A.
Long title:
"A new ordinance dividing Jacobus Borough, York County, Pennsylvania,
into districts with varying regulations; permitting, prohibiting,
regulating and determining the uses of land, watercourses and other
bodies of water, the size, height, bulk, location, erection, construction,
repair, expansion, razing, removal and use of structures, the areas
and dimensions of land and bodies of water to be occupied by uses
and structures, as well as yards and other open areas to be left unoccupied;
establishing the maximum density and intensity of uses; providing
for the administration and enforcement of this ordinance in accordance
with the Pennsylvania Municipalities Planning Code,[1] including provisions for special exceptions and variances
to be administered by a Zoning Hearing Board; and establishing provisions
for the protection of certain natural features."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Short title.
This chapter shall be known and may be cited as the "Jacobus Borough
Zoning Ordinance of 2009."
It is hereby declared to be the legislative intent that if a
court of competent jurisdiction declares any provisions of this chapter
to be invalid, the effect of such decision shall be limited to those
provisions which are expressly stated in the decision to be invalid.
In such case, all provisions of this chapter that were not declared
invalid shall continue to be separately and fully effective. The Borough
Council hereby declares that it would have passed all other parts
of this chapter, without including any part declared invalid, if it
had advance knowledge that such part would be declared invalid. If
the entire chapter should be declared invalid, then the Jacobus Borough
Zoning Ordinance that was in effect immediately prior to the enactment
of this new chapter shall automatically be reinstated as the Zoning
Ordinance for Jacobus Borough.
Allegations that this chapter or any amendment was enacted in
a procedurally defective manner shall be appealed as provided in Pennsylvania
law.
This chapter shall apply throughout Jacobus Borough. Any activity regulated by this chapter shall occur only in conformity with the regulations of this chapter. See § 250-6A.
This chapter is hereby adopted:
B.
In accordance with goals and objectives of the York County Comprehensive
Plan, which are hereby included by reference.
C.
To carry out the following major objectives:
(1)
To ensure that development carefully relates to natural features,
and to avoid overly intense development of environmentally sensitive
land;
(2)
To avoid overextending groundwater supplies, to encourage groundwater
recharge, and to protect the quality of groundwater and surface waters;
(3)
To promote traditional styles of development;
(4)
To promote compatibility between land uses;
(5)
To seek coordinated development and roads across municipal borders;
(6)
To provide for a variety of residential densities and meet legal
obligations to provide opportunities for all housing types;
(7)
To direct higher-density development to areas that are physically
suitable, accessible by major roads and that have the potential of
public water and sewage services;
(8)
To coordinate development with future public water and sewage service
areas;
(9)
To direct industrial development to locations that will minimize
conflicts with residential uses;
(10)
To direct commercial businesses to existing commercial areas,
while avoiding new strip commercial areas that would cause traffic
congestion, safety issues and conflicts with residential uses;
(11)
To promote new business development in appropriate areas that
will provide additional tax revenue and job opportunities; and
(12)
To promote public health, safety and general welfare.
A.
Applicability.
(1)
Any of the following activities or any other activity regulated by
this chapter shall be carried out only in conformity with this chapter:
(2)
Zoning permit. A zoning permit indicates that a zoning application,
as presented, complies with this chapter to the best knowledge of
the Zoning Officer.
(a)
A zoning permit is required to be issued prior to the start
of any of the following activities:
[1]
Erection, construction, movement, placement, relocation or expansion
of a structure, building or sign;
[2]
Change of the type of use or expansion of the use of a structure
or area of land;
[3]
Creation of a new use;
[4]
Demolition of a building or partial demolition of the exterior
of a building;
[6]
Construction or installation of any animal waste impoundment,
lake, pond, dam or other water retention basin.
(b)
The Borough may, at its option, issue combined or separate building
permits and zoning permits and/or may utilize a single or separate
application for the building and zoning permits.
(3)
Certificate of use.
(a)
It shall be unlawful to establish any new or replacement commercial, institutional/semi-public, or public use, as identified in § 250-28, as a principal or accessory use until a certificate of use for such building, establishment or use has been issued by the Zoning Officer. A certificate of occupancy may also be required pursuant to the Borough Construction Code.[1]
[Amended 8-4-2010 by Ord. No. 2010-1; 12-2-2020 by Ord. No. 2020-1]
(b)
The Borough staff may permit the zoning permit application to
serve as the application for the certificate of use.
