A.
Title. A new chapter:
(1)
Dividing the Borough of Millersville into districts
with varying regulations;
(2)
Permitting, prohibiting, regulating and determining
the uses of land, watercourses and other bodies of water; the size,
height, bulk, location, erection, construction, repair, expansion,
razing, removal and use of structures; the areas and dimensions of
land and bodies of water to be occupied by uses and structures; as
well as yards and other open areas to be left unoccupied;
(3)
Establishing the maximum density and intensity of
uses;
(5)
Establishing provisions for the protection of certain
natural features.
B.
Short title. This chapter shall be known and be cited
as the "Millersville Borough Zoning Ordinance" of 2003.
C.
Procedural defects in enactment. Any procedural challenge
shall be filed in accordance with the Pennsylvania Municipalities
Planning Code and other applicable law.
D.
Repealer. Ordinance No. 1985-2 of the Borough of Millersville,
as amended, codified as Chapter 27, Zoning, of the Code of Ordinances
of the Borough of Millersville, and all amendments to Ordinance No.
1985-2 are hereby expressly repealed; provided, however, that the
provisions of Ordinance No. 1985-2 and all amendments thereto shall
be applied to all subdivision and land development applications and
plans to which such provisions are applicable under the requirements
of Section 508(4) of the Municipalities Planning Code;[2] and provided, further, that nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this chapter. All ordinances and parts of ordinances and all resolutions and parts of resolutions which are inconsistent herewith by virtue of references to or incorporation of requirements contained in Ordinance No. 1985-2 or an amendment thereto shall, as nearly as possible, be construed to reference this chapter. All sections and provisions of Ordinance No. 1975-2 of the Borough of Millersville, codified as Chapter 325, Subdivision and Land Development, of the Code of the Borough of Millersville, and all amendments thereto, are expressly saved from repeal.
[2]
Editor's Note: See 53 P.S. § 10508(4).
E.
Enactment. Under the authority conferred by the Pennsylvania
Municipalities Planning Code, as amended, the Borough Council of Millersville
Borough hereby enacts and ordains this chapter.
F.
Severability. In the event any provision, section, sentence, clause
or part of this chapter shall be held to be invalid, illegal or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses or parts of this chapter, it being the
intent of Borough Council that the remainder of the chapter shall
be and shall remain in full force and effect.
[Added 3-22-2016 by Ord.
No. 2016-01]
This chapter shall apply throughout the Borough of Millersville. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 380-4A.
This chapter is hereby adopted in accordance with the following purposes, which shall serve as community development objectives, in addition the purposes provided for each district in § 380-22:
B.
The goals and objectives of the Millersville Comprehensive
Plan and the County Comprehensive Plan; and
C.
The following additional objectives:
(1)
Incorporate the policy goals established by the Lancaster
County Planning Commission.
(2)
Promote innovative residential design that encourages
the creation of a sense of community for undeveloped parcels.
(3)
Provide diverse housing opportunities, including housing
that is affordable.
(4)
Encourage adaptive reuse and infill development.
(5)
Protect sensitive and important natural features from
indiscriminate development.
(6)
Stimulate economic development and revitalization
by attracting commercial uses (such as retail, service and specialty
stores) to appropriate areas.
(7)
Provide opportunities for home occupations of limited
intensity.
(8)
Promote the preservation of historic resources.
(9)
Coordinate future land and roadway functions to maximize
safe and efficient use of major roads.
(10)
Coordinate road improvements with planned roadway
functions, design standards and planned land uses.
(11)
Assure that future development provides for access
designs and planned locations that minimize traffic congestion and
safety problems. Encourage needed improvements to be completed by
developers.
(12)
Promote alternative means of transportation, such
as pedestrian movement, bicycles, public transit and carpooling.
(13)
Seek to minimize the need for zoning variances for
routine improvements.
A.
Applicability.
