[Ord. 983, 3/4/1992, § 7.1]
1. Persons desiring to undertake any new construction, structural or
site alteration, or changes in the use of a building or lot shall
apply to the Zoning Officer for a zoning permit by filling out the
appropriate application form and by submitting the required fee.
2. The Zoning Officer shall either issue the zoning permit or shall
refuse the permit, indicating in writing the reason for refusal. Certain
construction, alterations or uses require approval of the Zoning Hearing
Board, Borough Council and/or the recommendations of the Planning
Commission.
3. If refused a permit by the Zoning Officer, the applicant may appeal
to the Zoning Hearing Board for further consideration.
4. After the zoning permit has been received by the applicant, he may
undertake the action permitted by the zoning permit.
5. Upon completion of such action, the applicant shall apply to the
Zoning Officer for an occupancy permit (where such a permit is required).
6. If the Zoning Officer finds that the action of the applicant is in
accordance with the zoning permit and any other required permits,
he shall issue an occupancy permit allowing the premises to be occupied.
[Ord. 983, 3/4/1992, § 7.2]
1. Zoning Permit.
A. Scope.
(1)
No person shall erect, alter, or convert any structure or building,
nor alter the use of any land or structure, until the Zoning Officer
issues a zoning permit to the person for said change or construction.
(2)
No zoning permit is required for normal maintenance and repairs.
(3)
A zoning permit is automatically void unless construction is
started within 120 days from the date the permit is issued.
B. Types of Uses.
(1)
Permitted Use. A zoning permit for a permitted use may be issued
by the Zoning Officer.
(2)
Special Exception, Variance. A zoning permit for a use requiring
a special exception or variance shall be issued by the Zoning Officer
only upon the order of the Zoning Hearing Board after a hearing following
a review by the Planning Commission. An application for a special
exception, variance or for interpretation of any part or provision
of this chapter shall be made to the Zoning Hearing Board on forms
which may be obtained from the Zoning Officer.
(3)
Conditional Use. A zoning permit for a conditional use shall
be issued by the Zoning Officer only upon the written order of Borough
Council following a review by the Planning Commission. An application
for a conditional use shall be made to Borough Council on forms which
may be obtained from the Zoning Officer.
C. Application.
(1)
All applications for a zoning permit shall be in writing on
a form provided by the Zoning Officer and shall be submitted to the
Zoning Officer. The Zoning Officer shall refuse to accept incomplete
applications. No regulatory timetable shall begin until the Zoning
Officer determines that an application is complete.
(2)
All applications for a zoning permit shall include a plot plan
drawn to scale showing the location and dimensions of the lot area
and of the proposed uses of buildings and/or land. The Zoning Officer
or the Zoning Hearing Board may require any additional information
which he deems necessary to properly evaluate the application for
the purpose of determining its conformity with this chapter.
(3)
Prior to the issuance of any zoning permit, the Zoning Officer
shall review the application for such permit to determine if all other
necessary governmental permits have been obtained. No permit shall
be issued until this determination has been made.
(4)
The Zoning Officer shall submit the following for review and
recommendation to any appropriate agency and/or individuals (e.g.,
Planning Commission, Area Planning Commission, Borough Engineer, etc.)
for review and comment:
(a)
All requests for conditional uses or special exceptions involving
developments of more than five acres.
(b)
All sketch and preliminary subdivision or land development plans
of commercial or industrial developments of more than five acres or
residential developments of 25 or more dwelling units.
D. Issuance.
(1)
The Zoning Officer shall issue or refuse an application for
a zoning permit within 15 days after the date such application was
made, except as specifically provided for in this chapter.
(2)
A zoning permit shall be prepared in at least duplicate.
(3)
One copy shall be kept conspicuously on the premises. No person
shall perform building operations of any kind unless a zoning permit
is being displayed as required by this chapter.
(4)
After the issuance of a zoning permit by the Zoning Officer,
no changes of any kind shall be made to the application, permit, plans,
specifications or other documents submitted with the application without
the written consent or approval of the Zoning Officer.
2. Occupancy Permit.
A. Scope. An occupancy permit shall be secured from the Zoning Officer
upon the completion of any structure and prior to the occupancy of
that structure. An occupancy permit shall also be secured from the
Zoning Officer prior to the reoccupancy of any structure or land where
a commercial or industrial use is to be located, and for any change
of use of any existing building or land where a commercial or industrial
use will be involved.