(c)
The certificate of use shall be issued by the Zoning Officer
only if the Zoning Officer determines that the activity complies with
this chapter, to the best knowledge of the Zoning Officer. The Borough
may also withhold issuance of the certificate of use until there is
compliance with other Borough ordinances.
(d)
The applicant shall keep a copy of the certificate of use available
for inspection.
(e)
Upon the request of an applicant, the Zoning Officer may issue
a temporary certificate of use. Such temporary certificate may permit
an activity to occur in all or part of a structure before the entire
work covered by the permit has been completed.
[1]
However, such temporary certificate shall only be issued if
the applicant proves to the Zoning Officer that the activity or occupancy
can occur safely without endangering public health or safety.
[2]
The temporary certificate shall establish, in writing, a maximum
time period under which it is valid. A six-month maximum time period
shall apply if not otherwise specified. Upon expiration of a temporary
certificate, the applicant shall obtain a permanent certificate or
abandon the use.
[3]
Failure to receive a permanent certificate of use within such
time period shall be a violation of this chapter.
[4]
The temporary certificate may be conditioned upon compliance
with certain specified requirements within certain time periods.
B.
Repairs and maintenance. Ordinary repairs and maintenance to existing
structures that do not involve an expansion or change of a use or
structure shall not by themselves be regulated by this chapter. Examples
of such work include replacement of a roof or porch that does not
involve enclosure of space.
C.
Types of uses.
(1)
Permitted by right uses. The Zoning Officer shall issue a permit
under this chapter in response to an application for a use that is
permitted by right if such use meets all of the requirements of this
chapter.
(2)
Special exception use or application requiring a variance. A permit
under this chapter for a use requiring a special exception or variance
shall be issued by the Zoning Officer only in response to a written
approval by the Zoning Hearing Board following a hearing.
D.
Applications.
(1)
Submittal. All applications for a zoning permit or a decision by
the Zoning Hearing Board shall be made, in writing, on a form provided
by the Borough. Such completed application, with required fees, shall
be submitted to the Borough. Applications shall not be considered
complete until all required fees have been paid to the Borough.
(2)
Site plan. The applicant shall submit a minimum of five copies of
a site plan with the application if the application involves a new
building, expansion of a building or addition of three or more parking
spaces. The site plan shall be drawn to scale and show the following:
(a)
Locations, dimensions and uses of existing and proposed structures,
parking and loading areas, and locations of existing and proposed
uses of areas of land, with existing features clearly distinguished
from proposed features;
(b)
Notes showing the dimensions of all buildings from lot lines
and street rights-of-way;
(c)
Locations of any watercourses and any one-hundred-year floodplain;
(d)
Proposed lot areas, lot widths and other applicable dimensional
requirements;
(e)
Locations and widths of existing and proposed sidewalks; and
(f)
A North arrow and scale.
(3)
Additional information. Any application under this chapter shall
include the following information, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
chapter:
(a)
The address of the lot;
(b)
The name and address of the applicant, and of the owner of the
property if different from the applicant;
(c)
If the applicant is not the landowner of record, documentation
shall be presented with the application, such as an agreement of sale
or lease, to demonstrate that the applicant has the legal right to
make the application;
(d)
A current deed or evidence of equitable ownership, if the Zoning
Officer believes there is a question about ownership by the applicant
for the property;
(e)
A description of the existing and proposed use(s) of the property,
with the proposed use described in sufficient detail for the Zoning
Officer to determine compliance with this chapter;
(f)
All other applicable information listed on the official Borough
application form;
(g)
If the applicant is incorporated, the legal names and day telephone
numbers of officers of the organization/corporation;
(h)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this chapter;
and
(i)
A listing of all conditional uses, special exception approvals
and/or variances which the applicant is requesting and/or a description
with a date of any such approvals that were previously granted for
this property that relate to this application.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential operations and
storage in sufficient detail to indicate potential nuisances and hazards
regarding noise, large truck traffic, glare, odors, dust, fire or
toxic or explosive hazards or other significant public health and
safety hazards;
[2]
A list of the maximum hours of operation;
(c)
The existing directions of stormwater flow (and any proposed
revisions), and any proposed methods of stormwater management;
(d)
A listing of any sections of this chapter for which a variance
is requested, with the reasons for any variance;
(e)
Approximate locations of principal buildings and locations of
streets and alleys and zoning district boundaries within 100 feet
of the boundaries of the tract, and a description of uses of adjoining
properties (such as a drugstore or single-family detached dwelling);
(f)
Heights, locations, methods of illumination and intensity of
exterior lighting and sign lighting;
(g)
The name and address of the person who prepared the site plan;
(h)
A signed acknowledgment of the application by the applicant;
(i)
The names and addresses of the last known primary owners of
real property adjacent to or across the street from the property which
is the subject of the application; and
(j)
Such additional information required under applicable sections
of this chapter.