(1)
Any of the following activities or any other activity
regulated by this chapter shall only be carried out in conformity
with this chapter:
(a)
Erection, construction, movement, alteration,
razing, demolition, removal, placement or extension of a structure,
building or sign;
(b)
Change of the type of use or expansion of the
use of a structure or area of land;
(c)
Creation of a lot or alteration of lot lines;
and/or
(d)
Creation of a new use.
(2)
Zoning permit. A zoning permit indicates that a zoning
application complies with this chapter to the best knowledge of the
applicable Borough staff.
(a)
A zoning permit is required to be issued prior
to the start of any of the following activities:
(b)
The Borough may, at its option, issue combined
or separate building permits and zoning permits and/or may utilize
a single or separate applications for the permits.
(c)
Maintenance and repairs. A zoning permit shall
not be required for repairs or maintenance of a building, structure
or land, provided that such repair or maintenance does not change
the use or otherwise involve activities regulated by this chapter.
(3)
Certificate of use and occupancy.
(a)
It shall be unlawful to use and/or occupy any
structure, sign, land area or portion thereof for which a zoning permit
is required until a certificate of use and occupancy for such activity
has been issued by the Borough staff.
(b)
The Borough staff may permit the zoning permit
application to serve as the application for the certificate of use
and occupancy.
(c)
The certificate of use and occupancy shall only
be issued by the Zoning Officer if the Zoning Officer determines that
the activity complies with this chapter, to the best knowledge of
the Zoning Officer. The Borough may also withhold issuance of the
certificate until there is compliance with other Borough ordinances.
(d)
The applicant shall keep a copy of the certificate
of use and occupancy available for inspection.
(e)
Upon the request of an applicant, the Zoning
Officer may issue a temporary certificate of use and occupancy. Such
temporary certificate may permit an activity to occur in all or part
of a structure before the entire work covered by the permit has been
completed.
[1]
However, such temporary certificate shall only
be issued if the applicant proves to the Zoning Officer that the activity
or occupancy can occur safely without endangering public health or
safety.
[2]
The temporary certificate shall establish, in
writing, a maximum time period under which it is valid. A six-month
maximum time period shall apply if not otherwise specified.
[3]
Failure to receive a permanent certificate of
use and occupancy within such time period shall be a violation of
this chapter.
[4]
The temporary certificate may be conditioned
upon compliance with certain specific requirements within certain
time periods.
C.
Types of uses.
(1)
Permitted-by-right uses. The Zoning Officer shall
issue a permit under this chapter in response to an application for
a use that is permitted by right if it meets all of the requirements
of this chapter.
(2)
Special exception use or application requiring a variance.
A permit under this chapter for a use requiring a special exception
or variance shall be issued by the Zoning Officer only in response
to a written approval by the Zoning Hearing Board following a hearing.
(3)
Conditional use. A permit under this chapter for a
use provided as a conditional use shall only be issued by the Zoning
Officer in response to a written approval by the Borough Council,
after providing the Planning Commission with an opportunity for a
review.
D.
Applications.
(1)
Submittal. All applications for a zoning permit for
a decision by the Zoning Hearing Board shall be made in writing on
a form provided by the Borough Such completed application, with required
fees, shall be submitted to a designated Borough staff person.
(2)
Site plan. The applicant shall submit a minimum of
two copies (unless a different number is required by the Borough staff)
of a site plan with the application if the application involves a
new principal building, expansion of a principal building or addition
of three or more parking spaces. The site plan shall be drawn to scale
and show the following:
(a)
Locations, dimensions and uses of existing and
proposed structures, parking and loading areas, and locations of existing
and proposed uses of areas of land, with existing features clearly
distinguished from proposed features.
(b)
Notes showing the dimensions of all buildings
from lot lines and street rights-of-way.
(c)
Locations of any watercourses and any one-hundred-year
floodplain.
(d)
Proposed lot areas, lot widths and other applicable
dimensional requirements.
(e)
Locations and widths of existing and proposed
sidewalks.
