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.
A.
The Zoning Hearing Board shall consist of five residents
of the Borough, appointed by resolution of the Borough Council. The
terms of office shall be five years and shall be so fixed that the
term of office of one member shall expire each year. At the adoption
of this chapter, Zoning Hearing Board members shall continue in office
pursuant to their current terms. Board members shall hold no other
Borough office. Any member of the Board may be removed for cause by
the Borough Council upon written notice and charges after a public
hearing. Vacancies shall be filled for unexpired terms in the same
manner as those for original appointments.
B.
The Borough Council may appoint, by resolution, from
one to three residents to serve as alternate members of the Board
for three-year terms. Alternates shall hold no other Borough office.
Alternates may participate in any proceeding or discussion of the
Board but shall not be entitled to vote or to be compensated unless
designated by the Chairperson to sit on the Board in order to provide
a quorum. Designation of alternates to sit on the Board shall be made
case by case in rotation according to declining seniority among all
alternates.
A.
Officers. The Board shall elect from its own membership
a Chairperson and Vice Chairperson who shall serve annual terms as
such and may succeed themselves. The Board may make, alter, and rescind
rules and forms for its procedures consistent with the provisions
of the Pennsylvania Municipalities Planning Code, as amended, and
this chapter.
B.
Hearings. Public notice shall be given of all hearings
consistent with the MPC. For the conduct of any hearing and the taking
of any action, a quorum shall be not less than a majority of all the
members of the Board.
C.
Records and decisions. The Board shall keep a record
of its proceedings and official actions, which shall be filed in the
Borough Hall and shall be a public record.
D.
Compensation. The Borough Council may fix per-meeting
compensation for the members of the Board, according to a schedule
adopted by resolution of the Borough Council upon the enactment of
this chapter or at any time thereafter, and such schedule may be amended
from time to time; but in no case shall compensation exceed the rate
of compensation authorized to be paid to the Borough Council.
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.
A.
The Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. Subject to the provisions of the Pennsylvania
Municipal Planning Code, the Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided the following findings
are made where relevant in a given case:
(1)
That 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)
That 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 that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property;
(3)
That such unnecessary hardship has not been created
by the appellant;
(4)
That a 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)
That the variance, if authorized, will represent the
minimum variance that will afford relief and will represent the least
modification possible of the regulation at issue.
B.
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.
A.
Applicability. The Zoning Hearing Board shall have
the power to approve special exceptions when this chapter specifically
requires the obtaining of such approval and for no other use or purpose.
B.
Conditions and standards. In granting a special exception,
the Zoning Hearing Board shall make findings of fact consistent with
the provisions of this chapter. The Board shall not approve a special
exception except in conformance with the conditions and standards
outlined in this chapter.
C.
General requirements and standards applicable to all
special exceptions.
(1)
The Board shall grant a special exception only if
it finds adequate evidence that any proposed development submitted
will meet all of the following general requirements as well as any
specific requirements and standards listed herein for the proposed
use. The Board shall, among other things, require that any proposed
use and location be:
(a)
In accordance with the New Hope Borough Comprehensive
Plan and consistent with the spirit, purposes and the intent of this
chapter;
(b)
In the best interests of the Borough, the convenience
of the community and the public welfare, and a substantial improvement
to the property in the immediate vicinity;
(c)
Suitable for the property in question and designed,
constructed, operated, and maintained to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity;
(d)
In conformance with all applicable requirements
of this chapter;
(e)
Suitable in terms of effects on highway traffic
and safety with adequate access arrangements to protect streets from
undue congestion and hazard; and
(f)
In accordance with sound standards of subdivision
and land development practice where applicable.
(2)
The Zoning Hearing Board may impose whatever conditions
regarding layout, circulation and performance it deems necessary to
ensure that any proposed development will secure substantially the
objectives of this chapter.
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.
A.
Any appeal from the ruling of the Zoning Officer concerning the enforcement
and interpretations of the provisions of this chapter shall be filed
with the Zoning Officer within 30 days, as extended by the Zoning
Officer in writing, after the date of the Zoning Officer's adverse
decision.
[Amended 2-18-2014 by Ord. No. 2014-01]
B.
All appeals and applications made to the Board shall
be in writing on standard forms prescribed by the Zoning Hearing Board.
C.
All appeals and applications shall refer to the specific
provisions of this chapter involved.
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.
A.
Upon the filing with the Zoning Hearing Board of an
application for a special exception, variance, interpretation of this
chapter or other appeal, the Board shall:
(1)
Hold a public hearing within 60 days from the date
of the applicant's request; unless the applicant has agreed in writing
to an extension of time; and
(2)
Provide public notice published each week for two
successive weeks in a newspaper of general circulation in New Hope
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 not be more than 30 days and the second
publication shall not be less than seven days from the date of the
hearing;
(3)
Give written notice to the applicant, the Zoning Officer,
and to any person who has made timely request for same; and
(4)
Conspicuously post a written notice of said hearing
on the affected tract of land at least one week prior to the hearing.
B.
The applicant shall be responsible to give written
notice to all persons whose properties adjoin or are across public
roads from the property in question or are within 100 feet of the
property in question. The applicant shall provide proof at the hearing
that the notice to the property owners within 100 feet is received
by the property owners at least one week prior to the hearing.
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]
The Board shall comply with all requirements
of the Pennsylvania Municipalities Planning Code for zoning hearing
boards.
