This chapter is hereby adopted:
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.[2]
[2]
Editor's Note:The goals and objectives and
the Comprehensive Master Plan are on file in the City offices.
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,[3] 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.
[3]
Editor's Note: See 32 P.S. § 679.101
et seq. and 32 P.S. § 680.1 et seq., respectively.
E.
To protect property values and protect existing desirable
residential neighborhoods from incompatible intrusions.
A.
Any activity regulated by this chapter shall only
occur in such a way that conforms with the regulations of this chapter.
C.
Any of the following activities or any other activity
regulated by this chapter shall only be carried out after receipt
of any required approval or permit and in compliance with this chapter:
(1)
Erection, construction, movement, placement or extension of a structure, building or sign, except for signs that Article VII, Signs, specifically states do not require a permit;
(2)
Change of the type of use or expansion of the use
of a structure or area of land; and/or
(3)
Creation of a lot or alteration of lot lines.
D.
E.
All readers maintain the responsibility to procure
the latest amendments to this chapter.
B.
Previous enforcement actions. The passage of this
chapter shall not suspend or inhibit the enforcement of sections of
the preexisting City of Scranton Zoning Ordinance upon actions regulated
under that chapter, except that such applicant may apply for approval
under this chapter. If the Zoning Officer determines that the action
of the applicant that was alleged to be unlawful under the previous
zoning ordinance would now be lawful under this chapter, then such
enforcement action may be withdrawn by the City.
C.
Burden of proof. The burden of proof shall be upon
an applicant to prove that:
A.
Fee schedule. Unless and until revised by resolution
of City Council, the following fee schedule shall apply to actions
under this chapter, in addition to fees provided for in the City's
building codes.[1] All such fees shall be paid in advance:
(1)
Certificates of nonconformance: $5.
(2)
Occupancy permit: $20, unless another fee is provided
for in the City building codes.
(3)
Request for amendment of the Zoning Ordinance or Zoning
Map, including a curative amendment: $300 for each proposed amendment,
plus the applicant shall reimburse the City for expenses for all required
legal advertisements.
(4)
Written statement of zoning compliance (when requested):
$2 for a written statement of the zoning district or floodplain district
a property is within; $5 for any other written statement of compliance.
If such statement is intended to state compliance of an existing use
with specific requirements, then the applicant must, in advance, provide
a signed written statement describing the use, the setbacks and such
additional information as needed to determine compliance.
(5)
Fees for submittal to the Zoning Hearing Board for
a variance or special exception or to the City Council as a conditional
use shall be as follows:
|
Construction/Alteration Cost
|
Permit Charge
| |
|---|---|---|
|
$0.00 to $5,000.00
|
$100.00
| |
|
$5,001.00 to $50,000.00
|
$175.00
| |
|
$50,001.00 to $100,000.00
|
$250.00
| |
|
$100,001.00 to $500,000.00
|
$325.00
| |
|
$500,001.00 to $1,000,000.00
|
$400.00
| |
|
$1,000,001.00 and over
|
$400.00 per million dollars of construction
cost or fraction thereof up to a maximum fee of $3,000.00
|
B.
Consideration of application or appeal. No application
or appeal shall be considered filed until all fees are paid.
A.
Minimum requirements. The provisions of this chapter
shall be interpreted as the minimum requirements to promote public
health, safety and general welfare. Where a provision of this chapter
differs or conflicts with any other provision of this chapter or any
other ordinance, regulation or law, the provision that is more restrictive
upon uses and structures shall apply.
B.
Uses not specifically regulated. If a use clearly
is not permitted by right, by condition or by special exception by
this chapter within any zoning district in the City, the use is prohibited
in the City, except the applicant may apply to the Zoning Hearing
Board. After a review by the Planning Commission, the Zoning Hearing
Board may permit such use if the applicant proves all of the following
to the satisfaction of the Zoning Hearing Board:
(1)
That the use would clearly be less offensive in impacts
and nuisances than uses permitted in that district;
(2)
That the use would be compatible with permitted uses
in that district;
(3)
That the proposed use would be compatible with the
purposes of the district;
(4)
That the use can meet the general criteria listed in § 445-18C, entitled "Approval of conditional uses"; and
(5)
That the use is not specifically prohibited in the
district.