(3)
Additional information. Any application under this
chapter shall include the following information, unless the Zoning
Officer determines such information is unnecessary to determine compliance
with this chapter:
(a)
The address of the lot;
(b)
The name and address of the applicant, and of
the owner of the property if different from the applicant;
(c)
A description of the proposed use of the property;
(d)
All other applicable information listed on the
official Borough application form; and
(e)
Such additional information that the Zoning
Officer may determine is reasonably necessary to determine compliance
with this chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable
lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential
operations and storage in sufficient detail to indicate potential
nuisances and hazards regarding noise, large truck traffic, glare,
odors, dust, fire or toxic or explosive hazards or other significant
public health and safety hazards;
[2]
A list of the maximum hours of operation;
(c)
The existing directions of stormwater flow (and
any proposed revisions) and any proposed methods of stormwater management;
(d)
A listing of any sections of this chapter being
appealed, with the reasons for any appeal;
(e)
Approximate locations of principal buildings
and locations of streets and alleys and zoning district boundaries
within 100 feet of the boundaries of the tract and a description of
uses of adjoining properties (such as drugstore or single-family detached
dwelling);
(f)
Heights, locations, methods of illumination
and intensity of exterior lighting and sign lighting;
(g)
The name and address of the person who prepared
the site plan;
(h)
Signed acknowledgment of the site plan by the
applicant; and
(i)
Such additional information required under applicable
sections of this chapter.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any
other zoning approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a
state road, a Borough zoning or building permit shall be automatically
conditioned upon issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold
or suspend a permit or approval issued under the provisions of this
chapter in case of one or more of the following:
(a)
Any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based; (Note: The Pennsylvania Criminal Code provides for penalties
for providing false information to a municipal employee in the carrying
out of his/her duties.)
(b)
Upon violation of any condition lawfully imposed
by the Zoning Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or
structures in such a way that does not comply with this chapter or
an approved site plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A person aggrieved or as otherwise provided
by state law may appeal decisions under this chapter within the provisions
of the State Municipalities Planning Code. Any such appeal shall occur
within the time period established in the State Municipalities Planning
Code. (As of the adoption date of this chapter, such provisions were
in Sections 914.1 and 1002-A.[1])
[1]
Editor's Note: See 53 P.S. §§ 10914.1
and 11002-A.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may
be issued by the Zoning Officer for any of the following:
(a)
Customary, routine and accessory short-term
special events, provided that only a well-established nonprofit organization
or a permitted place of worship proposing a temporary use to clearly
primarily serve a charitable, public service or religious purpose
shall be eligible to receive approval for commercial-type activities
in a district where a commercial use would not otherwise be permitted;
(b)
Temporary storage and office trailers that are
necessary to serve on-site construction, white such construction is
actively underway;
(c)
Such other activities that the applicant proves
are routine, customary and temporary.
(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 six-month maximum period shall apply. A temporary permit may
be renewed for just cause.
H.
Compliance with Chapter 325, Subdivision and Land Development. If an application under this chapter would also be regulated by Chapter 325, Subdivision and Land Development ("SALDO"), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.
(1)
For example, if an applicant applies for a single-family
detached dwelling on a proposed new lot, the construction permit for
such dwelling shall not be valid until after the lot is granted final
subdivision approval and the lot is officially recorded by the County
Recorder of Deeds.
B.
After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant. See time limits on permits in § 380-12G.
A.
Minimum requirements. Where more than one provision
of this chapter controls a particular matter, the provision that is
more restrictive upon uses and structures shall apply. The provisions
of this chapter are in addition to any other applicable Borough ordinance.
B.
Uses not specifically regulated. If a use clearly
is not permitted by right or as a special exception use by this chapter
within any zoning district, the use is prohibited; except that the
Zoning Hearing Board may permit such use as a special exception use
if the applicant specifically proves to the clear satisfaction of
the Zoning Hearing Board that all of the following conditions would
be met:
(1)
The proposed use would be less intensive in external
impacts and nuisances than uses that are permitted in the district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 380-59F;
(3)
The use would meet the standards that would apply under § 380-17C to a special exception use; and
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of chapter text and boundaries.
