[HISTORY: Adopted by the Council of the Borough of Punxsutawney as
Ch. 19, Art. II, of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 235.
The Zoning Hearing Board, hereinafter referred to as the "Board," shall
be maintained according to the Pennsylvania Municipalities Planning Code,
Act 247 of 1968, Article IX, being Title 53 of Purdon's Pennsylvania
Statutes, § 10901 et seq. and all updating amendments thereto, and
as specified in the following sections.
[Amended 7-10-1978 by Ord. No. 845]
Public notice shall be given by advertising at least once each week
for two successive weeks in a newspaper of general circulation in the Borough.
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 or less than 14 days from the date of the hearing.
Notice shall also be mailed or otherwise presented to the applicant, the County
Planning Commission, the local Planning Commission, the Borough Council, the
Borough Manager, the Mayor and to any person who has made timely request for
the same. Notice shall also be sent to adjacent property owners and occupants
of lot on the same street within 200 feet of the lot or building in question
and to every property owner not on the same street within 100 feet of the
lot or building in question. Failure to send or to receive such written notice
as required in this section shall not invalidate any action of or by the Board.
Whenever the Board, after hearing all the evidence presented upon an
application or appeal, under the provisions of the Zoning Ordinance[1] denies the same, said Board shall refuse to hold further hearings
on the same or substantially similar application or appeal by the same applicant
or his successor or assignee for a period of one year, except and unless the
Board shall find and determine from the information supplied by the request
for a rehearing that changed conditions have occurred relating to the promotion
of the public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified.
The Board has the power to grant variances and special exceptions, to
make interpretations and to authorize temporary use and occupancy, after due
notice and hearing, as to a structure in any district for a purpose that does
not conform to the district requirements, provided that such occupancy and
use is truly of a temporary nature and subject to any reasonable conditions
and safeguards which the Board may impose to minimize any injurious effect
upon the neighborhood or to protect contiguous property. The approval of the
Board and any permit based thereon for such temporary occupancy and use shall
not be granted for a period of more than three months and shall not be renewable
more than once in any period of less than 12 months.
Unless otherwise specified by the Board, a decision on any appeal or
request for a variance shall expire if the applicant fails to obtain any necessary
building permit or comply with the conditions of said authorized permit within
six months from the date of the decision.
Every variance granted by the Board shall, in appropriate cases, be
made subject to such conditions and safeguards as the Board shall deem to
be applicable to the particular case. All conditions and safeguards shall
be designed by the Board to protect the public health, safety, morals and
general welfare and shall be further designed to provide reasonable consideration
for the protection of the surrounding neighborhood.
All appeals from a decision of the Zoning Official and applications
to the Board shall be in writing on forms prescribed by the Board and shall
include a plot plan and/or relative detailed plans as specified by the Zoning
Official.
[Amended 8-14-1978 by Ord. No. 846; 8-31-1987
by Ord. No. 943]
Fees for a zoning appeal hearing shall be as established from time to
time by resolution of the Borough Council.