C.
Sketches. Sketches in this chapter are for illustrative
purposes only and are not regulatory, unless otherwise stated.
D.
Interpretation of chapter text and boundaries. The Zoning Officer shall apply the wording of this chapter and the location of all district boundaries in particular applications. The Zoning Officer may request an advisory opinion from the City Solicitor. See § 445-11 and the City fee schedule concerning appeals.
E.
Definitions. An applicant may appeal the Zoning Officer's
determination of meaning of a term that is not defined by this chapter
to the Zoning Hearing Board.
A.
B.
Reviews. Certain activities require review and/or
approval of the Zoning Hearing Board and/or of the City Council and/or
the recommendations of the Planning Commission. In such case, the
Zoning Officer shall not issue a zoning permit until such required
review or approval occurs.
C.
Appeal. See § 445-11E, which describes processes to appeal actions of the Zoning Officer to the Zoning Hearing Board.
D.
Timing. After a zoning permit has been received by the applicant, the applicant may undertake the action permitted by the permit under this chapter, as long as the work complies with other City 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 the thirty-day appeal period shall be at the risk of the applicant. See the occupancy permit process in § 445-7H.
B.
Types of uses.
(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 upon the written order of the Zoning Hearing Board after a hearing. See provisions for Planning Commission review in § 445-19B(4).
(3)
Conditional use. A permit under this chapter for a
conditional use shall be issued by the Zoning Officer only upon the
written order of the City Council, after the Planning Commission has
been given an opportunity to review the application.
C.
Applications.
(1)
Any request for a decision, interpretation or variance
by the Zoning Hearing Board or for a permit under this chapter shall
be made, in writing, on a form provided by the City. Such completed
application, with any required fees and with any required site plans
or other required information, shall be submitted to a City employee
responsible for processing such application. The applicant is responsible
to ensure that a responsible City official notes the date of the official
receipt on the application.
(2)
Unless waived by the Zoning Officer, seven copies
of a site plan shall be submitted if an application requires action
by the Zoning Hearing Board and two copies shall be submitted if action
by the Board is not required. Such site plan shall be drawn to scale.
(3)
Any application to the Zoning Officer or Zoning Hearing
Board shall include the following information, unless the Zoning Officer
determines that a site plan or such information is unnecessary to
determine compliance with this chapter:
(a)
The location and dimensions of the lot;
(b)
Locations, dimensions, heights and uses of existing
and proposed structures, signs, parking and loading areas and locations
of existing and proposed uses of areas of land, with differentiation
between existing and proposed features;
(c)
Existing and proposed numbers of parking spaces;
(d)
The name and address of the applicant or appellant;
(e)
The name and address of the owner of the affected
property;
(f)
A description of the existing and proposed use(s)
of the property, including numbers of dwelling units, minimum square
feet of proposed dwelling units and numbers of proposed business establishments,
if any;
(h)
Such additional information that the Zoning
Officer may determine is reasonably necessary to determine compliance
with this chapter; and
(i)
All other applicable information listed on the
official City application form.
(4)
Submittals to the Board. In addition to the information listed in Subsection C(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 for determination of whether the proposal complies with this chapter:
(a)
The present zoning district and major applicable
lot requirements;
(b)
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;
(c)
If a principal nonresidential use is proposed
within close proximity to dwellings, a description of hours of operation
and proposed methods of storing garbage outdoors on-site;
(d)
A listing of any specific sections of this chapter
being appealed, with the reasons for any appeal; and
(5)
Other laws. The Zoning Officer may withhold issuance
of a permit under this chapter if there is clear knowledge by him/her
that such a use would violate another City, state or federal law or
regulation.
(6)
Ownership. No person other than a landowner or his/her specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Article II).
(7)
Advisory reviews. The Zoning Officer may submit a
copy of any plan and application to any appropriate agencies and/or
individuals (such as the Planning Commission, the Lackawanna County
Regional Planning Commission, the County Conservation District or
the City Engineer) for review and comment.
D.