(1)
The Zoning Officer shall literally apply the wording
of this chapter and the location of all district boundaries to particular
applications. In any case, the Zoning Officer may also request an
advisory opinion from the Borough Solicitor or the Zoning Hearing
Board Solicitor to aid in the Zoning Officer's determination.
All of the enforcement, violations and penalty
provisions of the State Municipalities Planning Code, as amended,
are hereby incorporated into this chapter by reference. (Note: As
of the adoption date of this chapter, these provisions were primarily
in Sections 616.1, 617 and 617.2 of such act.[1])
A.
Violations. Any person who shall commit or who shall
permit any of the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to a change
in use of land or structure, or the erection, construction or alteration
of any structure or portion thereof, or the excavation of land to
prepare for the erection, construction or alteration of any structure
or portion thereof.
(2)
Placement of false statements on or omitting relevant
information from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not
comply with a zoning permit.
(4)
Violation of any condition imposed by a decision of
the Zoning Hearing Board in granting a variance or special exception
or other approval.
(5)
Violation of any condition imposed by a decision of
the Borough Council in granting a conditional use.
B.
Enforcement notice. If the Borough has reason to believe
that a violation of a provision of this chapter has occurred, the
Borough shall initiate enforcement proceedings by sending an enforcement
notice as provided in Section 616.1 of the State Municipalities Planning
Code.[2] Prior to sending an official enforcement notice, the Zoning
Officer may, at his/her option, informally request compliance.
[2]
Editor's Note: See 53 P.S. § 10616.1.
C.
Time limits. An official enforcement notice shall
state the deadline to complete bringing the property into compliance
with this chapter and shall state that the applicant has 30 days from
the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies. The “causes
of action” and “enforcement remedies” provisions
of the State Municipalities Planning Code, as amended, are hereby
incorporated by reference. (Note: As of the adoption date of this
chapter, such provisions were in Section 617 of such law.[3])
(1)
Enforcement action. If the enforcement notice is not
complied with promptly, the Zoning Officer shall notify the Borough
Council. The Zoning Officer may also institute a civil enforcement
proceeding before a Magisterial District Judge. Also, the Borough
Council may request the Borough Solicitor to institute in the name
of the Borough any appropriate action or proceeding at law or in equity
to prevent, restrain, correct or abate such violation or to require
the removal or termination of the unlawful use of the structure, building,
sign, landscaping or land in violation of the provisions of this chapter
or the order or direction made pursuant thereto.
(2)
Violations and penalties. Any person who 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 the reasonable attorney's fees incurred
by the Borough as a result thereof. No judgment shall commence or
be imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Judge. 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 a Magisterial District Judge, determining that there has been
a violation, further determines that there was a good-faith basis
for the person 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 Magisterial District Judge;
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney's
fees collected for the violation of this chapter shall be paid over
to the Borough for the general use of the Borough.
(3)
Remedies. In case any building, structure, sign or
landscaping is erected, constructed, reconstructed, altered, repaired,
converted or maintained; or any building, structure, sign or land
is used; or any hedge, shrub, tree or other growth is maintained in
violation of this chapter or of any of the regulations made pursuant
thereto or any of the permits or certificates of use and occupancy
issued under this chapter or any conditions imposed upon the grant
of a special exception or variance by the Zoning Hearing Board or
upon the grant of a conditional use, then, in addition to any other
remedies provided by law, any appropriate action or proceeding may
be instituted or taken to prevent or restrain such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use or to prevent any illegal act, conduct, business or use in
and about such premises.
[3]
Editor's Note: See 53 P.S. § 10617.
[1]
Editor's Note: See 53 P.S. §§ 10616.1,
10617 and 10617.2
A Borough Fee Schedule for permits and applications
may be established and amended by written resolution of the Borough
Council.[1] No application or appeal shall be considered filed until
all fees are paid.
Within the requirements of the State Municipalities
Planning Code, the Borough Council may amend or repeal any or all
portions of this chapter on:
A landowner or the Borough Council may utilize
the curative amendment provisions of the State Municipalities Planning
Code. (Note: As of the adoption date of this chapter, these provisions
were in Sections 609.1, 609.2 and 916.1 of such act.[1])
[1]
Editor's Note: See 53 P.S. §§ 10609.1,
10609.2 and 10916.1.