B. Application. All applications for an occupancy permit shall be in
writing on a form furnished by the Zoning Officer.
C. Issuance.
(1)
The Zoning Officer shall grant or refuse an application for
an occupancy permit within 15 days after being notified of the completion
of authorized construction or alteration, or (where no construction
or alteration is involved) within 15 days after receipt of such application.
(2)
A copy of the occupancy permit shall be kept upon the premises,
and shall be displayed upon request made by any officer of the Borough.
3. Other Permits. The Borough may require additional permits specified
in other related ordinances and laws.
4. Certificate of Nonconforming Use or Structure.
A. The owner of the premises occupied by a lawful nonconforming use
or structure shall secure a certificate of nonconforming use or structure
from the Zoning Officer.
B. Such certificate shall be authorized by the Zoning Officer and shall
certify to the owner his right to continue such nonconforming use
or structure.
[Ord. 983, 3/4/1992, § 7.3]
1. Appointment.
A. The Zoning Officer shall be appointed by Borough Council and shall
not hold any elective office.
B. The Zoning Officer shall continue to serve the Borough until such
time as Borough Council declares otherwise.
2. Duties and Powers.
A. The Zoning Officer shall:
(1)
Administer this chapter in accordance with its literal terms.
(2)
Receive and examine all applications required under the terms
of this chapter.
(3)
Issue or refuse permits within 15 days of the receipt of the
application, except as specifically provided for in this chapter.
(4)
Receive complaints of violation of this chapter.
(5)
Issue a written notice of violation to any person violating
any provision of this chapter.
(6)
Keep records of applications, permits and certificates issued,
of variances granted by the Board, of complaints received, of inspections
made, of reports rendered, and of notice or orders issued.
(7)
Make all required inspections and perform all other duties as
called for in this chapter.
B. The Zoning Officer shall not have the power to permit any construction,
use or change of use which does not conform to this chapter.
[Ord. 983, 3/4/1992, § 7.4]
1. Appointment.
A. The Zoning Hearing Board shall consist of five residents of the Borough
appointed by Borough Council.
B. Board members shall serve terms of five years, so fixed that the
term of office of one member shall expire each year.
C. Members of the Board shall hold no other office in the Borough.
2. Vacancies.
A. The Board shall promptly notify Borough Council of any vacancies
which occur.
B. Appointments to fill vacancies shall be only for the unexpired portion
of a term.
3. Removal.
A. Any Board member may be removed for just cause by a majority vote
of Borough Council, if the member has received 15 days notice of the
intent to take such a vote.
B. A hearing shall be held in connection with the vote, if the member
so requests it in writing.
4. Organization.
A. The Board shall elect officers from its own membership. Officers
shall serve annual terms and may succeed themselves.
B. For the conduct of any hearing and taking of any action, a quorum
shall be not less than a majority of all members of the Board. But
where two members are disqualified to act in a particular matter,
the remaining members may act for the Board.
C. The Board may make, alter and rescind rules and forms for its procedure,
consistent with all applicable Borough ordinances and laws of the
Commonwealth.
D. The fees for all proceedings, hearings and actions by the Board shall
be paid by the applicant.
5. Expenditures.
A. Within the limits of funds appropriated by Borough Council, the Zoning
Hearing Board may employ or contract for secretaries, clerks, legal
counsel, consultants and other technical and clerical services.
B. Members of the 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.
6. Zoning Hearing Board Functions. The Zoning Hearing Board shall be
responsible for the following:
A. Appeal from the Zoning Officer.
(1)
The Board shall hear and decide appeals where it is alleged
by the appellant (the landowner affected, any office or agency of
the Borough or any person aggrieved) that the Zoning Officer has failed
to follow prescribed procedures, or has misinterpreted or misapplied
any valid provision of this chapter or any valid rule or regulation
governing the action of the Zoning Officer.
(2)
All appeals which allege that the Zoning Officer has made an
error shall be filed directly with the Secretary of the Zoning Hearing
Board within 30 days of the Zoning Officer's alleged error.
(3)
Such appeals shall be in writing and shall explain fully the
facts and parties in the case and shall clearly state the reasons
or provisions of the ordinance on which the appeal is based.
(4)
Nothing contained herein shall be construed to deny the appellant
the right to proceed directly in court, pursuant to Pennsylvania Rules
of Civil Procedure, Sections 1091-1098 (relating to mandamus).