(5)
Ownership. No person, other than a landowner or their specifically
authorized agent or a tenant or lessee with written permission of
the landowner, shall submit a zoning application.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any other zoning
approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a Pennsylvania road,
a Borough zoning or building permit shall be automatically conditioned
upon issuance of a PennDOT highway occupancy permit.
(3)
York County Conservation District erosion and sedimentation plan
review and approval may also be required.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold or suspend
a permit or approval issued under the provisions of this chapter in
the event of one or more of the following:
(a)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based. The Pennsylvania
Crimes Code[2] provides for penalties for providing false information
to a municipal employee in the carrying out of his/her duties;
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
(b)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or structures in
such a way that does not comply with this chapter or an approved site
plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise provided
by Pennsylvania law, may appeal decisions under this chapter within
the provisions of the Pennsylvania Municipalities Planning Code. Any
such appeal shall occur within the time period established in Sections
914.1 and 1002-A of the Pennsylvania Municipalities Planning Code,[3] as amended, or such other successor provisions.
[3]
Editor's Note: See 53 P.S. §§ 10914.1 and 11002-A,
respectively.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may be issued by
the Zoning Officer for any of the following:
(a)
A temporary permit may be issued for customary, routine and
accessory short-term special events, provided that:
[1]
Only a bona fide nonprofit organization, fire company or a permitted
place of worship proposing a temporary use to primarily serve a charitable,
public service or religious purpose or a Borough-authorized or -sponsored
festival/special event shall be eligible to receive approval for commercial-type
activities in a district where a commercial use would not otherwise
be permitted;
[2]
Such total events shall each be limited to a maximum of five
total days per calendar year; and
[3]
The applicant shall prove to the Borough that sufficient parking
and traffic control will be available for the special event, without
obstructing parking that is required to serve other uses on the site.
(b)
A temporary permit may be issued for temporary storage and office
trailers that are necessary to serve on-site construction while such
construction is actively being pursued under a valid Borough permit.
(c)
In addition, Christmas tree sales shall be permitted by right
in the C-N, C-G and I-C Districts during the months of November and
December.
(d)
The Borough Council may also authorize the use of sidewalks,
public property or streets for sidewalk sales or outdoor cafes in
a commercial district or for festivals, provided that all necessary
business permits have been obtained.
(e)
The Borough may also approve the construction of a model home,
which is used as a sales office in a development, provided the building
is converted to a dwelling when the development is complete. A modular
sales office may be allowed by the Borough until the first dwelling
is complete.
(2)
Time period. The Zoning Officer shall state a specific maximum time
period for the use to operate on the temporary permit. If no time
limit is stated, then a ten-day maximum period shall apply. A temporary
permit may be renewed for just cause.
(3)
Temporary retail sales. Except as provided for in Subsection G(1)(a) above, and except for a garage sale, a lot shall only be used for temporary retail sales if all of the following conditions are met:
(a)
The property shall be located within a zoning district that
permits retail sales.
(b)
The operator shall have received any business permits required
by the Borough.
(c)
No off-street parking spaces required to serve permanent uses
on the lot shall necessarily be constructed.
(d)
Any signs visible from a public street shall comply with this
chapter.
(e)
If food or beverages that are not prepackaged are offered for
sale, the applicant shall demonstrate compliance with all applicable
health regulations, including on-site facilities for workers to wash
their hands.
(f)
Any structure shall meet applicable minimum setbacks.
(g)
A temporary zoning permit shall be required from the Borough,
which permit shall be displayed while the activity is open for business.