A.
Appointment. The Zoning Officer shall be appointed
by the Borough Council. The Borough Manager may designate other persons
to serve as Assistant Zoning Officer(s). Such designations shall be
subject to concurrence by the Borough Council. Assistant Zoning Officers
may serve with the same authority and duties as the Zoning Officer.
The Zoning Officer shall not hold any elective office within the Borough
but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and
powers shall include the following:
(1)
Administer this chapter in accordance with its literal
terms, including receiving and examining all applications required
under the terms of this chapter, and issue or refuse permits within
the provisions of this chapter;
(2)
Conduct inspections to determine compliance and receive
complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates,
written decisions, and variances granted by the Board and of enforcement
orders, with all such records being the property of the Borough and
being available for public inspection;
(4)
Review proposed subdivisions and land developments
for compliance with this chapter; and
(5)
Take enforcement actions as provided by the State
Municipalities Planning Code, as amended.
A.
Membership of Board. The Zoning Hearing Board shall
consist of five residents of the Borough appointed by the Borough
Council. The existing terms of office shall continue, with terms of
office being five years, and with the terms being 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.
(1)
Alternate members. The Borough Council may appoint
alternate members of the Zoning Hearing Board within the applicable
provisions of the State Municipalities Planning Code. [Note: As of
the adoption date of this chapter, such provisions were in Section
903(b) of such act.[1]]
[1]
Editor's Note: See 53 P.S. § 10903(b).
B.
Vacancies. Appointments to fill vacancies shall be
only for the unexpired portion of a term.
D.
Zoning Hearing Board jurisdiction and functions. The
Zoning Hearing Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(2)
(3)
Variances.
(a)
The Board shall hear requests for variances
filed with the Borough staff in writing.
(b)
Standards. The Board may grant a variance only
within the limitations of state law. (Note: As of the adoption date
of this chapter, the Municipalities Planning Code provided that all
of the following findings must be made,[5] where relevant:
[1]
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]
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 a variance is
therefore necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created
by the appellant;
[4]
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]
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.)
[5]
Editor's Note: See 53 P.S. § 10910.2(a).
(c)
In granting any variance, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this chapter.
(4)
Special exceptions.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 380-17.
(b)
Conditions. 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 and intent of this chapter.
(5)
Persons with disabilities. After the Zoning Officer
receives a complete written application, the Zoning Hearing Board
shall grant a special exception allowing modifications to specific
requirements of this chapter that the applicant proves to the satisfaction
of the Zoning Hearing Board are necessary to provide a reasonable
accommodation under applicable federal law to serve persons who the
applicant proves have disabilities, as defined in and protected by
such laws.
(a)
Such reasonable accommodations shall be requested
in accordance with the United States Fair Housing Amendments Act of
1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities
Act, 42 U.S.C. § 12101 et seq., and the federal regulations
adopted pursuant to such statutes, as amended.
(b)
If the applicant is requesting a reasonable
accommodation under the United States Fair Housing Amendments Act
of 1988 or the Americans with Disabilities Act, the applicant shall
identify the disability which is protected by such statutes, the extent
of the modification of the provisions of this chapter necessary for
a reasonable accommodation, and the manner by which the reasonable
accommodation requested may be removed when such person with a protected
disability no longer will be present on the property.
G.
Time limits on permits and approvals.
(1)
Unless otherwise provided by the Zoning Hearing Board
or the Borough Council in a decision granting approval, after a variance
is approved or other zoning approval is officially authorized, then
any applicable zoning and building permits shall be secured by the
applicant within 12 months after the date of such approval or authorization.
The work authorized by any zoning permit shall then be completed and
the use initiated within 12 months after the issuance of the permits.
See the Building Code for the expiration date of building permits.[9]
[9]
Editor's Note: See Ch. 105, Code Enforcement.
