Hearing Board shall be held at
the call of the Chairman and at such other times as the Zoning Hearing
Board may determine. Such Chairman or, in his absence, the acting
chairman, may administer oaths and compel the attendance of witnesses.
Irrelevant, immaterial or unduly repetitious evidence may be ruled
out of order an excluded from the hearing record.
[2]
Editor's Note: See 53 P.S. § 10901 et seq.
(2)
All hearings and meetings of the Zoning Hearing Board shall
be open to the public. The Zoning Hearing Board shall keep a stenographic
record of the hearing proceedings. Minutes shall be kept of all other
meetings and shall show the vote of each member upon each question,
or if absent or failing to vote, indicate such fact. Such records
shall be public and shall be kept on file with the Borough Secretary.
A report of the Zoning Hearing Board's activities shall be submitted
to the Borough Council once each year.
(3)
A quorum of two Board members shall be required for the Board
to take action.
G.
Decisions.
(1)
The Zoning Hearing Board shall render a written decision or,
when no decision is called for, make written findings on any application
brought before them within 45 days after the date of the last hearing
on said application. Every decision of the Zoning Hearing Board shall
be based on stated findings of fact and every finding of fact shall
be supported in the record of the hearing. The enumerated conditions
required to exist for the authorization of a variance shall be construed
as limitation of the power of the Zoning Hearing Board to act. A mere
finding of recitation of the enumerated conditions, unaccompanied
by findings of specific fact, shall not be deemed findings of fact
and shall not be deemed compliance with this chapter.
(2)
In exercising the above-mentioned powers, the Zoning Hearing
Board may, in conformity with the provisions of this section, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make such order, requirement,
decision or determination as it feels appropriate.
(3)
A copy of the final decision or findings must be delivered to
the applicant personally or must be mailed to him not later than the
day after the date of the report. All other persons interested in
the results or who filed an appearance or testified during the hearing
must be provided with a brief notice of the decision or findings and
a statement indicating where the full decision may be examined.
H.
Expiration of appeal decision. Unless otherwise specified by the
Zoning Hearing Board, a decision on any appeal or request shall expire
if the applicant fails to obtain any necessary zoning permit or comply
with the conditions of said authorized permit within six months from
the date of authorization thereof.
I.
Required interval for hearings on applications and appeals after
denial. Whenever the Zoning Hearing Board, after hearing all the evidence
presented upon an application or appeal under the provisions of the
ordinance, denies the same, the Zoning Hearing Board shall refuse
to hold further hearings on the same or substantially similar application
or appeal by the same applicant, his successor or assign for a period
of one year, except and unless the Zoning Hearing Board shall find
and determine from the information supplied by the request for a rehearing,
that changed conditions have occurred related to the promotion of
the public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Zoning
Hearing Board and adopted by the unanimous vote of the members present,
but not less than a majority of all members.
J.
Failure to hold required hearing or render decision. If the Zoning
Hearing Board fails to hold the required hearing or fails to render
a decision with the prescribed time periods, a decision shall be automatically
rendered in favor of the applicant. However, the applicant may agree
in writing to an extension of the sixty-day and/or forty-five-day
time requirements. When a decision is rendered in favor of the applicant
due to a violation of the established time requirements, the Zoning
Hearing Board must give public notice of this decision within 10 days
from the last day it could have met to render a timely decision.
K.
Stay of proceedings. An appeal to the Zoning Hearing Board shall
automatically stop all affected land development. However, if the
Zoning Officer or other appropriate agency certifies to the Zoning
Hearing Board that such a halt could cause an imminent danger to life
or property, then development may only be stopped by a restraining
order granted by the Zoning Hearing Board or by the court having jurisdiction,
on petition, after notice to the Zoning Officer and any appropriate
agency.
L.
Appeals. Any person aggrieved by any decision of the Zoning Hearing
Board may appeal therefrom within 30 days to the Court of Common Pleas
of Lycoming County pursuant to the procedures established in Article
X-A of the Pennsylvania Municipalities Planning Code, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 11001-A et seq.
