[Amended 8-25-1998 by Ord. No. 274]
The governing body may, by majority vote at
a regular meeting following a public hearing thereon, amend this chapter
pursuant to 53 P.S. § 10609.
A.
Appointment, term and removal.
(1)
A Zoning Hearing Board is hereby established
pursuant to the applicable provisions of the Pennsylvania Act of 1968
P.L. 805, No. 247, as amended, known as the "Pennsylvania Municipalities
Planning Code" (hereinafter PMPC). The Board shall consist of three
members who shall be residents of Loyalsock Township, to be appointed
by resolution of the governing body for three years. Appointments
shall be made in such a manner that the term of office of one member
of the Board shall expire each year. Members of the Board may be removed
from office by the Township Supervisors as provided by the PMPC. Vacancies
shall be filled by appointment of the Township Supervisors for the
unexpired term of the member affected. Members of the Board shall
hold no other office in Loyalsock Township. Board members shall receive
a fee for each hearing attended with the fee to be set by the governing
body via resolution.
(2)
The Board of Supervisors may appoint an alternate
member of the Zoning Hearing Board who shall be a resident of the
township. The term of office of an alternate member shall be three
years. The alternate member may be seated whenever any of the three
regular members are unavailable. When seated, an alternate shall be
entitled to participate in all proceedings and discussions of the
Board to the same extent as provided by law for Board Members. The
alternate shall hold no other office in Loyalsock Township.
B.
Jurisdiction, hearings, appeals and notice. The Zoning
Hearing Board shall have jurisdiction concerning interpretation or
administration of this chapter to the full extent permitted by the
PMPC as amended.
(1)
Notice of appeal and hearing:
(a)
An appeal to the Zoning Hearing Board regarding
an interpretation or administration of this chapter may be taken only
by a person aggrieved, or by an officer or bureau of Loyalsock Township.
Such appeal shall be taken within 60 days of the date of notice of
the interpretation or decision appealed.
(b)
An appeal to the Zoning Hearing Board shall
be taken by filing with the Zoning Officer a written notice of the
appeal specifying the grounds of the appeal.
(c)
The Zoning Officer shall forthwith transmit
to the Zoning Hearing Board all papers constituting the record upon
which the appeal is taken.
(d)
Written notice of any hearing of the Zoning
Hearing Board shall be given to the applicant, the Zoning Officer
and any person who has requested notice, in writing. Notice shall
also be given as required by the PMPC.
(e)
Hearings of the Zoning Hearing Board shall be
conducted in the manner provided by the PMPC.
(2)
Decision. The Zoning Hearing Board shall render
a written decision in the manner provided by the PMPC.
C.
Stay of proceedings and bond.
(1)
During the time that an appeal is pending before
the Zoning Hearing Board, all land development undertaken pursuant
to any challenged ordinance, order or approval shall be stayed unless
the Zoning Officer certifies, in writing, to the Board facts which
satisfy a majority of the Board that such a stay would cause imminent
danger to life or property. In the event that a majority of the Board
is satisfied that such a stay would cause imminent peril to life or
property, land development shall not be stayed other than by order
of a court of competent jurisdiction.
(2)
In the event that an application for land development
in Loyalsock Township has been duly approved but is stayed as a result
of an appeal from the land development approval by persons other than
the proposed developer, the proposed developer may petition a court
of competent jurisdiction to order the party appealing the land development
approval to post a bond as a condition to continuing the appeal before
the Zoning Hearing Board. The nature and amount of the bond shall
be determined by the court. The purpose of the bond shall be to indemnify
the land developer for any damages which the land developer may sustain
as a result of the delay in the land development caused by the appeal.
The land developer shall not be indemnified through the bond in the
event that the land development approval is finally reversed by the
Zoning Hearing Board or by the governing body or by a court of competent
jurisdiction.
A.
Requirements of permits. A zoning permit shall be
required prior to the erection, addition, remodeling or alteration
or use of any building, structure or development of land, or portion
thereof, or prior to the change or extension of a nonconforming use,
building or structure. It shall be unlawful for any person to commence
work for or on the above until a zoning permit has been issued therefor.
[Amended 3-9-2004 by Ord. No. 303]
B.
Application for zoning permits.
(1)
All applications for zoning permits shall be
accompanied by plans in duplicate, drawn to scale, showing the actual
shape and dimensions of the lot to be built upon, the exact size and
location of any buildings existing on the lot, the lines within which
the proposed building or structure shall be erected of altered, the
existing and intended use of each building or part of a building,
the number of families or dwelling units the building is designed
to accommodate and such information as may be necessary to determine
compliance with this chapter and all other pertinent ordinances.
(2)
One copy of such plans shall be returned to
the owner when such plans are approved by the Zoning Officer. All
applications with accompanying plans and documents shall become a
public record after a permit is issued or denied.
C.
Proof of compliance. It shall be the responsibility
of the applicant in all cases to furnish adequate information and
to certify that the proposed use will comply with all regulations,
including performance standards as will permit the carrying out of
the provisions of this chapter.
D.
Issuance of permits. No zoning permit shall be issued
until the Zoning Officer has certified that the proposed development
of building, addition or alteration complies with all the provisions
of this chapter.
[Amended 3-9-2004 by Ord. No. 303]
E.
Temporary permits. A temporary permit may be authorized
by the governing body after review and comment from the Planning Commission
for a nonconforming structure or use which it deems beneficial to
the public health or general welfare or which it deems necessary to
promote the proper development of the community, provided that such
nonconforming structure or use shall be completely removed upon expiration
of the permit without cost to the township. Such permits shall be
issued for a specified period of time not to exceed one year, and
may be renewed annually for an aggregate period not exceeding three
years.
F.
