Borough of Palmyra, PA Zoning Hearing Board

Within the limits of funds appropriated by the Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, 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 the Borough Council. Alternate members of the Zoning Hearing Board may receive compensation, as may be fixed by the Borough Council, for the performance of their duties when designated as alternate members pursuant to § 380-136, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members by the Borough Council.

§ 380-138 Public hearings.

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with Article IX of the MPC.[1]

[1]

Editor's Note: See 53 P.S. § 10901 et seq.

§ 380-139 Zoning Hearing Board's functions.

The Zoning Hearing Board shall have the exclusive jurisdiction established in Article IX of the MPC[1] and as follows.

[1]

Editor's Note: See 53 P.S. § 10901 et seq.

Special exceptions. The Zoning Hearing Board shall hear and act upon applications for special exceptions as specifically authorized by this chapter. The granting of a special exception shall be subject to the following standards and criteria. The applicant for a special exception shall demonstrate, by credible evidence, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question.

(1)

Filing requirements. In addition to the required permit information (see § 380-141), each special exception application shall include the following:

(a)

Ground floor plans and elevations of proposed structures;

(b)

Names and address of adjoining property owners, including properties directly across a public right-of-way;

(c)

A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and

(d)

A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.

(2)

General criteria. Each applicant must demonstrate, by credible evidence, compliance with the following:

(a)

The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance and such use is specifically authorized as a use by special exception within the zone wherein the applicant seeks approval;

(b)

The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties;

(c)

The proposed use will not substantially change the character of the subject property's neighborhood nor adversely affect the character of the general neighborhood, the conservation of property values, the health and safety of residents or workers on adjacent properties and in the neighborhood, nor the reasonable use of neighboring properties. The use of adjacent properties shall be adequately safeguarded;

(d)

Adequate public facilities are available to serve the proposed use and the proposed use shall not have an adverse effect upon the logical and economic extension of such public services and facilities (e.g., schools, parks and recreation, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.);

(e)

The applicant shall establish by credible evidence that the proposed special exception shall be in and of itself properly designed with regard to internal circulation, off-street parking, off-street loading, landscaping, screening, buffering, and all other elements of proper design as specified in this chapter and any other governing law or regulation;

(f)

The proposed use shall comply with those criteria specifically listed in Article IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter; and

(g)

The proposed use will not substantially impair the integrity of the Comprehensive Plan;

(3)

Conditions. The Zoning Hearing Board in approving special exception applications may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article VII; and

(4)

Site plan approval. Any site plan presented in support of the special exception pursuant to Subsection B(1)(c) shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change on the subject property not reflected on the originally approved site plan shall require the approval of another special exception.

Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may, by rule, prescribe the form of application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided that the applicant submits sufficient evidence for the Zoning Hearing Board to make the following findings 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 zone in which the property is located;

(2)

That because of such physical circumstances or conditions, there is not 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 reasonable use of the property;

(3)

That such unnecessary hardship has not been created by the appellant;

(4)

That the variance, if authorized, will not alter the essential character of the zone or neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare;

(5)

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue;

(6)

In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and subject to the penalties described in Article VII; and

(7)

If a zoning permit has been requested, the approved variance with any conditions imposed by the Zoning Hearing Board shall be attached to the application. Where the variance is approved prior to the application, then the approved variance with any conditions imposed by the Zoning Hearing Board shall be forwarded to the Zoning Officer.

Effect of Zoning Hearing Board's decision.

[Added 4-12-2022 by Ord. No. 815]

(1)

If the variance or special exception is granted or the issuance of a permit is approved, or other action by the appellant or applicant is authorized, the necessary permit shall be secured and the authorized action begun within two years from the date when the variance or special exception is granted, or the issuance of a permit is approved or the other action by the appellant or applicant is authorized, and the building or alteration, as the case may be, shall be completed within four years of said date. For good cause, the Zoning Hearing Board may, upon application in writing, state the reasons therefore, extend either the two-year or four-year period.

(2)

Should the appellant or applicant fail to obtain the necessary permits within said two-year period, or having obtained the permit should he fail to commence work thereunder within such two-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Zoning Hearing Board.

(3)

Should the appellant or applicant commence construction or alteration within said two-year period, but should he fail to complete such construction or alteration within said four-year period, the Zoning Hearing Board may, upon 10 days' notice in writing, rescind or revoke the granted variance or special exception, or the issuance of the period, or permits, or the other action authorized to the appellant or applicant, if the Zoning Hearing Board finds that a good cause appears for the failure to complete the work within such four-year period, and if the Zoning Hearing Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.