This chapter is hereby adopted:
A. In accordance with the requirements and purposes (including
Section 604 or its successor section, which is included by reference)
of the Pennsylvania Municipalities Planning Code, as amended.
B. In accordance with the community development goals
and objectives (which are included by reference) of the City of Scranton
Comprehensive Master Plan of 1992 (as may be amended), which constitutes
an overall program.
C. In consideration of the character of the City, its
various parts and the suitability of the various parts for particular
uses and structures.
D. To assist in carrying out the purposes and provisions of the Constitution of the Commonwealth of Pennsylvania (especially Article
I, Section 27), the Pennsylvania Flood Plain Management Act, Pennsylvania Storm Water Management Act, Pennsylvania Department of Environmental Protection (DEP)
regulations on erosion and sedimentation control, Pennsylvania Department
of Transportation regulations on highway access control and other
relevant federal and state laws, regulations, official policies and
relevant court decisions.
E. To protect property values and protect existing desirable
residential neighborhoods from incompatible intrusions.
A landowner who desires to challenge on substantive
grounds the validity of this chapter, which prohibits or restricts
the use or development of land in which he/she has an interest, may
submit a curative amendment to the City Council with a written request
that this challenge and proposed amendment be heard and decided as
provided in the Pennsylvania Municipalities Planning Code.
The Board shall conduct hearings and make decisions
in accordance with the following:
A. Notice of hearings. Notice of all hearings of the
Board shall be given as follows:
(1) Ad. Public notice shall be published, as defined by
§ 107 of the Pennsylvania Municipalities Planning Code. The notice shall state the time and place of the hearing
and the particular nature and property address of the matter to be
considered.
(2) Posting. Notice of such hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing. It is the responsibility of the applicant to ensure that
such notice is posted and remains posted until the hearing. Such notice
shall state the time and place of the hearing and a general description
of the request.
(3) Persons given notice.
(a)
Written notice shall be mailed or personally
delivered to the applicant or his/her representative listed on an
official application form.
(b)
Notice should be delivered or mailed to the
Chairperson of the Planning Commission, the Mayor, the Clerk of the
City Council, the president of the appropriate official City-recognized
neighborhood association and the last known address of owners of record
of property abutting or directly across the street from the boundaries
of the subject property. The applicant shall provide the City with
a list of such property owners. Failure of the City to notify all
such persons shall not invalidate any action by the Board.
(c)
Also, such notice shall be mailed or delivered
to the address of any other person or group (including civic or community
organizations) who has made a written timely request (including an
address) for such notice.
(d)
All notices under this subsection should be
intended to be received or posted at least five days prior to the
hearing date.
(4) Adjacent municipalities. In any matter which relates
to a lot which lies within 250 feet of the boundary of another municipality,
except boundaries separated by a perennial river, and where the Zoning
Officer determines the proposed activity may have significant impact
on that municipality, the City staff should transmit to the offices
of the adjacent municipality a copy of the official notice of the
public hearing on such matter prior to the hearing date. Representatives
of such adjacent municipality shall have the right to appear and be
heard at the public hearing.
(5) Fees. The City Council may, by resolution, establish
a reasonable fee schedule, based on cost, to be paid by:
(a)
The applicant for any notice required by this
chapter; and
(b)
Those persons requesting any notice not required
by this chapter.
B. Parties in hearings.
(1) The parties to a hearing shall be the City, any person
affected by the application who has made timely appearance of record
before the Board, representatives of any legitimate civic or community
organization and any other person permitted to appear before the Board.
(2) The Board shall have the power to require that all
persons who wish to be considered parties enter appearances, in writing,
on forms provided by the Board for that purpose.
C. Oaths and subpoenas. The Chair of the Board or hearing
officer 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 reasonably
needed by and requested by the parties.
D. Representation by counsel. The parties shall have
the right to be represented by legal counsel and shall be afforded
the opportunity to respond and present evidence and argument and cross-examine
adverse witnesses on relevant issues.
E. Evidence and record. Formal rules of evidence shall
not apply, but irrelevant, immaterial or unduly repetitious evidence
may be excluded. The Board or the hearing officer, as applicable,
shall keep a record of the proceedings as required by state law.
F. Communications outside of hearings.
(1) The Board shall not meet with, visit the site with
or directly communicate specifically on the matter with the applicant
or any officially protesting party or their representatives in connection
with any issue involved, except if opportunity is provided for the
applicant and any officially protesting party to participate.
(2) The Board shall not take notice of any communication,
reports, staff memoranda or other materials directly affecting a proposed
application unless the parties are afforded an opportunity to examine
and contest the material so noticed or unless such materials are already
a matter of public record. This restriction shall not apply to advice
from the Board's Solicitor.
G. Advisory reviews. The Zoning Hearing Board may request
that the Planning Commission, County Conservation District or City
Engineer provide an advisory review on any matter before the Board.
H. 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. A request for a hearing by an applicant shall
not be accepted prior to submission of a duly filed application.
I. Decision/findings.
(1) The Board shall render a written decision or make
written findings (when no decision is called for) 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.
(2) 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.