B. Challenge to the Validity of this Chapter or Map.
(1)
The Board shall hear challenges to the validity of this chapter
filed with the Board in writing by the landowner affected, any officer
or agency of the Borough, or any person aggrieved.
(2)
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 on appeal to the court.
C. Variance.
(1)
The Board shall hear requests for variances filed with the Board
in writing by any landowner (or any tenant with the permission of
such landowner) which allege that the provisions of this chapter inflict
unnecessary hardship upon the applicant.
(2)
The Board may grant a variance only if the following findings,
where relevant, are made:
(a)
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.
(b)
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 a variance is therefore necessary
to enable the reasonable use of the property.
(c)
Such unnecessary hardship has not been created by the appellant.
(d)
The use that is being requested is a use permitted in the zoning
district where the request is being made. A variance shall not be
granted for any use which is not permitted in the zoning district
where the request is being made.
(e)
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.
(f)
The variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
(3)
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.
(4)
Unless otherwise extended, ordered or authorized by the Zoning
Hearing Board, the grant of a variance shall automatically expire
and be deemed null and void if:
(a)
Within one year of the date of the order granting the variance
no building or use permit has been issued therefor.
(b)
Within four months of the date of the issuance of a permit,
no substantial amount of work has been performed in reliance thereon.
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Extensions of the above time limitations shall only be granted
for urgent and compelling reasons. All orders of the Zoning Hearing
Board granting variances shall include a specific reference to this
section with an appropriate warning of its effect.
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D. Special Exception.
(1)
The Board shall hear and decide requests for all special exceptions
filed with the Board in writing by any landowner (or any tenant with
the permission of such landowner), as provided in this chapter and
in accordance with such standards and criteria contained in this chapter.
(2)
In granting a special exception, the Zoning Hearing Board may
attach such reasonable conditions and safeguards, in addition to those
expressed in this chapter, as it may deem necessary to implement the
purposes and intent of this chapter.
(3)
Unless otherwise extended, ordered or authorized by the Zoning
Hearing Board, the grant of a special exception shall automatically
expire and be deemed null and void if:
(a)
Within one year of the date of the order granting the special
exception no building or use permit has been issued therefor.
(b)
Within four months of the date of the issuance of a permit,
no substantial amount of work has been performed in reliance thereon.
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Extensions of the above time limitations shall only be granted
for urgent and compelling reasons. All orders of the Zoning Hearing
Board granting special exceptions shall include a specific reference
to this section with an appropriate warning of its effect.
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E. Unified Appeals.
(1)
Where the Board has jurisdiction over any zoning matter pursuant to § 704, Subsection
6, of this Part, it shall also hear all appeals which an applicant may elect to bring before it with respect to any Borough ordinance or requirements pertaining to the same development plan or development.
(2)
In such a case, the Board shall have no power to pass upon the
non-zoning issues, but shall take evidence and make a record thereon
as provided in § 705. At the conclusion of the hearing,
the Board shall make findings on all relevant issues of fact which
shall become part of the record on appeal to the court.
F. Hearings. The Board shall conduct hearings and make decisions in
accordance with § 705.
G. Records and Reports. The Board shall keep full public records of
its business and shall submit an annual report of its activities to
Borough Council.
H. Court Appeals.
(1)
In the case of an appeal from the Board to the court of common
pleas, the Board shall make the return required by law, and shall
promptly notify the Borough Solicitor of such appeal and furnish him
with a copy of the return including the transcript of testimony.
(2)
Any decision of the Board not appealed within 30 days after
notice thereof shall be final.
7. Applications to the Board.
A. All appeals from a decision of the Zoning Officer and applications
to the Board shall be in writing on forms prescribed by the Board.
B. Every appeal or application shall include the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the property to be affected
by such proposed change or appeal.
(3)
A brief description and location of the property to be affected
by such proposed change or appeal.
(4)
A statement of the present zoning classification of the property
in question, the improvements thereon and the present use thereof.
(5)
A statement of the section of this chapter under which the appeal
is made and reasons why it should be granted, or a statement of the
section of this chapter governing the situation in which the alleged
erroneous ruling is being appealed and the reasons for this appeal.
(6)
A reasonably accurate description of the additions or changes
intended to be made under this application, indicating the size, material
and general construction of such proposed improvements. A plot plan
of the property to be affected, indicating the location and size of
the lot and the size of existing and intended improvements, shall
be attached to the description.