Issuance of permit.
(1)
At least two copies of any permit required under this
chapter shall be made.
(2)
One copy of any such permit shall be retained in City
files, and one copy shall be retained by the applicant. A copy of
any such permit shall be shown by the applicant to the Zoning Officer
upon the Zoning Officer's request. One copy of a submitted site plan
should be returned to the applicant after approval/disapproval, with
such action certified on the plan with the signature of the Zoning
Officer.
(3)
The Zoning Officer should issue or deny a permit for
a permitted by right use that meets the requirements of this chapter
within a maximum of 90 days after a complete, duly filed application
and fees are submitted.
(4)
No owner, contractor, worker or other person shall
perform building or construction activity of any kind regulated by
this chapter unless a valid zoning permit has been issued for such
work, nor shall such persons conduct such work after notice that a
zoning permit has been revoked.
E.
Revocation of permits.
(1)
The Zoning Officer shall revoke a permit or approval
issued under the provisions of this chapter in case of:
(a)
Any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based (the Pennsylvania Crimes Code[1] provides for penalties for providing false information
to a municipal employee in the carrying out of his/her duties);
[1]
Editor's Note: See 18 Pa.C.S.A. § 101
et seq.
(b)
Upon violation of any condition lawfully imposed
upon a special exception or conditional use;
(c)
Any work being accomplished or land or structures
being used in such a way that does not comply with this chapter or
an approved site plan or approved permit application; or
(d)
For any other just cause set forth in this chapter.
(2)
If a zoning permit is revoked, the person holding
the permit shall immediately surrender such permit and all copies
to the Zoning Officer.
G.
Changes to approved plans.
(1)
After the issuance of a permit and/or approval of a site plan under this chapter by the City, such approved application and/or site plan shall not be changed without the written consent of the City, as stated in Subsection G(2) below.
(2)
Changes to a site plan approved by the Zoning Hearing
Board as a special exception use or by the City Council as a conditional
use shall require reapproval of the changes by such bodies if the
Zoning Officer determines that such changes affect matters that were
within the scope of approval of such Board. Such approval by the Zoning
Hearing Board or the Council is not required for clearly minor technical
adjustments or matters that are solely corrections of information
that do not affect any of the significant features of the site plan
or the intensity of the use, as determined by the Zoning Officer.
(3)
A copy of such adjustment or correction should be
provided, in writing, to the Chairperson of the Planning Commission,
the President of City Council or the Chairperson of the Zoning Hearing
Board if the change concerns a plan approved by such bodies.
H.
Certificate of use and occupancy (or occupancy permit).
(1)
A certificate of use and occupancy shall be required
by the City upon a change of use or completion of work authorized
by a permit or approval under this chapter. It shall be unlawful to
use and/or occupy a structure, building and/or land or portions thereof
until such certificate has been issued. A new certificate of use and
occupancy shall be required if the use of the property should change.
(2)
An application for such certificate shall be made
on an official City form. If such use is in conformance with City
ordinances and approvals, such certificate should be issued in duplicate
within 10 days of a properly submitted and duly filed application.
A minimum of one copy shall be retained in City records.
(3)
The designated City staff person(s) shall inspect
such structure or land related to an application for such certificate.
If he/she determines, to the best of his/her current knowledge, that
such work conforms with this chapter and applicable City codes, approvals
and permits, then he/she shall issue the certificate of use and occupancy.
(4)
The applicant shall show a valid certificate of use
and occupancy to the Zoning Officer upon request.
B.
Before voting on the enactment of an amendment, the
City Council shall hold a public hearing thereon, following the procedural
requirements of the State Planning Code, including public notice.
C.
Review of amendments.
(1)
In the case of an amendment other than that prepared
by or under the direction of the Planning Commission, the City Council
shall submit each such amendment to the Planning Commission at least
30 days prior to its hearing on such proposed amendment; the Planning
Commission shall be permitted an opportunity to provide recommendations.
(2)
County review. The City shall submit the proposed
amendment to the County Regional Planning Commission (LCRPC) for recommendations
at least 30 days prior to the hearing on such proposed amendment.