(2)
Extension. Unless otherwise provided by the Zoning
Hearing Board or the Borough Council in a decision granting approval,
in response to an applicant stating good cause in writing, the Zoning
Officer may extend, in writing, the time limit for completion of work
to a maximum total of 36 months after permits are issued.
(3)
If an applicant fails to obtain the necessary permits
or begin construction within the above time periods or allows interruptions
in substantial construction of longer than 12 months, the Zoning Officer
may conclusively presume that the applicant has waived, withdrawn
or abandoned approvals and permits under this chapter and may consider
all such approvals and permits to have become null and void.
H.
Multiple and pending applications.
(1)
Legislative intent. The consideration of multiple
applications for a single property at the same time creates substantial
additional administrative work for the Borough staff and the volunteer
members of the Zoning Hearing Board. The Borough staff must maintain
multiple files with differing time limits within which the Zoning
Hearing Board is required to schedule hearings and render decisions.
The Borough staff and the Zoning Hearing Board must also ensure that
each submission, letter, or other document is properly included in
the record of one or more of the multiple application files, as appropriate.
Documents which cannot be easily reproduced, such as plans, or documents
which are bulky must be cross-referenced. The Borough incurs costs
to store plans and other documentation associated with an application,
which are increased by having to retain copies in each file and to
cross-reference each application. The costs to the Borough which arise
from multiple applications at one time relating to a single property
are greater than the Borough's costs to administer single applications
for various properties.
(2)
Number of applications which may be pending. No more
than one application for the same property shall be pending before
the Zoning Hearing Board at any time. If an applicant files a second
or subsequent application with the Zoning Hearing Board while an application
for the same property is pending, the Zoning Hearing Board shall schedule
a hearing for the second or subsequent application as required by
the Municipalities Planning Code and may deny the second or subsequent
application for violation of this section unless that applicant has,
in writing, withdrawn the application for the property which was pending
on the date the second or subsequent application was filed.
(3)
Reconsideration. After the Zoning Hearing Board has
rendered a decision or after a court of competent jurisdiction has
rendered a final determination upon an appeal from a decision of the
Zoning Hearing Board on an application for a special exception, the
applicant, his successors and assigns shall not be permitted to file
an application for a special exception under the same section of this
chapter for a period of one year from the date of the decision of
the Zoning Hearing Board or order of the court, whichever is later.
Any reapplication for a special exception under the same section of
this chapter shall be considered a request for a reconsideration of
the Zoning Hearing Board's decision. The Zoning Hearing Board does
not have jurisdiction to reconsider a decision. If an applicant files
an application for such a reconsideration, whether or not the applicant
terms his application a request for reconsideration, the Zoning Hearing
Board shall schedule a hearing on the application for reconsideration
in accordance with the requirements of the MPC and may deny the application
for violation of this section and because the Zoning Hearing Board
does not have such jurisdiction under Municipalities Planning Code
Section 909.1(a).[10] Nothing contained herein shall prevent the Zoning Hearing
Board from denying an application for a special exception, application
for a variance, challenge to the validity of this chapter, or appeal
from a determination of the Zoning Officer based upon res judicata,
collateral estoppel or other concepts of issue preclusion.
[10]
Editor's Note: See 53 P.S. § 10909.1(a).
The following requirements shall apply to procedures,
hearings and decisions of the Zoning Hearing Board:
A.
Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(2)
Posting. Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3)
Persons given notice. The Borough shall provide written
notice to the applicant of the time and place of the hearing. The
Borough should also provide notice to the President of the Borough
Council. In addition, the Borough should provide notice to the last
known principal owner of record of each property that is immediately
adjacent to or immediately across a street from the subject property;
however, failure to provide such notice shall not be grounds for an
appeal. Also, such notice shall be given to any other person or group
(including civic or community organizations) who has made a written
timely request for such notice. Any such notices should be mailed
or delivered to the last known address.
B.
Initiation of hearings. A hearing required under this
chapter shall be initiated within 60 days of the date of an applicant's
request for a hearing, unless the applicant has agreed, in writing,
to an extension of time.
C.
Decision/findings.