8. Time Limitations; Persons Aggrieved. The time limitations for raising
certain issues and filing certain issues and filing certain proceedings
with the Board shall be the following:
A. Appeals.
(1)
No person shall be allowed to file any proceedings with the
Board later than 30 days after any 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.
(2)
If such person has succeeded to his interest after such approval,
he shall be bound by the knowledge of his predecessor in interest.
B. The failure of anyone other than the landowner to appeal from an
adverse decision on a tentative or preliminary plan pursuant to § 709
of Act 170 (as amended) (regarding a planned residential development)
or from an adverse decision by a Zoning Officer on a challenge to
the validity of this chapter or Zoning Map pursuant to § 916.1
of Act 170 (as amended) regarding validity of ordinance) 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.
9. Stay of Proceedings.
A. Upon filing of any proceeding referred to in § 704, Subsection
6, and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed.
B. The development or official action shall not be stayed if 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.
C. Notwithstanding § 704, Subsection
9B, a restraining order may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
D. Application for Development.
(1)
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 court having jurisdiction of zoning
appeals to order such persons to post bond as a condition to continuing
the proceedings before the Board.
(2)
The question whether or not such petition should be granted
and the amount of the bond shall be within the sound discretion of
the court.
[Ord. 983, 3/4/1992, § 7.5; as amended by Ord.
992, 3/3/1993, § 8; and by Ord. 1004, 7/6/1994]
The Board shall conduct hearings and make decisions in accordance
with the following:
A. Notice of Hearings. Notice of all hearings of the Board shall be
given as follows:
(1)
Notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the 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 not less than seven
days from the date of the hearing.
(2)
Notice of such hearing shall be conspicuously posted on the
affected tract of land.
(3)
Notice shall be given to the applicant, the Zoning Officer,
the Commission, Borough Council, adjoining property owners (including
those across the street) and any other person or group (including
civic or community organizations) who has made a timely request for
such notice, by personally delivering or mailing a copy of the published
notice.
(4)
Borough Council may establish reasonable fees, based on cost,
to be paid by the applicant for any notice required by this chapter
and by persons requesting any notice not required by this chapter.
B. Parties.
(1)
The parties to the hearing shall be the Borough, any person
affected by the application who has made timely appearance of record
before the Board, and any other person including civic or community
organizations permitted to appear by the Board.
(2)
The Board shall have power to require that all persons who wish
to be considered parties enter appearances in writing on forms provided
by the Board for that purpose.
C. Oaths and Subpoenas. The chairman or acting chairman of the Board
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
D. Representation by Counsel. The parties shall have the right to be
represented by counsel and shall be afforded the opportunity to respond
and present evidence and argument and cross-examine adverse witnesses
on all relevant issues.
E. Evidence. Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
F. Record.
(1)
The Board or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings.
(2)
A transcript of the proceedings and copies of graphic or written
material received in evidence shall be made available to any party
at cost.
G. Ex Parte Communications.
(1)
The Board shall not communicate, directly or indirectly, with
any party or his representatives in connection with any issue involved,
except upon notice and opportunity for all parties to participate.
(2)
The Board shall not take notice of any communication, reports,
staff memoranda or other materials unless the parties are afforded
an opportunity to contest the material so noticed.
(3)
After the commencement of hearings, the Board shall not inspect
the site or its surroundings with any party or his representative,
unless all parties are given an opportunity to be present.
H. Referral to Planning Commission.
(1)
The Board shall refer to the Planning Commission:
(a)
All applications for special exceptions as noted by an asterisk(*)
in this chapter.
(b)
Any other application or appeal which in the opinion of the
Board requires review by the Commission.
(2)
In its review of a special exception, the Commission shall determine
compliance with the standards and criteria set forth in this chapter.
(3)
In all cases the Commission shall report in writing its findings
and recommendations to the Board within 30 days of their receiving
the request for review.
(4)
The Board and Commission shall establish mutually acceptable
procedures to assure that the review is accomplished in time to permit
the Board to make its required decision.
I. Decision/Findings.
(1)
The Board shall render a written decision or make written findings
(when no decision is called for) on the application within 45 days
after the last hearing before the Board.
(2)
Where the application is contested or denied, the decision shall
be accompanied by findings of fact and conclusions based thereon,
together with the reasons therefor.
(3)
Any conclusion based on any provision of Act 247, as amended,
or of this chapter, or of any other ordinance, rule or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in light of the facts found.