(3)
No action shall be taken by the City Council until
any LCRPC or City Planning Commission comments are received, unless
30 days pass without such comments being received.
D.
Changes after a hearing. If, after any public hearing
held upon an amendment, the proposed amendment is revised or further
revised to include or exclude land previously not affected by it,
the City Council shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
E.
Application for amendment. Any request for amendment
of this chapter (including supplement, change or repeal) by any person
or entity (other than the City staff, Planning Commission, City Council
or committee appointed by the City Council or under the direct oversight
of such entity) shall include the following:
(1)
A statement of why the change would be in the best
interests of the City. The burden of proof shall be upon the applicant
to prove that a zoning amendment would be in the public interest.
(2)
A statement of how the proposal will relate to the
City Comprehensive Plan.
(3)
A statement addressing any adverse affects on adjacent
residences.
(4)
A statement addressing any major traffic access or
congestion concerns.
(5)
A map showing the proposed boundaries of any proposed
map changes, the existing zoning of the land and of adjacent lands
and the current uses of adjacent lots.
(6)
A statement explaining proposed extensions and major
improvements, if needed, of public water, sanitary sewer or stormwater
management systems to serve the land area.
(7)
A list of abutting and adjacent property owners.
F.
Traffic impacts of zoning amendments. The Planning
Commission or the City Council may require an applicant for a zoning
amendment to fund a traffic impact study following standard methods
and completed by a qualified traffic engineer. Such a study shall
take into account the entire land area proposed for a change, with
an emphasis on the net projected traffic increases from the proposed
amendment compared to the existing zoning, based upon reasonable assumptions
about the intensity and type of development.
G.
Notification of proposed Zoning Map amendment. If
a Zoning Map amendment is requested by a private entity and is not
considered at the same public hearing as Zoning Map amendments proposed
by City officials, then at least 10 days prior to the hearing on the
proposed change, the applicant shall send by return receipt mail,
with the receipt provided to the Zoning Officer, written notice of
the proposed change. The applicant shall provide a signed letter to
the Zoning Officer stating that such notice has been sent. Such notice
shall include the hearing date and time and a City official to contact
for more information. Such notice shall be provided to all owners
of record of all property proposed to be rezoned (other than the applicant)
and all property directly abutting or directly across the street from
the land to be rezoned.
H.
Time guideline on reviewing amendment. If a zoning
amendment is properly requested, in writing, and submitted, together
with any required fees, to the Zoning Officer outside of the curative
amendment process, the Planning Commission should hold an initial
public meeting on such proposed amendment within 60 days of receiving
such request, unless the Commission determines at a regular meeting
that such request is not worthy of further consideration.
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.
A.
Appointment. The Zoning Officer(s) shall be appointed
by the Mayor. Any full-time Zoning Officer appointed after the adoption
of this chapter shall require confirmation by the City Council. The
Zoning Officer(s) shall not hold any elective office within the City,
but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer shall:
(1)
Administer this chapter.
(2)
Provide information to applicants regarding required
procedures.
(3)
Receive and examine all applications required under
the terms of this chapter and issue or refuse permits within this
chapter.
(4)
Receive complaints of violations of this chapter and
issue a written notice of violation to any person violating any provision
of this chapter.
(5)
Keep records of applications, permits, certificates,
written decisions and interpretations issued, of variances granted
by the Board, of complaints received, of inspections made, of reports
rendered and of notices or orders issued.
(6)
Make all required inspections and perform all other
duties as called for in this chapter.
(7)
Not have the power to permit any activity which does
not conform to this chapter or all other ordinances of the City known
to the Zoning Officer.
C.
Qualifications. Pursuant to 53 P.S. § 10614
of the Pennsylvania Municipalities Planning Code, the following minimum
qualifications shall apply to any full-time Zoning Officer(s) appointed
to serve the City after the adoption of this chapter, unless such
mandatory qualifications are waived by motion of the City Council.
(1)
The person shall demonstrate a working knowledge of
zoning.