(h)
The application may be rejected if the Zoning Officer has reason
to believe that the activity would obstruct safe sight distances,
create a traffic hazard or would otherwise create an unsafe circumstance.
(i)
Applicable Pennsylvania highway occupancy permit requirements
shall be met.
(j)
All items offered for sale shall be secured in a building or
vehicle when the temporary retail sale stand is not in operation.
H.
Compliance with Chapter 215, Subdivision and Land Development.
(1)
If an application under this chapter would also be regulated by Chapter 215, Subdivision and Land Development, then any permit or approval under this chapter shall automatically be conditioned upon compliance with Chapter 215, Subdivision and Land Development. See the definitions of "land development" and "subdivision" in Chapter 215, Subdivision and Land Development.
(2)
For example, if an applicant applies for a single-family detached
dwelling on a proposed new lot, the zoning permit for such dwelling
shall not be issued until the lot is created through final subdivision
approval and the final subdivision plan is officially recorded in
the York County Recorder of Deeds.
A.
After receiving a proper and completed application, the Zoning Officer
shall either issue the applicable permit(s) or deny the application(s)
as submitted, indicating the reasons for such denial.
B.
Upon issuance of a permit hereunder, the applicant may undertake
the action or use specified by the permit, in compliance with other
Borough ordinances. A zoning permit is subject to appeal for a period
of 30 days from issuance. Any commencement of construction or a use
within this thirty-day appeal period shall be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision of this chapter
affects a particular matter, the provision that is more restrictive
upon uses and structures shall apply. The provisions of this chapter
are in addition to, and not in lieu of, any other applicable Borough
ordinance.
B.
Uses not specifically regulated. If a use clearly is not permitted
by right, as a conditional use, or as a special exception use by this
chapter within any zoning district, the use may be permitted, provided
that the Zoning Hearing Board approves such use as a special exception
use, if the applicant specifically proves, to the clear satisfaction
of the Zoning Hearing Board, that all of the following conditions
would be met:
(1)
The proposed use would be no more intensive with respect to external
impacts and nuisances than uses that are permitted in the district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 250-64F;
(3)
The use would meet the standards that would apply under § 250-18 for a special exception use; and
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of ordinance text and boundaries.
(1)
The Zoning Officer shall literally apply the language of this chapter
and the location of all district boundaries to particular applications.
In any case, the Zoning Officer may also request an advisory opinion
from the Borough Solicitor to aid in the Zoning Officer's determination.
All of the enforcement, violations and penalty provisions of
Sections 616.1, 617 and 617.2 of the Pennsylvania Municipalities Planning
Code,[1] as amended, or such other successor provisions are hereby
incorporated into this chapter by reference.
A.
Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to comply with any provision of this chapter, or failure
to secure a zoning permit prior to any of the following:
(a)
A change in use of land or a structure;
(b)
The erection, construction or alteration of any structure or portion
thereof;
(c)
The placement of a sign;
(d)
A change in the area of a use or the land coverage or setback of
a use; or
(e)
The excavation or grading of land to prepare for the erection, construction
or alteration of any structure or portion thereof.
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with a zoning
permit.
(4)
Violation of any condition imposed by a decision of the Zoning Hearing
Board in granting a variance or special exception or other approval.
(5)
Violation of any condition imposed by a decision of the Borough Council
in granting a conditional use or other approval.
(6)
Violation of any condition imposed by a decision of a court of competent
jurisdiction, where such court has granted zoning approval with conditions.
B.
Enforcement notice. If the Borough has reason to believe that a violation
of a provision of this chapter has occurred, the Borough shall initiate
enforcement proceedings by sending an enforcement notice as provided
in Section 616.1 of the Pennsylvania Municipalities Planning Code,[2] as amended, or such other successor provisions. Prior
to sending an official enforcement notice, the Zoning Officer may,
at his/her option, informally request compliance.
[2]
Editor's Note: See 53 P.S. § 10616.1.
C.
Time limits. An official enforcement notice shall state the deadline
to begin and complete actions to bring the property into compliance
with this chapter and shall state that the applicant has 30 days from
the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies. The causes of action and
enforcement remedies provisions of Section 617 of the Pennsylvania
Municipalities Planning Code,[3] as amended, or such other successor provision are hereby
incorporated by reference.
