A Zoning Hearing Board is hereby established.
The word "Board" when used in this chapter shall be construed to mean
the Zoning Hearing Board. The Board shall consist of three members
to be appointed by the Borough Council. For purposes of continuity
of office, the present members of the Zoning Hearing Board appointed
by the Borough Council are hereby reappointed to serve in that capacity
under this chapter for the remaining portions of their unexpired terms.
Their successors shall be appointed on the expiration of their respective
terms to serve three years. Any vacancy shall be filled (for the unexpired
term only). A Board member shall be removable for a cause (official
misconduct or neglect of duty) by the appointing authority upon written
charges and after public hearing.
Meetings of the Board shall be held within 30
days from the date of any application to the Board, and at such other
times as the Board may determine. All meetings shall be open to the
public. The Chairman or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses. Quarters for the Board
(office space with light and heat, necessary supplies, clerical and
other services as required) shall be provided by the Borough Council.
The Board shall appoint a Secretary who shall keep its records. The
Board shall adopt its own rules of procedure and keep minutes of its
proceedings, showing the vote of each member upon each question, or
if a member is absent or fails to vote, indicating such fact, and
shall keep records of its examinations and other official actions,
all of which shall be immediately filed in the office for the Board
and shall be a public record.
A.
Any order, requirement, decision or determination
made by the Zoning Officer in the administration or enforcement of
the provisions of this chapter may be appealed to the Board by any
person aggrieved, or by any municipal officer affected by any decision
of the Zoning Officer. Such appeal shall be taken within a reasonable
time as provided for in the rules of the Board by filing, with the
Zoning Officer and with the Board, a notice of appeal specifying the
grounds thereof. The Zoning Officer shall forthwith transmit to the
Board all papers constituting the record upon which the action appealed
from was taken.
B.
An appeal stays all proceedings in furtherance of
the action appealed from, unless the Zoning Officer certifies to the
Board, after the notice of appeal shall have been filed with him,
that, by reason of facts stated in the certificate, a stay would in
his opinion cause imminent peril to life and property. In such case
proceedings shall not be stayed otherwise than by a restraining order,
which may be granted by the Board, or by a Court of Record, on application,
on notice of the Zoning Officer, and due cause shown.
C.
Upon receipt of the record, the Board shall set the
matter for public hearing within a reasonable time, shall serve notice
on the parties, and shall not adjudicate until such hearing has been
held but within a reasonable time thereafter. The notice of the time
and place of the public hearing shall also state the location and
general nature of the question involved, and shall be given not less
than seven days prior to the date of such hearing by the following
methods:
(1)
By the display of not less than one poster on each
street frontage of the affected site.
(2)
By mailing a notice thereof to every association of
residents or owners who shall have registered an association address
with the Board for this purpose.
(3)
By publishing a notice thereof in a newspaper of general
circulation in the Borough.
(4)
By mailing a notice thereof to the Secretary to the
Borough Council and the Planning Commission.
A.
To hear and decide appeals where it is alleged there
is an error in any order, requirement, decision, or determination
made by the Zoning Officer in the administration of this chapter.
B.
To hear and decide the following special exceptions
to the terms of this chapter and to authorize a permit:
(1)
In any district, for:
(a)
A temporary structure and use in connection
with an authorized use, provided:
[1]
The structure shall be complete in itself and
not a part of a future building, without basement, and intended only
for temporary storage of materials and/or tools, or as a temporary
construction or sales office and not for use as a dwelling or garage.
The use shall be construed to include construction trailers, limited
to the aforesaid storage or office uses.
[2]
The use shall be purely incidental to the authorized
use.
[3]
It shall be demonstrated to the Board that such
structure and use are reasonably necessary and that safeguards are
established to preserve the amenities of surrounding properties.
[4]
The permit shall be issued for a period not
exceeding one year, but the period may be extended under the conditions.
(b)
The extension of a nonconforming use within
a nonconforming structure, or for the change of such use within a
nonconforming structure to a conforming use or to another nonconforming
use that is determined by the Board to be no more detrimental to the
neighborhood, provided that in each case:
[1]
A report and recommendation is requested from
the Planning Commission which shall indicate, among other things,
whether the affected area is an appropriate one for clearance and
redevelopment, renewal, or conservation.
[2]
No structural alterations are made other than those ordered by an authorized public officer to assure the safety of the structure and the occupants thereof, or those provided for under Subsection B(1)(c) below.
[3]
Such use is not a living-quarter use in a C
District.
[4]
No living-quarter use shall be located in the
same story of a building in which a commercial or an industrial establishment
is located and vice versa.
[5]
All technical advances pertaining to such nonconforming
use are utilized, and the time of operation of such use is so scheduled
as to minimize the detrimental effect of such on the adjacent structures
and uses.
[6]
The use may be continued only so long as the
structure remains.
(c)
The enlargement of a nonconforming commercial
or industrial structure, other than a sign, and the extension of a
nonconforming use throughout said structure provided:
[1]
The gross floor area of the enlargement shall
not exceed 50% of the gross floor area of the nonconforming structure,
or nonconforming portion thereof, on the effective date of this chapter,
or any amending ordinance which later makes such structures, or portion
thereof, nonconforming.