(2)
The person shall have one of the following combinations
of education and experience:
(a)
A high school diploma or equivalent and a minimum
of four years' responsible experience in administering and enforcing
municipal zoning and/or subdivision and land development ordinances;
(b)
A high school diploma or equivalent and two
additional years of continuing education, such as an associate degree
(such continuing education preferably should be in a field such as
law enforcement, community planning and/or public administration)
and a minimum of two years' responsible experience in administering
and enforcing municipal zoning and/or subdivision and land development
ordinances; or
(c)
A college or university bachelor's degree in
a field related to zoning (such as law enforcement, community planning
and/or government administration) and a minimum of eight months' responsible
experience in administering and enforcing municipal zoning and/or
subdivision and land development ordinances.
(3)
The person shall be familiar with constitutional issues
concerning search and seizure and with the process of filing actions
with the District Justice.
(4)
The person shall exhibit an ability to thoroughly
evaluate site plans and building plans.
(5)
The person shall demonstrate excellent oral and written
communication skills.
(6)
The person shall be familiar with the Pennsylvania
Municipalities Planning Code.
D.
Other City officials. Police officers, firefighters,
construction inspectors, other City staff and City officials and the
general public may report possible zoning violations to the Zoning
Officer for his/her determination.
A.
Appointment, terms and qualifications.
(1)
The existing Board of Zoning Appeals is continued
and, in conformance with the Pennsylvania Municipalities Planning
Code, is hereby renamed the "Zoning Hearing Board." The Zoning Hearing
Board shall consist of residents of the City. Five regular members
shall be appointed by the City Council. Alternate members may be appointed
in the same manner within the provisions of the Pennsylvania Municipalities
Planning Code. Members of the Board shall hold no elected office in
the City.
(2)
Terms. The existing terms of office of the Zoning
Hearing Board members shall continue as previously authorized. Members
shall be appointed to three-year terms. The terms of office shall
be so established so that a minimum of one position and a maximum
of two positions expire each year.
(3)
Recommended qualifications. Each Board member should:
B.
Vacancies. The Board shall promptly notify the Mayor
and City Council of any vacancies which occur. Appointments to fill
vacancies shall be only for the unexpired portion of a term.
D.
Organization.
(1)
Officers. The Board shall elect officers from its
own membership. Officers shall serve annual terms and may succeed
themselves.
(2)
Quorum. For the conduct of any hearing and taking
of any action, a quorum shall be not less than a majority of all members
of the Board, except that the Board may appoint a hearing officer
from its own membership to conduct any hearing on its behalf, and
the parties may waive further action by the Board, as provided by
the Pennsylvania Municipalities Planning Code. The quorum may be met
by alternate members, serving as permitted by the Pennsylvania Municipalities
Planning Code.
(3)
Rules. The Board may make, alter and rescind rules
and forms for its procedure, consistent with all applicable City ordinances
and state law.
E.
Zoning Hearing Board functions. The Zoning Hearing
Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(a)
The Board shall hear and decide appeals where
it is alleged by the appellant (a person affected or any agency of
the City) that the Zoning Officer has failed to follow prescribed
procedures or has misinterpreted or misapplied any valid provision
of this chapter.
(2)
Challenge to the validity of this chapter or the Zoning
Map.
(a)
The Board shall hear challenges to the validity
of this chapter filed with the Board, in writing, by the landowner
affected, any officer or agency of the City or any person aggrieved.
(b)
After the conclusion of the hearing(s), the
Board shall decide all questions and shall make findings on all relevant
issues of fact, within the time limits of the Pennsylvania Municipalities
Planning Code.
(3)
Variance.
(a)
The Board shall hear requests for variances
filed with the Board, in writing, by any landowner (or any tenant
with the permission of such landowner).
(b)
Standards. The Board may grant a variance only
within the limitations of state law. The applicant shall have the
burden of proof to show compliance with such standards. (As of 1993,
the Municipalities Planning Code provided that all of the following
findings must be made, 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.
[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.)
(c)
Additional standards.
[1]
Mere showing of economic hardship shall not
by itself justify a zoning variance.
[2]
A variance may be granted where the applicant
proves that the property can only be used for a permitted use at prohibitive
expense.
[3]
A variance may be granted where clearly necessary
to comply with the Federal Americans with Disabilities Act.
