The membership of the Zoning Hearing Board shall
consist of three members appointed by the Borough Council. Their terms
of office shall be three years and shall be so fixed that the term
of office of one member shall expire each year. The Board Chairman
shall promptly notify Borough Council when vacancies occur. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
Members of the Board shall hold no other office in the Borough, including
membership on the Planning Commission and Zoning Officer.
A.
Appointment of alternate members. The Borough Council shall appoint two residents of the Borough to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 225-132B, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceedings or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to § 225-132B of this chapter.
B.
Participation by alternate members. If by reason of
absence or disqualification of a member a quorum is not reached, the
Chairman of the Board shall designate as many alternate members of
the Board to sit on the Board as may be needed to provide a quorum.
Any alternate member of the Board shall continue to serve on the Board
in all proceedings involving the matter or case for which the alternate
was initially appointed until the Board has made a final determination
of the matter or case.
The Board shall elect its officers from its own membership, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and parties may waive further action by the Board as provided in § 225-135 below. The Board may make, alter and rescind rules and forms for its procedure consistent with the ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business which records shall be the property of the Borough, and submit a report of its activities to Borough Council as requested by Borough Council.
Within the limits of funds appropriated by Borough
Council, the Zoning Hearing Board may employ or contract for secretaries,
clerks, zoning officers, legal counsel, consultants and other technical
and clerical services. Members of the Zoning Hearing Board may receive
compensation for the performance of their duties, as may be fixed
by Borough Council, but in no case shall it exceed the rate of compensation
authorized to be paid to the members of Borough Council.
The public hearing shall commence within 60 days of the filing of an administratively complete application. Public notice, as defined herein, of the public hearing shall be advertised and posted as required by the MPC, and in addition thereto the Zoning Hearing Board shall post at least one copy of the notice on the affected property and shall mail a copy of the notice by regular mail at least one week prior to the hearing to each adjoining property owner, including those located across a public right-of-way. Public hearings shall be conducted and held in accordance with the applicable provisions of the Municipalities Planning Code. The Zoning Hearing Board shall comply with all requirements of Article IX of the Municipalities Planning Code regarding the conduct of hearings.
A.
The Zoning Hearing Board or the hearing officer, as
the case may be, shall render a written decision or, when no decision
is called for, make written findings on the application in accordance
with the requirements of the MPC and within 45 days after the last
hearing before the Zoning Hearing Board or hearing officer. Where
the application is contested or denied, each decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons therefor. Conclusions based on any provisions of this chapter
or any other land use ordinance, rule or regulation or any provision
of the Municipalities Planning Code shall contain a reference to the
provisions relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found. If the hearing is conducted
by a hearing officer and there has been no stipulation that his/her
decision or findings are final, the Zoning Hearing Board shall make
his/her report and recommendations available to the parties within
45 days, and the parties shall be entitled to make written representations
thereon to the Zoning Hearing Board prior to final decision or entry
of findings, and the Zoning Hearing Board's decision shall be entered
no later than 30 days after the report of the hearing officer.
B.
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him no later than the day following its date.
A.
The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of this
chapter, except those challenges brought before the Borough Council
pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code.
(2)
Challenges to the validity of this chapter raising
procedural questions or alleged defects in the process of enactment
or adoption, which challenges shall be raised by an appeal taken within
30 days after the effective date of this chapter or any amendment
thereto.
(3)
Appeals from the determination of the Zoning
Officer, including but not limited to the granting or denial of any
permit, or failure to act on the application therefor, the issuance
of any enforcement notice or the registration or refusal to register
any nonconforming use, structure or lot.
(4)
Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of Chapter 120 of the Crafton Borough Code, Flood Protection.
(5)
Applications for variances from the terms of this chapter and Chapter 120 of the Crafton Borough Code, Flood Protection.
(6)
Appeals from the Zoning Officer's preliminary
opinion determination as authorized by § 916.2 of the Municipalities
Planning Code.
(8)
Appeals from a determination of the Planning
Commission regarding the approval or denial of a sign application.
A.
Application. The Board shall hear requests for variances
where it is alleged that the strict application of the provisions
of this chapter inflict unnecessary hardship upon the applicant. Application
for a variance shall be made in writing on the prescribed form obtained
from the Zoning Officer. The Zoning Officer shall forward the application
to the Board, which shall determine a time and place of the hearing.
B.
Standards for variances. The Board may grant a variance,
provided that all 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 which 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 had not been
created by the applicant.
(4)
That 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)
That the variance, if authorized, will represent
the minimum variance which will afford relief and represent the least
modification possible of the regulation in issue.
C.
Procedure for variances. The Board shall request the
review and comments of the Planning Commission on any variance application,
which shall be made part of the public record. In granting any variances,
the Board may attach such reasonable conditions and safeguards as
it may deem necessary to implement the purposes of this chapter and
the Pennsylvania Municipalities Planning Code.
D.
Changes of nonconforming uses. In accordance with Article XIX of this chapter, the Zoning Hearing Board shall hear requests for a change of one nonconforming use to another nonconforming use. Before approving an application, the Board shall determine that:
(1)
The proposed use is within the same type of
use category as the original nonconforming use, such as one personal
service business to another. In making a determination of similar
uses, the Board shall be guided by the definitions in this chapter
or, where not so defined, Federal Office of Management and Budget's
Standard Industrial Classification Manual (current edition).
(2)
The proposes use will not be any more objectionable
than the original nonconforming use in terms of traffic generation
and requirements for off-street parking and loading; outdoor storage
of wastes, materials, supplies and equipment; minimum yard, height,
area and volume of all structures.
E.
Parties appellant before the Board. Appeals under Article XIX of this chapter may be filed with the Board in writing by the landowner affected, by any officer or agency of the Borough or any person aggrieved. Requests for a variance may be filed with the Board only by a landowner or any tenant with the permission of such landowner.
F.
Time limitations.
(1)
No person shall be allowed to file any proceeding
with the Board later than 30 days after an application for development,
preliminary or final, has been approved by an appropriate Borough
officer, agency or body, if such proceeding is designed to secure
reversal or to limit the approval in any manner, unless such person
alleges and proves that he had no notice, knowledge, or reason to
believe that such approval had been given. If such person has succeeded
to his interest after such approval, he shall be bound by the knowledge
of his predecessor in interest.
(2)
The failure of anyone, other than the landowner,
to appeal from an adverse decision by the Zoning Officer on a challenge
to the validity of this chapter or Zoning Map pursuant to § 916.2
of the Pennsylvania Municipalities Planning Code, shall preclude an
appeal from a final approval, except in the case where the final submission
substantially deviates from the approved tentative or preliminary
approval.
(3)
All appeals from determinations adverse to the
landowner shall be filed by the landowner within 30 days after notice
of the determination is issued, except appeals of the Zoning Officer's
issuance of an enforcement notice, which shall be filed within 10
days after receipt of the enforcement notice.
G.
Stay of proceedings.
(1)
Upon filing of any proceeding referred to in § 225-137 of this section and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property. In this case, the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
(2)
When an application for development, preliminary
or final, has been duly approved and proceedings designed to reverse
or limit the approval are filed with the Board by persons other than
the applicant, the applicant may petition the Allegheny County Court
of Common Pleas to order such persons to post a bond as a condition
to continuing the proceedings before the Board, pursuant to provisions
of the Pennsylvania Municipalities Planning Code.