Occupancy permits. No building hereafter constructed,
erected or altered shall be occupied or used in whole or in part for
any use whatsoever, and no change of use of any building or part thereof,
or of any land shall hereafter be made, until an occupancy permit
has been issued by the Zoning Officer, certifying that the building
or use complies with the provisions of this chapter. An occupancy
permit shall be granted or denied within 10 days from the date of
written application therefor.
G.
Zoning appeal or variance request. An appeal or application
for a variance shall be filed with the Zoning Officer and shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real
estate to be affected by the proposed exception or variance.
(3)
A brief description and location of the real
estate to be affected by such proposed change.
(4)
A statement of the present zoning classification
of the real estate in question, the improvements thereon and the present
use thereof.
(5)
A statement of the section of this chapter under
which the variance or exception requested may be allowed and reasons
why it should be granted.
(6)
A reasonably accurate description of the present improvements and the additions intended to be made under this application, indicating the size of the proposed improvements, material and general construction thereof. In addition, there shall be attached a plat plan of the real estate to be affected, as provided in Subsection B of this section, indicating the location and size of the lot and size of improvements now erected and proposed to be erected thereon.
H.
Conditional uses.
(1)
Application. Any party seeking approval of the
conditional use shall file a written application with the Zoning Officer.
The Zoning Officer shall promptly refer the application to the Loyalsock
Township Planning Commission. The Commission shall review the application
and submit a recommendation regarding the application to the Loyalsock
Township Supervisors within 45 days of the Commission's first consideration
of the application. The written application for a conditional use
submitted to the Zoning Officer shall include at least the following
information:
[Amended 8-22-2006 by Ord. No. 317]
(a)
A written statement describing the tract of
land and the location of the tract of land.
(b)
The present use of the tract for which the conditional
use is requested.
(c)
The present use of adjoining tracts.
(d)
A brief description of the conditional use proposed
and its operation.
(e)
The name and address of the applicant, the name
and address of the owner of the tract, the name and address of the
developer of the conditional use and the name and address of the party
or organization who or which will operate the conditional use.
(f)
The site plan shall be drawn to scale sufficient
to clearly show the features of the tract and shall show:
[1]
Title block containing the name of the developer
or land owner, date, scale and the name and profession of the preparer
of the plan.
[2]
Tract boundaries showing bearing and distance.
[3]
Existing significant natural or man made features
of the site.
[4]
Existing and proposed streets, rights-of-way,
easements, means of access and setback lines.
[5]
Existing buildings, sewers, water mains, culverts,
transmission lines, and fire hydrants on or adjacent to the site.
(g)
Proposed building plans shall be drawn to scale
showing the following:
[1]
Floor plan of each floor of any proposed building
or building to be remodeled.
[2]
Elevation drawing of proposed buildings or existing
buildings to be remodeled. If existing building is not to be changed
on the exterior, pictures of the structure or building will be acceptable
in lieu of elevation drawings.
(2)
Hearing. The Township Supervisors shall hold
a public hearing pursuant to public notice to consider the application
for a conditional use. The Township Supervisors shall reach a decision
within 30 days after the last public hearing on the application. Within
15 days of the date of the decision on the application, the Township
Supervisors shall notify the applicant, in writing, by registered
or certified mail, of the decision on the application. In the event
that the application is denied, the Township Supervisors shall give
the applicant a brief, written explanation for the denial. In considering
the application, the Township Supervisors shall consider at least
the following:
(a)
The purpose of the zone in which a requested
conditional use is located, and the compatibility of the requested
conditional use with existing and potential land uses on adjacent
tracts of land.
(b)
Whether the specific site is an appropriate
location for the use, structure or condition, taking into consideration
the economic effect and compatibility and harmony with properties
on adjacent tracts of land.
(c)
Whether the use developed will adversely affect
the neighborhood.
(d)
Whether the use will create undue nuisance or
serious hazard to vehicles or pedestrians.
(e)
Whether adequate and appropriate facilities
will be provided to ensure the proper operation of the proposed use.
(f)
The economic, noise, glare or odor effects of
the conditional use on adjoining properties and properties generally
in the district.
(g)
Whether satisfactory provision and arrangement
has been made concerning the following:
(3)
Reasonable conditions. Where the Township Supervisors
grant an application for a conditional use, the Supervisors may attach
reasonable conditions and safeguards to the approval to the extent
that such reasonable conditions and safeguards are necessary to implement
the purposes of the Loyalsock Township Zoning Chapter and the PMPC.
Such reasonable safeguards may include, but need not be limited to,
adequate provision for ingress and egress of vehicles and pedestrians,
refuse and service areas, utilities, screening and buffering, signs,
exterior lighting and yards and open spaces.
I.
Zoning challenges. Any Loyalsock Township landowner
with appropriate standing may challenge the validity of any provision
of this chapter in the manner provided by the PMPC.
J.
Time limitations.
[Amended 3-27-2012 by Ord. No. 347]
(1)
Any party that obtains a variance approval from
the Loyalsock Township Zoning Hearing Board must file an application
and obtain a zoning permit within one year from the date the variance
was granted, or the variance approval shall become null and void.
The applicant may request an extension of time from the Zoning Hearing
Board, which request must be received before the end of the time limit
herein established. The Zoning Hearing Board has the right to grant
or deny said request for an extension of time.
(2)
Any party that obtains an approval for a conditional
use from the Loyalsock Township Board of Supervisors must file an
application and obtain a zoning permit within one year from the date
the conditional use approval was granted by the Board of Supervisors,
or such approval shall become null and void. The applicant may request
an extension of time from the Board of Supervisors, which request
must be received before the end of the time limit herein established.
The Board of Supervisors reserves the right to grant or deny said
request for an extension of time.