(2)
The Board shall render a written decision on each
application within 45 days after the last hearing on that application
before the Board, unless the applicant has agreed, in writing, to
an extension of time.
(3)
Where the application is contested or denied, the
decision shall be accompanied by findings of fact and conclusions
based thereon, together with the reasons for such conclusions.
(4)
References shall be provided to the most pertinent
section(s) of this chapter and/or the State Municipalities Planning
Code.
D.
Notice of decision. A copy of the final decision shall
be personally delivered or mailed to the applicant or his/her representative
at his/her last known address not later than the time limit established
by the State Municipalities Planning Code, as amended. [Note: As of
the adoption date of this chapter, such provisions were within Sections
908(9) and 908(10) of such act, including provisions regarding notice
to other parties.[3]]
[3]
Editor's Note: See 53 P.S. §§ 10908(9)
and 10908(10).
The provisions for appeals to court that are
stated in the State Municipalities Planning Code, as amended, shall
apply. (Note: As of the adoption date of this chapter, these provisions
were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A
of such act.[1])
[1]
Editor's Note: See 53 P.S. §§ 11001-A,
11002-A, 11003-A, 11004-A, 11005-A and 11006-A.
See the provisions of the State Municipalities
Planning Code, as amended. (Note: As of the adoption date of this
chapter, such provisions were within Section 619 of such act.[1])
[1]
Editor's Note: See 53 P.S. § 10619.
The minimum lot area, minimum lot width and
minimum street frontage requirements of this chapter shall not apply
to uses or structures owned by Millersville Borough or by a municipal
authority created solely by Millersville Borough for uses and structures
that are intended for a public utility, stormwater or public health
and safety purpose.
A.
Purpose. The special exception process is designed
to allow careful review of uses that have some potential of conflicts
with adjacent uses or areas.
B.
Special exception procedure.
C.
Consideration of special exception applications. When
special exceptions are provided for in this chapter, the Board shall
hear and decide requests for such special exceptions in accordance
with stated standards and criteria for the use and the following standards
for special exceptions. The burden of proof shall rest with the applicant.
(1)
Compliance with this chapter. The applicant shall
establish by credible evidence compliance with all conditions of the
special exception enumerated in the section which gives the applicant
the right to seek the special exception. The applicant shall provide
the Zoning Hearing Board (or the Borough Council in the case of a
conditional use) with sufficient plans, studies or other data to demonstrate
compliance with all applicable regulations.
(2)
Compliance with other laws. The applicant shall establish
by credible evidence compliance with all applicable Borough, state
and federal ordinances, statutes and regulations. The applicant shall
provide the Board (or the Borough Council in the case of a conditional
use) with sufficient plans, studies or other data to demonstrate compliance
with all applicable regulations.
(3)
Traffic and public services. The applicant shall establish
by credible evidence that the proposed special exception shall be
properly serviced by all existing public service systems. The peak
traffic generated by the subject of the application shall be accommodated
in a safe and efficient manner or improvements shall be made in order
to effect the same. Similar responsibilities shall be assumed with
respect to other public service systems, including but not limited
to fire protection, parks and recreation, and utilities.
(4)
Site planning. The applicant shall establish by credible
evidence that the proposed special exception shall be, in and of itself,
properly designed with regard to internal circulation, parking, buffering,
and all other elements of proper design as specified in this chapter
and any other governing law or regulation.
(5)
Neighborhood. The proposed use shall not substantially
injure or detract from the use of neighboring property or from the
desirable character of the neighborhood, and the use of property adjacent
to the area included in the special exception application shall be
adequately safeguarded.
(6)
Safety. The applicant shall establish by credible
evidence that the proposed use will not create a significant hazard
to the public health and safety, such as fire, toxic or explosive
hazards.
(7)
Historic impact. The application shall reasonably
minimize negative impacts upon historically significant buildings
on the same lot, as viewed from a street.
D.
Conditions. In granting a special exception, the Board
may require such reasonable conditions and safeguards (in addition
to those expressed in this chapter) as it determines are necessary
to implement the purposes of this chapter. Conditions imposed by the
Zoning Hearing Board shall automatically become conditions of the
building permit issued pursuant thereto, and any failure to comply
with said conditions shall be a violation of this chapter.