(1)
Violations and penalties. Any person who has violated, caused to
be violated or permitted the violation of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500, plus
all court costs, including the reasonable attorneys' fees incurred
by the Borough as a result thereof. No judgment shall commence or
be imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless a Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person 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
the determination of a violation by the Magisterial District Judge,
and thereafter, each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Borough for the general use of the Borough. Imprisonment is
not authorized under this chapter.
(2)
Remedies. In the event any building, structure, sign or landscaping
is erected, constructed, reconstructed, altered, repaired, converted
or maintained or any building, structure, sign or land is used or
any hedge, shrub, tree or other growth is maintained in violation
of this chapter or of any of the regulations made pursuant thereto
or any of the permits or certificates of use and occupancy issued
under this chapter or any conditions imposed upon the grant of a special
exception or variance by the Zoning Hearing Board or upon the grant
of a conditional use, then, in addition to any other remedies provided
by law, any appropriate action or proceeding may be instituted or
taken to prevent or restrain such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to prevent any illegal act, conduct, business or use in and about
such premises.
[3]
Editor's Note: See 53 P.S. § 10617.
E.
Enforcement evidence. In any appeal of an enforcement notice to the
Zoning Hearing Board, the Borough shall have the responsibility of
presenting its evidence first.
[1]
Editor's Note: See 53 P.S. §§ 10616.1, 10617
and 10617.2, respectively.
A Borough fee schedule for permits and applications may be established
and amended by written resolution adopted from time to time by the
Borough Council. No application or appeal shall be considered filed
until all fees are paid.
A.
Amendments
to this chapter. Within the requirements of the Pennsylvania Municipalities
Planning Code,[1] the Borough Council may amend or repeal any or all portions
of this chapter on its own motion or after agreeing to hear a written
request of any person, entity, landowner or the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Appointment. The Zoning Officer(s) shall be appointed by the Borough
Council. The Borough Council may designate an Assistant Zoning Officer(s).
Assistant Zoning Officers may serve with the same authority and duties
as the Zoning Officer. The Zoning Officer shall not hold any elective
office within the Borough, but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and powers shall include
the following:
(1)
Administer this chapter in accordance with its literal terms, including
to receive and examine all applications required under the terms of
this chapter, and issue or refuse permits within the provisions of
this chapter;
(2)
Conduct inspections to determine compliance and receive complaints
of violations of this chapter;
(3)
Keep records of applications, permits, certificates, written decisions,
and variances granted by the Zoning Hearing Board and of enforcement
orders, with all such records being the property of the Borough and
being available for public inspection;
(4)
Review proposed subdivisions and land developments for compliance
with this chapter;
(6)
Maintain available records concerning nonconformities, provided that
the Borough is not required to document every nonconformity; and
(7)
Serve such other functions as are provided in this chapter.
A.
Membership of Board. The Zoning Hearing Board shall consist of three
residents of the Borough appointed by resolution of the Borough Council.
The existing terms of office shall continue, with terms of office
being three years, and with the terms being so fixed that the term
of office of one member shall expire each year. Members of the Board
shall hold no other office in the Borough and shall not be employed
by the Borough in another capacity.
(2)
Expenditures. Within the maximum amount of funds appropriated by
the Borough Council, the Zoning Hearing Board may employ or contract
for secretaries and other technical and clerical services and shall
employ legal counsel to act as solicitor. Members and alternate members
may receive compensation, within limits established by the Borough
Council, for the performance of their duties.
B.
Vacancies. Appointments to fill vacancies shall be for the unexpired
portion of a term only.
C.
Organization. The applicable provisions of the Pennsylvania Municipalities
Planning Code, as amended, shall apply.
D.
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing
Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(a)
The Board shall hear and decide appeals where it is alleged
by an affected person, entity or the Borough Council that the Zoning
Officer has improperly acted under the requirements and procedures
of this chapter.
(b)
Appeals from the decision of the Zoning Officer shall be brought
within 30 days of the date of such decision.
(2)
Challenge to the validity of this chapter or map. The applicable
provisions of the Pennsylvania Municipalities Planning Code, as amended,
shall apply.
(3)
Variance.
(a)
The Board shall hear requests for variances filed with the Borough
in writing.
(b)
Standards. The Board shall grant a variance only in the event
where an applicant has met its burden of proof to establish compliance
with the following standards:
[1]
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 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]
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;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
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; and
[5]
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.