[2]
It shall be demonstrated to the satisfaction
of the Board that such extension or enlargement is reasonably necessary
at the concerned location because of normal growth of business.
[3]
All other applicable regulations and requirements
of this chapter shall be complied with.
[4]
The Board shall impose such conditions and safeguards
as it deems necessary in order to protect adjacent conforming uses
and structures against the adverse effects of such nonconformity.
(2)
In the S District for the erection, alteration, enlargement,
or use of a structure or land, on an accredited substandard lot, for:
(a)
Gas regulator station or electric substation without rotary motors; if transformers are exposed, there shall be provided an enclosing fence or wall at least six feet high, and adequate to obstruct view, noise, and passage of persons or material; the requirement for approval of these public utility uses as conditional uses under § 185-87J may be waived, if the Board secures a favorable written report thereon from the Borough Council.
(b)
Greenhouse (without sales or advertising of
sales on the premises).
(c)
Horticultural nursery (without sales or advertising
of sales on the premises) provided:
[1]
The maximum height of structure shall be 15
feet (not exceeding one story).
[2]
On a lot less than 100 feet in depth, front
and rear yards may be reduced to not less than 25 feet in depth, provided
the front yard depth is not less than 30% of the lot depth and the
rear yard depth is not less than 40% of the lot depth.
[3]
On a corner lot less than 70 feet in width,
this side yard abutting the street may be reduced to not less than
25 feet in width, provided it is at least 43% of the lot width, and
the side yard not abutting the street may be reduced to not less than
eight feet in width, provided it is at least 21% of the lot width.
[4]
On an interior lot less than 55 feet in width,
side yard widths may be reduced to not less than eight feet, provided
each is at least 27% of the lot width.
[5]
The Board determines that circumstances are
such that combination of such lot with other adjacent property to
form one or more zoning lots cannot reasonably be expected, and that
otherwise the provisions of this chapter would be confiscatory.
[6]
Other reasonable conditions are established
to protect the amenities of surrounding properties, as determined
in each instance by the Board.
(3)
In S and R Districts, for a home occupation (including
home office) carried on within a dwelling unit by a resident thereof
as a customary secondary use, provided:
(a)
Home occupations.
[1]
Home occupations may be permitted as an accessory
use in any Residential District within a single-family dwelling building
provided such occupation is clearly incidental to the dwelling use,
and no activity other than parking takes place outside the main dwelling
building.
[2]
The following occupations shall be considered
suitable as home occupations:
[a]
Office of an individual lawyer,
engineer, architect, accountant, or minister of religion;
[b]
Individual business person whose
occupation is conducted by telephone, or from his or her car, provided
no retail sales occur on the property, and no goods sold or used in
the business are stored outside the dwelling building or in a garage;
[c]
Individual tutoring of academic
subjects and piano instruction;
[d]
Custom dressmaking or tailoring.
[3]
No exterior changes shall be made to the dwelling
building, or exterior additions made specifically to accommodate the
home occupation and no structures shall be built to accommodate the
home occupation. No more than 25% of only one floor of the dwelling
structure may be used for the home occupation.
[4]
No more than one person not resident in the
dwelling may be employed.
[5]
Any sign on the property shall identify only the residents and not the home occupation, and shall conform to Article XI of this chapter.
[6]
No more than one home occupation may occur in
any dwelling building, or on the same property.
[7]
The home occupation shall not create offensive
noise, smoke, dust, glare, vibration, heat, or excessive traffic flow.
(4)
In R District, for a community club, provided:
(a)
The club is a chartered, nonprofit organization
other than a social, fraternal, business, or professional organization.
(b)
There is no sale of intoxicating beverages on
the premises.
(c)
All activities conducted on the premises are
those activities that will be not detrimental to the neighborhood,
taking into consideration the physical relationship of the proposed
use to the surrounding structures, the probable hours of operation,
social activities to be conducted, and the number of people to be
assembled or to use the premises at any one time.
(5)
In the R3 District, for the erection, alteration,
enlargement, or use of a building for:
(a)
A membership club, provided neither residence,
public restaurant, nor bar facilities are established; and provided
further that the Board determines that the time of operation, and
the intensity of the use, will be not disturbing to adjacent residential
uses.
(b)
A rooming house, on a zoning lot having a minimum
area of 10,000 square feet plus 300 square feet for each sleeping
room in excess of four, provided: where a sleeping room is occupied
by more than two beds, every two beds therein shall be counted as
a single sleeping room; the prescribed yard, lot width, and height
requirements for a one-family dwelling are met; and the Board determines
that the location of the use with respect to less intensive dwelling
uses is such as to be not disturbing to such uses.
(6)
In the C District, for the erection, enlargement, or use of a structure for a community garage or major garage (without major repair or body and fender work and with no outdoor parking of vehicles waiting to be served) or for the use of land for a community parking area, provided the Board determines that the proposed location is such that the use will be not detrimental to the general welfare of adjacent businesses and that the addition of the proposed use will not overly congest abutting streets. (See § 185-64D.)