(d)
The Zoning Officer shall refuse to accept a
proposed appeal that is not materially or significantly different
from an appeal on the same property that was denied by the Board within
the previous year.
(e)
Variance conditions. 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 and
to protect the public health and safety. The Board may in variance
cases prohibit certain otherwise permitted uses on a lot where the
Board finds that such uses would be contrary to the public interest
considering the facts and circumstances of the case and the variance.
(f)
Side yard exceptions for accessory structures.
[1]
The following provision shall only apply to
the placement of a one-story customarily accessory structure of less
than 2,000 square feet of building floor area or a household swimming
pool serving a dwelling unit if such structure or pool is proposed
within the required setback area for such use along abutting lot lines
of another lot(s).
[2]
If all abutting property owner(s) of record
along such lot line sign a notarized statement clearly stating that
he/she does not object to such reduction of the required setback for
the placement of such structure or pool and the Zoning Officer determines
that no other City requirement would prevent such placement of such
structure or pool, then the Zoning Officer shall permit such reduction
or waiver of such required accessory setback.
[3]
In such case, future owners of such abutting
lots shall not have the right to require movement of such structure
or pool.
[4]
If the abutting lot owner(s) does not agree
to such exception, such refusal shall not by itself prevent the granting
of a variance by the Zoning Hearing Board.
[5]
Subsection E(3)(f)[3] shall not permit a reduction in setback abutting an existing public street or public alley.
(4)
Special exception uses.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Board, in writing, by any landowner (or any tenant with the permission of such landowner), as provided in this chapter and in accordance with such standards and criteria contained in this chapter and the procedures in § 445-19.
(b)
Conditions. In granting a special exception,
the Zoning Hearing Board may attach such reasonable conditions and
safeguards, in addition to those expressed in the chapter, as it may
deem necessary to implement the purposes of this chapter and to protect
the public health and safety.
(6)
Records and reports. The staff to the Board shall
keep full public records of its business.
(7)
Court appeals. In the case of an appeal from the Board
to the Court of Common Pleas, the appellant shall make the return
required by law and should promptly notify the City Zoning Hearing
Board Solicitor of such appeal.
(9)
Standing. (NOTE: "Standing" generally means a party
being sufficiently affected or threatened by effects by a controversy
to obtain judicial resolution of that controversy.)
(a)
The Zoning Hearing Board shall have the authority,
if it chooses to exercise it, to determine who has standing on each
case before the Board. The City Council, Scranton City Planning Commission,
an abutting municipality whose boundaries are within 200 feet of the
subject lot, a property owner whose lot lines are within 200 feet
of the subject lot and the affected City-recognized neighborhood organization
shall, at an absolute minimum, have standing in a case.
(b)
The Board shall determine that a person or business
does not have standing if the Board determines that such person or
business is apparently motivated primarily by an attempt to inhibit
reasonable competition in an area of business, and that such person
or business would not otherwise be threatened with substantive harm
from the application.
F.
Time limits for appeals. The time limitations for
appeals shall be as follows:
(1)
No person shall be allowed to file any appeal with
the Zoning Hearing Board later than 30 days after the decision by
the Zoning Officer that is being appealed has been officially issued
or appeal with the County Court of Common Pleas later than 30 days
after a decision of the Zoning Hearing Board has been officially issued,
except as may be provided under § 914.1 of the Pennsylvania
Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10914.1
(2)
The failure of an aggrieved person, other than the
landowner, to appeal an adverse decision directly related to a preliminary
subdivision or land development plan shall preclude an appeal from
a final plan approval except in the case where the final submission
substantially deviates from the approved preliminary plan.
H.
Time limits on permits and variances.
(1)
After a variance is approved or a conditional or special
exception approval is officially authorized under this chapter, then
a zoning permit shall be secured by the applicant within 12 months
after the date of such approval or authorization. Such action under
such permit shall then substantially begin within 12 months of the
issuance of the permit.
(2)
If the applicant submits complete plans for a required
site plan review or subdivision or land development approval or special
exception or conditional use approval that is related to the variance
or issuance of a permit under this chapter within the above time limits,
then such time limits shall begin after such plan review is completed
or such plan approval is granted.