A.
Any review of activity within the floodplain, site
plan review, subdivision or land development approval, erosion control
review, wetland delineation review, stormwater runoff review, review
of activity on steep slopes, or any other review, approval or permit
under this chapter by an officer, employee, board, commission, solicitor,
consultant or agency of the Borough shall not constitute a representation,
guaranty or warranty of any kind by the Borough or its employees,
officials, boards, solicitor(s), consultants or agencies of the practicality
or safety of any structure, use or subdivision and shall create no
liability upon nor a cause of action against such entity or person
for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the Borough shall not be liable for any later lawful
withdrawal of such permit.
A.
Purpose. The conditional use approval process is designed
to allow the Borough Council the opportunity to review and render
a decision upon certain activities and uses that could have a significant
impact upon the Borough.
B.
Procedure. Applications for conditional use approvals
shall meet all requirements in the sections of this chapter which
authorize such conditional use. The Borough Council shall consider
the conditional use application and render its decision in accordance
with the requirements of the Municipalities Planning Code.
C.
Consideration of conditional use application. When a conditional use is provided for in this chapter, the Borough Council shall hear and decide requests for such conditional use in accordance with the applicable standards and criteria for the use and the standards of § 380-17C, which are hereby included by reference. The Borough Council may grant approval of a conditional use, provided that the applicant complies with all of the applicable standards and criteria. The burden of proof shall rest with the applicant.
D.
Conditions. The Borough Council, in approving conditional
use applications, may attach 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 district. 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.
E.
Multiple and pending applications. Multiple and pending applications shall be subject to the provisions of § 380-12H of this chapter, substituting "Borough Council" for "Zoning Hearing Board" each time such phrase appears.
F.
Modifications.
(1)
The Borough Council may, by conditional use approval,
permit the modification of the provisions of this chapter which authorize
the granting of the conditional use for cluster development or traditional
neighborhood development, including but not limited to provisions
relating to the percentage of types of dwelling units and the amount
of commercial development, in order to encourage cluster and/or traditional
neighborhood development. A landowner desiring to obtain such conditional
use approval shall, when making an application for the conditional
use as required by this section, also make application for conditional
use approval under this § 380-17F. The Borough Council shall
consider both conditional use approval requests simultaneously. However,
the granting of a modification shall not have the effect of making
null and void the intent and purpose of the section authorizing traditional
neighborhood development. Any conditional use to permit a modification
of the requirements governing cluster development or traditional neighborhood
development shall be subject to the following standards:
(a)
The design and improvement of the development
shall be in harmony with the purpose and intent of this chapter.
(b)
The design and improvement of the development
shall generally enhance the development plan or in any case not have
an adverse impact on its physical, visual or spatial characteristics.
(c)
The design and improvement of the development
shall generally enhance the streetscape and neighborhood or in any
case not have an adverse impact on the streetscape and neighborhood.
(d)
The modification shall not result in configurations
of lots or street systems which shall be impractical or detract from
the appearance of the proposed development.
(e)
The proposed modification shall not result in
any danger to the public health, safety or welfare by making access
to the dwellings by emergency vehicles more difficult, by depriving
adjoining properties of adequate light and air or by violating the
other purposes for which zoning ordinances are to be enacted under
Section 604(1) of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10604(1).
(f)
Landscaping and other methods shall be used
to ensure compliance with the design standards and guidelines of this
chapter.
(g)
The minimum lot size of any lot to be created
shall not be reduced below the requirements of this chapter relating
to cluster development or traditional neighborhood development, as
applicable.
(h)
The landowner shall demonstrate that the proposed
modification will allow for equal or better results and represents
the minimum modification necessary.
(2)
If the Borough Council determines that the landowner
has met his burden, it may grant a modification of the requirements
of this chapter. In granting modifications, the Borough Council may
impose such conditions as will, in its judgment, secure the objectives
and purposes of this chapter.