(4)
When the Zoning Hearing Board fails to render the decision within
the period required by this chapter, or fails to hold the required
hearing within 60 days from the date of the applicant's request for
a hearing, the decisions shall be deemed to have been rendered in
favor of the applicant, unless the applicant has agreed in writing
to an extension of time.
J. Notice of Decision.
(1)
A copy of the final decision or a copy of the findings (when
no decision is called for), shall be delivered to the applicant personally
or mailed to him not later than the day following its date.
(2)
The Zoning Hearing Board shall provide (by mail or otherwise)
a brief notice of the decision or findings and a statement of the
place where the full decision or findings may be examined to all other
persons who have filed their name and addresses with the Zoning Hearing
Board not later than the last day of the hearing.
(3)
When a decision has been rendered in favor of the applicant
because of the failure of the Board to meet or render a decision as
described in § 705I(4), the Borough shall give public notice
of said decision within 10 days in the same manner as provided in
§ 705A.
[Ord. 983, 3/4/1992, § 7.6]
1. In General. All appeals for securing review of this chapter or any
decision, determination or order of Borough Council, its agencies
or officers issued pursuant to this chapter, shall be in conformance
with Act 170, as amended.
2. Procedural Defects in Enactment. Questions of an alleged defect in
the process of enactment or adoption of this chapter shall be raised
by an appeal taken directly from the action of Borough Council to
the court filed not later than 30 days from the effective date of
this chapter or map.
3. To the Zoning Hearing Board. Appeals to the Board shall comply with
§ 704.
[Ord. 983, 3/4/1992, § 7.7]
1. The Borough may, on its own motion or by petition, amend, supplement,
change, modify or repeal this chapter.
2. Before voting on the enactment of an amendment, Borough Council shall
hold a public hearing thereon, pursuant to public notice.
3. In the case of an amendment other than that prepared by the Planning
Commission, Borough Council shall submit each such amendment to the
Planning Commission at least 30 days prior to the hearing on such
proposed amendment and permit the Commission an opportunity to submit
recommendations.
4. Recommendations.
A. Borough Council or the Planning Commission shall submit the proposed
amendment to the County Planning Commission for recommendations at
least 30 days prior to the hearing on such proposed amendment.
B. The recommendation of the County Planning Commission shall be made
to Borough Council within 45 days, and the proposed action shall not
be taken until such recommendation is made or until after 45 days.
5. If, after any public hearing held upon an amendment, the proposed
amendment is revised, or further revised, to include land previously
not affected by it, Borough Council shall hold another public hearing,
pursuant to public notice, before proceeding to vote on the amendment.
[Ord. 983, 3/4/1992, § 7.8]
1. A landowner who desires to challenge on substantive grounds the validity
of this chapter which prohibits or restricts the use or development
of land in which he has an interest, may submit a curative amendment
to Borough Council with a written request that his challenge and proposed
amendment be heard and decided as provided in Act 170, as amended.
2. Borough Council shall commence a hearing thereon within 60 days of
the request unless the landowner requests a consent to an extension
of time.
[Ord. 983, 3/4/1992, § 7.9]
1. Borough Council has established by resolution a schedule of fees
and a collection procedure relating to all applications filed pertaining
to this chapter.
2. No application shall be considered filed until all fees are paid.
[Ord. 983, 3/4/1992, § 7.10; as amended by Ord.
992, 3/3/1993, § 9]
1. Enforcement Remedies. If any building, structure or land is, or is
proposed to be, erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, Borough Council and/or
the Zoning Officer may, in addition to other remedies, institute in
the name of the Borough any appropriate action or proceeding to prevent,
restrain, correct or abate such building, structure or land, or to
prevent, in or about such premises, any act, conduct, business or
use constituting a violation.
2. Enforcement Penalties.
A. The penalty for violation of this chapter shall be a civil fine in
the amount of up to $500 plus all court costs, including reasonable
attorney fees incurred by the Borough as a result of the violation
thereof.
B. Each day that a violation occurs shall constitute a separate violation,
unless the district justice determines that there has been a violation
and further determines that there was good faith basis for the person,
partnership or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of determination of a violation by the district justice and
thereafter, each day that a violation continues shall constitute a
separate violation.
C. All judgment, costs and reasonable attorney fees collected for violation
of this chapter shall be paid to the Borough.
[Ord. 983, 3/4/1992, § 7.11]
The Borough Council shall request the Borough Planning Commission
to comprehensively review this chapter at least once every five years
from the date that Borough Council originally adopted this chapter.