(3)
For good cause, the Zoning Officer may, upon application,
in writing, stating the reasons therefor, extend, in writing, the
six-month application period to up to 18 months.
(4)
If an applicant fails to obtain the necessary permits
within the above time period or after obtaining the permit fails to
diligently commence substantial construction within 12 months or allows
interruptions in substantial construction of longer than six months,
it shall be conclusively presumed that the applicant has waived, withdrawn
or abandoned the approval, and all such approvals, variances and permits
shall be deemed automatically rescinded.
(5)
Any building construction shall be completed within
36 months of issuance of an applicable permit, unless a written extension
is granted by the Zoning Officer for good cause. Otherwise, a permit
shall be considered to have automatically expired at the end of such
thirty-six-month period.
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.[1] The notice shall state the time and place of the hearing
and the particular nature and property address of the matter to be
considered.
[1]
Editor's Note: See the definition of "public
notice" in 53 P.S. § 10107.
(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.
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.[2]
[2]
Editor's Note:See 53 P.S. § 10907.
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.
A.
In general. All appeals of activities and approvals
within the jurisdiction of this chapter shall conform with Article
X-A, Appeals to Court, of the State Planning Code.
B.
Procedural defects in enactment. Allegations that
this chapter or any amendment was enacted in a procedural defective
manner shall be appealed directly to the court and be filed not later
than 30 days from the intended effective date of this chapter or an
amendment.
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.
A.
When site plan required. A separate site plan review
by the Planning Commission is required for any of the following uses
unless the physical layout of the use will be approved as a conditional
use, a subdivision or a land development.
(2)
Any new or expanded impervious area of greater than
10,000 square feet, such as a parking lot.
(3)
Conversion of a principal residential building to
a principal nonresidential use.
(4)
Any change from one principal nonresidential use to
a different type of principal nonresidential use that would require
the addition of 10 or more off-street parking spaces beyond what would
have been previously required.
B.
Site plan procedures. The following procedures shall
be followed for any use required to be reviewed under this section:
(1)
Submission. Ten complete copies of any required site plan shall be submitted to the City. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this chapter. A minimum of one copy shall be retained in City files. The site plan shall include the information listed in § 445-17.
(2)
Timing. The applicant shall submit a complete site plan within a minimum of 15 days prior to the first Planning Commission meeting at which the site plan is intended to be reviewed. The Planning Commission shall be given an opportunity to review the site plan and provide any comments, in writing, to the Zoning Officer within the time guideline stated in Subsection B(3) below.
(3)
Zoning Officer action. The Zoning Officer shall review
the site plan and determine its compliance or noncompliance with this
chapter, based upon his/her review and comments of the Planning Commission.
The Zoning Officer should make such determination within 60 days after
the first scheduled Planning Commission regular meeting that occurs
a minimum of 15 days after the receipt of a complete site plan submission.
(4)
Notice. The City should mail or personally deliver
a copy of the decision to the applicant or his/her representative
within 15 days after such decision. If a proper application is denied,
the Zoning Officer should state the reason(s) for such denial.
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.
M.
Tax map parcel number.
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.[1])
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A.
Applicability. Certain uses that are permitted by
this chapter as conditional uses shall be required to follow the review
and zoning approval procedures described in this section.
B.
Procedure.
(2)
Distribution. The City shall distribute copies of
the site plan to the Planning Commission and the City Council. A minimum
of one copy shall be retained in the City files. The City Fire Bureau
should be given an opportunity for a review, if deemed appropriate
by the Zoning Officer.
(3)
Zoning Officer review. The Zoning Officer shall report,
in writing or in person, to the Planning Commission or the City Council
stating whether the proposal complies with this chapter. The Zoning
Officer may request a review by the City Engineer.
(4)
Planning Commission. The Planning Commission shall
be given an opportunity to review the conditional use application
and submit a recommendation to the City Council.
(5)
Council action.
(b)
The City Council shall approve, conditionally
approve or disapprove the conditional use submission within a maximum
of 45 days after the conclusion of the last hearing, unless the applicant
has agreed to a written time extension.
