A Zoning Hearing Board is established in order
that the objectives of this chapter may be more fully and equitably
achieved and to provide a means for competent interpretation of this
chapter.
Upon appeal from a decision by the Zoning Officer,
the Zoning Hearing Board shall decide any questions:
A. Involving the interpretation of any provisions of
this chapter, including determination of the exact location of any
district boundary if there is uncertainty; and
B. Where it is alleged there is error in any order, requirement,
decision or determination in the enforcement of the ordinance, including
an order made by the Zoning Officer requiring an alleged violation
to stop, cease and desist.
The Board shall hear challenges and appeals as delineated in the MPC, as amended. The Board shall take evidence and make a record as provided in §
275-83C of this chapter. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record for appeal to the court.
In exercising the above-mentioned powers, the
Zoning Hearing Board may, in conformity with law and the provisions
of this chapter, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
may make such order, requirement, decision or determination as in
its opinion should be made. Written notice of such decision shall
be given forthwith to all interested parties.
Appeals to the Zoning Hearing Board may be taken
by any person aggrieved or affected by any provisions of this chapter
or by any decision, including any order to stop, cease, and desist
issued by the Zoning Officer in enforcing the provisions of this chapter.
The applicant for any hearing before the Zoning
Hearing Board shall, at the time of making application, pay to the
Zoning Officer, for the use of the Borough, a fee in accordance with
a fee schedule adopted by resolution of the Borough Council or as
such schedule may be amended from time to time.
A special exception or variance shall expire
if the applicant fails to obtain a zoning permit within one year of
the date of the granting of the special exception or variance; provided,
however, that:
A. If the subject matter of the use constitutes either
a subdivision or land development, the special exception or variance
shall expire if the applicant fails to file the required subdivision
or land development plan within one year of the granting of the special
exception or variance. The applicant shall have six months after the
final plans of the subdivision or land development are approved and
recorded to obtain a zoning permit; and
B. The Zoning Hearing Board may grant one extension of
time for a period not to exceed one year if the landowner or his agent
requests such an extension, and if good cause for the extension is
shown.
C. A use
approved by special exception shall expire if such use, previously
approved by the Zoning Hearing Board in accordance with the applicable
provisions of this chapter, and for which a final use and occupancy
permit has been issued, shall cease to operate for period of at least
one year. In such case, the use previously approved by special exception
shall not be reestablished without compliance with the provisions
of this article and all other applicable provisions of this chapter.
[Added 6-15-2010 by Ord. No. 2010-03]
D. Nothing in this subsection shall be interpreted to extinguish any variance authorized in connection with any use approved by special exception where such use may have ceased to operate for the minimum period prescribed in Subsection
C above.
[Added 6-15-2010 by Ord. No. 2010-03]
The Board shall comply with all requirements
of the Pennsylvania Municipalities Planning Code for zoning hearing
boards.