A.
Appointment. The membership of the Zoning Hearing
Board shall consist of three residents of the Borough appointed by
resolution of the Borough Council. Each term of office shall be three
years and shall be so fixed that the term of office of one member
shall expire each year. The Zoning Officer shall not be eligible to
serve as a member.
B.
Vacancies. Appointments to fill vacancies on the Board
shall be for the duration of the unexpired portion of the term only.
C.
Removal of members. Any member of the Board may be
removed for malfeasance, misfeasance or nonfeasance in office or for
other just cause by a majority vote of the Borough Council. No vote
shall take place until such time as the member has received a fifteen-day
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.
Conduct of the Board. The Zoning Hearing Board shall
elect from its own membership its officers, who shall serve annual
terms as such and may succeed themselves. For the conduct of any hearing
and the taking of any action, a quorum shall be not less than a majority
of all the members of the Board. The Board may appoint a hearing officer
from its own membership to conduct the hearing on its behalf, and
the parties may waive further action by the Board and accept the decision
or findings of the hearing officer as final, as provided in Section
908 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
Establishment of procedure. The Zoning Hearing Board
may make, alter and rescind rules and forms for its procedure, consistent
with ordinances of the Borough and the laws of the commonwealth. The
Board shall maintain full public records of its business.
A.
Expenditures. 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 Board may receive compensation
for the performance of their duties, as may be established by the
Borough Council.
B.
Fees. An applicant before the Zoning Hearing Board
shall deposit with the Zoning Officer the appropriate filing fee.
Fees shall be established by resolution of the Borough Council, for
purposes as prescribed in Section 908(1.1) of the Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908(1.1).
The Zoning Hearing Board shall function in strict
accordance with and pursuant to the Municipalities Planning Code and
shall have the following powers:
A.
Appeals from the Zoning Officer. The Board shall hear
and decide appeals where it is alleged that the Zoning Officer has
failed to follow prescribed procedures or has misinterpreted or misapplied
any provision of a valid ordinance or map of the Borough or any valid
rule or regulation covering the duties of the Zoning Officer.
B.
Special exceptions. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth below. The Board may attach such reasonable conditions and safeguards as it may deem necessary, as prescribed in § 287-145, to implement the purposes of this chapter.
C.
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter create unnecessary hardship on an applicant when applied to a tract of land. In granting a variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary, including those prescribed in § 287-144, to implement the purposes of this chapter.
D.
Validity of the Zoning Ordinance. The Board shall
hear and make findings on challenges to the validity of any provision
of this chapter with respect to substantive questions.
The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with the following requirements:
A.
Filing appeals and requests to the Zoning Hearing
Board. Requests for hearings before the Zoning Hearing Board shall
be made as follows:
(1)
An appeal to the Zoning Hearing Board may be filed
by the landowner affected, any officer or agency of the Borough or
any person aggrieved. Such appeal shall be taken within the time as
stipulated by the Municipalities Planning Code and the rules of the
Board, by filing with the Zoning Officer a notice of appeal specifying
the grounds thereof. The Zoning Officer shall forthwith transmit to
the Board all of the papers constituting the record upon which the
action appealed from was taken.
(2)
A request for a variance or special exception may
be filed by any landowner or any tenant with evidence of consent from
the landowner.
(3)
The appropriate fee, established by the Borough, shall
be paid in advance for each appeal or application for a special exception
or variance.
B.
Notice.
(1)
Upon filing a request for a hearing, the Board shall
fix a reasonable time and place for a public hearing and shall give
notice thereof as follows:
(b)
By providing, by certified mail, a written notice
thereof to the applicant at least 14 days before the date fixed for
the hearing.
(c)
By mailing a written notice thereof to the Zoning
Officer, the Borough Secretary, each member of the Borough Council,
each member of the Planning Commission, the Director of the Chester
County Planning Commission and to every person or organization who
shall have registered with the Board for the purpose of receiving
such notices, accompanied by the appropriate mailing fee. The Borough
Council may fix an annual fee for provision of notices to such registered
persons or organizations.
(d)
By posting the written notice of said hearing
in a conspicuous location on the affected tract of land, at least
one week prior to the hearing.
(e)
By sending a written notice thereof, by certified
mail, return receipt requested, to the owner of every lot which abuts
the property subject to the application, and by regular mail to the
owner of every lot within a one-hundred-fifty-foot radius of the subject
property which does not abut the subject property. "Owner" shall be
defined as the person(s) listed as the owner on the tax rolls and
notice shall be sent to the address contained in the tax rolls. The
notice required hereunder shall be sent at least 10 days before the
scheduled hearing.
[Amended 6-7-2006 by Ord. No. 2006-02]
(2)
The notice herein required shall state the location
of the lot or building and the general nature of the question involved.
C.
Timing. A hearing shall be held within 60 days from
the official application date requesting a hearing.
D.
Parties to the hearing. The parties to the hearing may be any person or entity entitled to notice under Subsection B above, and any other person permitted to appear by the Board.
E.
Powers of the Chairman. The Chairman or Acting Chairman
of the Board, presiding, shall have the 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.
F.
Rights of the parties. The parties shall have the
right to be represented by counsel and shall be afforded the opportunity
to respond, to present evidence and to argue and cross-examine adverse
witnesses on all relevant issues.
G.
Exclusion of evidence. Formal rules of evidence shall
not apply, but irrelevant, immaterial or unduly repetitious evidence
may be excluded by the Board.
H.
Record of the proceedings. A stenographic record of
the proceedings shall be made by a court reporter. The appearance
fee for the court reporter shall be shared equally by the applicant
and the Board. Any party requesting the original transcript or a copy
of the transcript shall bear the cost of the same. Copies of graphic
or written material received in evidence shall be made available to
any party at cost.
I.
Communications. Once a formal application has been
duly filed, the Board 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.
Further, the Board shall not take notice of any communication unless
the parties are afforded an opportunity to contest the material and
shall not inspect the site or its surroundings with any party or his
representative unless all parties are given an opportunity to be present.
A.
The Board 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. Where the application is contested
or denied, each decision shall be accompanied by findings and conclusions,
together with the reasons for such conclusions. Conclusions based
on any provisions of this chapter or of any act, rule or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in the light of the facts
found. All decisions shall be made at a public hearing.
B.
Notice of the final decision shall be delivered to
the applicant personally or mailed to him not later than the day following
its date. The Board shall provide, by mail or otherwise, a brief notice
of the decision or findings and a statement of the place where the
full decision may be examined to all other persons who have filed
their names and addresses with the Board no later than the last day
of the hearing.
The Zoning Hearing Board shall hear and decide
all requests for special exceptions, as identified within this chapter,
in accordance with the following standards:
A.
Relationship to the Comprehensive Plan. Consideration
of the size, scope, extent and character of the proposed special exception
and assurance that such proposal is consistent with the purposes and
objectives of the Downingtown Borough Comprehensive Plan.
B.
Suitability of the tract. Consideration of the suitability
of the proposed tract, including, as applicable, environmental conditions,
highway access and availability of sewer and water service.
C.
Impact on existing neighborhood character. Consideration
of the extent to which the proposed special exception will alter unduly
the character of the existing neighborhood and adjacent tracts and
the effectiveness of proposed or potential mitigation measures.
D.
Impact on circulation. Consideration of the effects
the proposed special exception may have on traffic patterns and volumes,
access and parking.
E.
Economic impact. Consideration of the character and
type of development proposed in terms of generating revenue for the
Borough and imposing demands on municipal services.