(7)
In a C District for the use of a building for:
(a)
A funeral home, on a zoning lot have a minimum
area of 10,000 square feet plus 300 square feet for each reposing
room provided: the prescribed yard, lot width, and the height requirements
for a one-family dwelling are met; the main building shall be located
not nearer than 100 feet to property in any R District; there shall
be no crematory, receiving vault, preparation room, or display of
merchandise or advertising visible from outside the main or accessory
building; there shall be no loading or unloading of merchandise or
bodies of deceased persons on public property; there shall be no parking
or standing of motor vehicles on public property; and provided further
that the Board determines that the scale of business in relationship
to the character of the uses around the particular location will be
such as to be not detrimental to, or alter the character of, the neighborhood.
(b)
A tourist home on a zoning lot having a minimum
area of 10,000 square feet for each sleeping room in excess of four
provided: where a sleeping room is occupied by more than two beds
therein shall be counted as a single sleeping room; the prescribed
yard, lot width, and height requirements for a one-family dwelling
are met; only overnight accommodations for not more than five transient
guests are offered; and the Board determines that the location of
the use with respect to less intensive dwelling uses in such as to
be not disturbing to such uses.
(8)
In C2 Community Business Districts for the maintenance
and retail sale of pets subject to the following limitations:
(a)
The total number of dogs, cats and other small
mammals shall not exceed 100 in number on the premises at any time.
(b)
The total number of rodents, such as mice, guinea
pigs, hamsters, or the like, shall not exceed 300 in number on the
premises at any given time.
(c)
Satisfactory sanitation arrangements shall be
approved by the Zoning Hearing Board so that the premises are at all
times kept clean and odor free. Satisfactory safety standards shall
be maintained to protect the public at all times. All windows and
doors on the premises are to be kept closed except for ingress and
egress, and the premises shall be electrically or gas air-conditioned.
(d)
No poisonous reptiles or other dangerous animals
are to be sold or maintained on the premises.
(e)
No converted residence or dwelling unit, or
portion thereof, shall be used as a structure to house any such pet
shops.
C.
To vary or adjust the strict application of the requirements
of this chapter for only a use permitted in the district where the
lot is located, in the case of an exceptionally irregular, narrow,
shallow, or steep lot or other exceptional physical condition not
provided for in the district regulations or as a special exception,
as a result of which strict application would result in practical
difficulty or unnecessary hardship that would deprive the owner of
the reasonable use of the land or structures involved, but in no other
case. No variance in this strict application of any provisions of
this chapter shall be granted by the Board unless it finds:
(1)
That there are special circumstances or conditions,
fully described in the findings of the Board, applying to the land
or structure for which the variance is sought, which circumstances
or conditions are peculiar to such land or structure and do not apply
generally to land or structures in the neighborhood and have not resulted
from any act of the applicant or his predecessors in title subsequent
to the adoption of this chapter, whether or not in violation of the
provisions hereof.
(2)
That for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or structure. Further, that such variance, if granted, will be consistent with the spirit of the chapter and is necessary for the reasonable use of the land to avoid its confiscation except that the Subsection D constraint on the powers of the Zoning Hearing Board as regards land use variances in Residential Districts shall prevail. When such a variance is granted, it shall be at a minimum deviation from the requirements of this chapter in order to accomplish the purpose.
(3)
That the granting of the variance will be in harmony
with the general purposes and intent of this chapter; in accordance
with the general or specific rules herein contained; and not injurious
to the neighborhood, or otherwise detrimental to the public welfare.
In granting any variance, the Board shall prescribe any conditions
or safeguards applying thereto that it may deem to be necessary or
desirable, provided such conditions shall not be construed as modifying
or qualifying any of the conditions to be found before a variance
may be granted, as set forth above.
D.
The power of the Board to authorize a variance does
not include the power to permit a land use already enumerated as permissible
in any other district to be permitted by way of variance in a Residential
District where such land use is specifically not listed as a permissible
land use in that particular Residential District.
E.
The powers of the Board shall be interpreted and construed
so that the spirit of this chapter is not violated. Every decision
of the Board shall be based on stated findings of fact, and every
finding of fact shall be supported in the record of the hearing. The
enumerated conditions required to exist for the authorization of a
variance, and the conditions for the granting of a special exception,
shall be construed as limitations on the power of the Board to act.
A mere finding or recitation of the enumerated conditions, unaccompanied
by findings of specific fact, shall not be deemed findings of fact
and shall not be deemed compliance with this chapter. In exercising
the above-mentioned powers, the Board may, in conformity with the
provisions of this article, 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 ought to be made. Notice of such decision shall forthwith be given
to all parties of interest. If after a permit has been authorized
by the Zoning Hearing Board, the improvement so authorized has not
been started within six months from that date, the said authorization
shall be null and void.
F.
Appeal to court. Any person aggrieved by any decision
of the Zoning Hearing Board, or any municipal officer affected thereby,
may appeal therefrom within 30 days to the County Court of Allegheny
County.