(c)
In granting a conditional use, the City Council
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.
(d)
The decision of the City Council shall be in
writing and shall be directly communicated to, delivered to or mailed
to the last known address of the applicant or his/her representative.
C.
Approval of conditional uses. The City Council shall
approve any proposed conditional use if it finds adequate evidence
that the proposed use will:
(2)
Meet other applicable sections of this chapter.
(4)
Comply with all of the following standards:
(a)
Other laws. Will not clearly be in conflict
with other City ordinances or state or federal laws or regulations
known to the City. The City may require an applicant to prove compliance
or to prove that appropriate applications have been submitted to obtain
such compliance.
(b)
Traffic. Will not result in or significantly
add to a significant traffic hazard or significant net increase in
traffic congestion, after taking into any improvements proposed to
be funded or completed by the applicant.
(c)
Safety. Will not create a significant public
safety hazard, including fire, toxic or explosive hazards.
(d)
Stormwater management. Will follow adequate,
professionally accepted engineering methods to manage stormwater.
Stormwater shall not be a criteria of a decision under this chapter
if the application clearly would be subject to a separate engineering
review and an approval of stormwater management under the City Stormwater
Management Ordinance.[2]
(e)
Neighborhood. Will not significantly negatively
affect the desirable character of an existing residential neighborhood.
(f)
Site planning. Will involve adequate site design
methods, including plant screening and setbacks as needed to avoid
significant negative impacts on adjacent uses.
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.
(1)
All applicants for a special exception use shall submit
seven sets of site plans for the proposed use to the Secretary to
the Zoning Hearing Board, together with a written application. The
Zoning Officer may waive the site plan requirement for home occupations
that are not intense and other uses not involving new buildings nor
additional off-street parking. Photographs of the existing site or
buildings may also be requested to be presented by the applicant.
(3)
City procedures.
(a)
The City shall forward the application to the
Zoning Hearing Board, the Planning Commission (except for a home occupation)
and the Zoning Hearing Board Solicitor. A minimum of one copy shall
be retained in the City files.
(b)
The Zoning Officer should, prior to the next
Zoning Hearing Board meeting where the application will be discussed,
review the plan to determine compliance with this chapter and report
these findings to the Zoning Hearing Board.
(4)
Planning Commission review of special exception uses.
(a)
The Planning Commission shall be provided with
an opportunity to review any proposed special exception use, other
than a home occupation, at a regular meeting prior to a decision by
the Zoning Hearing Board. The Commission, at its option, may provide
a written advisory review at its next regular meeting.
(b)
At the option of the Commission, this advisory review may take the place of any site plan review that may be required under § 445-16.
(c)
Timing. If such report is not received within
the time limit within which the Board must issue a decision or within
30 days of such application being sent to the Planning Commission,
then the Board may make a decision without having received comments
from the Planning Commission.
(5)
Zoning Hearing Board action on special exception uses.
(a)
The Board shall hear and decide such request for a special exception use under the procedures of Article I and of the State Planning Code.
(b)
The Board shall schedule the first hearing within
60 days of submittal of a proper application, unless granted a written
extension by the applicant. The Board shall issue a decision within
45 days after the conclusion of the final hearing on the matter.
C.
Approval of special exception uses. The Zoning Hearing
Board shall approve any proposed special exception use if it finds
adequate evidence that any proposed use will meet:
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 is necessary
to implement the purposes of this chapter. Conditions imposed by the
Zoning Hearing Board shall automatically become conditions of the
construction permit issued pursuant thereto, and any failure to comply
with said conditions shall be a violation of this chapter.
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.
A.
Neither the approval nor the granting of any review,
issuance of a permit or approval related to construction, activity
within the floodplain, site plan review, subdivision or land development
approval, erosion control, stormwater runoff, activity on steep slopes
or any other review or permit of this chapter, by an officer, employee,
consultant or agency of the City, shall constitute a representation,
guaranty or warranty of any kind by the City or its employees, officials,
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 public body, official, consultant nor employee
for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under
this chapter, the City shall not be liable for any later lawful withdrawal
of such permit for valid cause shown.