(3) Any conclusion based on any provision of the Pennsylvania
Municipalities Planning Code or of this chapter should contain a reference
to the provision relied on.
J. Notice of decision. A copy of the final decision or
a copy of the findings (when no decision is called for) shall be personally
delivered or mailed to the applicant or his/her representative at
their last known address not later than the time limit established
by § 907 of the Pennsylvania Municipalities Planning Code.
K. Solicitor conflict.
(1) The Zoning Hearing Board Solicitor shall not represent
private clients in cases before the Zoning Hearing Board or the Planning
Commission.
(2) If a conflict of interest exists for the Zoning Hearing
Board Solicitor on a particular application before such Board, the
Zoning Hearing Board Solicitor shall notify the Chairperson of the
Board at least seven days before the scheduled hearing date.
(3) The City Council may appoint an alternate solicitor
to the Zoning Hearing Board to serve as needed for a specific application
or for a term of office.
See § 619 of the State Planning Code.
The minimum lot area requirements of this chapter
shall not apply to uses or structures owned by the City of Scranton
for uses and structures that are intended for a legitimate governmental,
recycling, public recreation, stormwater control or public health
and safety purpose.
The following information, as applicable, shall be submitted by the applicant for any conditional use or any use required to submit a site plan under §
445-16 or
445-18, except for information waived by the Zoning Officer as not applicable or necessary:
A. A statement describing the proposed use.
B. Layout. A site layout drawn to scale (one inch equals
20 feet; one inch equals 30 feet; one inch equals 40 feet; one inch
equals 50 feet; or another scale preapproved by the Zoning Officer
or City Engineer) showing the location, dimensions and area of each
lot; the location, dimensions and height of proposed and any existing
structures; the required setback areas; the proposed density of residential
uses; the location and width of proposed or abutting streets; and
the proposed areas to be used for different purposes within the development,
including outdoor storage or display areas. If the plan involves one
phase of what eventually may be a larger development, then the interrelationships
of those phases shall be shown.
C. Landscaping. The width of any buffer yard and the
heights, spacing and general species of plants to be used for screening;
general numbers, locations and types of landscaping to be provided
in off-street parking lots, along streets and in other areas.
D. Parking. The locations and numbers of parking spaces; the location and widths of aisles; the location and sizes of off-street loading areas; and the method of calculating the off-street parking requirement, based upon Article
VI.
E. Lighting and signs. The height, location and approximate
intensity of exterior lighting; the sign area, height, location and
general method of lighting of signs.
F. Sidewalks. The location of any proposed sidewalks
(with width) and curbing.
G. Utilities. The proposed method of providing wastewater
treatment and water supply (such as public water and public sewage
services extended 100 feet from existing mains).
H. Nuisances and safety. A description of any proposed
industrial or commercial operations or storage in sufficient detail
to indicate potential nuisances and hazards regarding noise, large
trucks, glare, air pollution, odors, dust, fire or toxic or explosive
hazards or other significant hazards to the public health and safety,
together with proposed methods to control such hazards and nuisances.
I. Grading and stormwater. Proposed and existing contours
if earth disturbance is proposed (at two-foot contours or other contours
preapproved by the City Engineer or Zoning Officer); identification
of any slopes between 15% and 25% and greater than 25% that are proposed
to be impacted; the proposed method of managing stormwater runoff;
the delineation of any floodplains from the official floodplain maps
and any wetlands in areas proposed to be disturbed.
J. Map. A location map showing the relation of the project
to surrounding streets; approximate lot lines of abutting lots within
50 feet of the project, with identification of abutting land uses.
K. Zoning district and major applicable requirements.
L. Preparer. The name and address of the person who prepared
the site plan (which shall be a registered engineer, architect, landscape
architect or surveyor, who shall certify such plan), the applicant
and the owner of record of the land.
N. Certification of ownership and acknowledgment of plan,
signed by the owner or developer.
O. Applicable signature blocks.
P. Such other data or information as the Zoning Officer
deems is reasonably necessary to determine compliance with City ordinances.
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(*NOTE: This information is not required on
a zoning site plan if such information will be submitted on a subdivision
or land development plan for the use or for information that would
be approved under a City stormwater management ordinance adopted pursuant
to State Act 167 of 1978.)
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The following advisory guidelines are intended
to assist applicants and the City in developing well-planned developments:
A. Natural features. Seek to minimize grading changes
and removal of mature trees; seek to preserve the natural beauty of
highly visible areas; seek to preserve land along creeks and steep
hillsides.
B. Circulation. Seek to separate pedestrian circulation
from major routes of vehicle traffic; minimize the number of access
points along major roads; avoid parking spaces backing into through
traffic routes; ensure adequate capacity of driveways and drive-through
lanes to avoid traffic backing onto streets.
C. Utilities. Seek to place as many utility lines as
possible underground.
D. Signs. Seek to minimize the lighting intensity of
signs; seek to avoid signs with overly bright, less attractive colors;
consider use of ground-mounted or wooden signs.
E. Compatibility. Seek to locate noisier and less compatible
uses (such as loading docks) as far away from homes as possible; seek
to screen out views of less attractive activities from streets and
homes.