(c)
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)
Special exception.
(a)
The Board shall hear and decide requests for all special exceptions properly filed with the Borough in writing. The Board shall only permit a special exception that is authorized by this chapter. Requests for special exceptions shall be processed and heard by the Board as provided in § 250-18.
(b)
Conditions. 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.
(5)
Persons with disabilities. After the Zoning Officer receives a complete
written application, the Zoning Hearing Board shall grant a special
exception allowing modifications to specific requirements of this
chapter where the applicant demonstrates, to the satisfaction of the
Zoning Hearing Board, that such modifications are required under applicable
federal law to provide a reasonable accommodation to serve persons
who the applicant proves have disabilities as defined in and protected
by such laws.
(b)
If the applicant is requesting a reasonable accommodation under
the United States Fair Housing Amendments Act of 1988 or the Americans
with Disabilities Act, the applicant shall identify the disability
which is protected by such statutes, the extent of the modification
of the provisions of this chapter necessary for a reasonable accommodation,
and the manner by which the reasonable accommodation requested may
be removed when such person(s) with a protected disability no longer
will be present on the property.
(c)
Any modification approved under this section may be limited
to the time period during which the persons with disabilities occupy
or utilize the premises.
E.
Time limits for appeals. The applicable provisions of the Pennsylvania
Municipalities Planning Code, as amended, shall apply.
F.
Stay of proceedings. The stay of proceedings provisions of the Pennsylvania
Municipalities Planning Code, as amended, shall apply.
G.
Time limits on permits and approvals.
(1)
After a variance is approved or other zoning approval (such as special
exception or conditional use approval) is officially authorized, then
any applicable zoning and building permits shall be secured by the
applicant within 12 months after the date of such approval or authorization.
The work authorized by zoning permits shall then be substantially
completed within 12 months after the date of issuance of the permits.
However, if a variance is approved to address a violation of this
chapter, then the permit shall be acquired and the work completed
within six months after the variance is approved, with no further
time extension.
(2)
Extension. In response to an applicant stating good cause, in writing,
the Zoning Hearing Board may extend, in writing, the time limit for
completion of work to a maximum total of 18 months after the date
permits are issued.
(3)
If an applicant fails to obtain the necessary permits or begin construction
within the above time periods, or allows interruptions in substantial
construction of longer than 12 months, the Zoning Officer shall conclusively
presume that the applicant has waived, withdrawn or abandoned approvals,
variances and permits under this chapter, and all such approvals,
variances and permits shall be deemed to have automatically expired
by the Borough, without any need for any further action of the Zoning
Officer or Zoning Hearing Board.
H.
Multiple applications. No more than one application for the same
property shall be pending before the Zoning Hearing Board for special
exception approval at any time.
The following requirements shall apply to procedures, hearings
and decisions of the Zoning Hearing Board:
A.
Notice of hearings. Notice of all hearings of the Board shall be
given as follows:
(2)
Posting. Notice of such hearing shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing.
The Borough shall post the property. It is the responsibility of the
applicant to make sure that such notice remains posted until the hearing.
(3)
Persons given notice. The Borough shall provide written notice to
the applicant of the time and place of the hearing. The Borough should
also provide notice to the President of the Borough Council and to
the primary last known owner of each lot within 25 feet of the subject
lot. Failure to provide notice that is not required under Pennsylvania
law shall not be grounds for an appeal or delay. Also, such notice
shall be given to any other person or group (including civic or community
organizations) who has made a written timely request for such notice.
Any such notices should be mailed or delivered to the last known address
of anyone entitled to notice hereunder.
B.
Initiation of hearings. A hearing required under this chapter shall
be initiated within 60 days of the date of an applicant's request
for a hearing, unless the applicant has agreed, in writing, to an
extension of time.
C.
Decision/findings.
(1)
The Board shall render a written decision on each application within
45 days after the last hearing on that application before the Board,
unless the applicant has agreed, in writing, to an extension of time.
(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 for such conclusions.
D.
Notice of decision. 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 not later than the day following the date
of the final decision.
The provisions for appeals to court that are stated in Article
X-A of the Pennsylvania Municipalities Planning Code, as amended,
or such other successor provisions shall apply.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
This chapter shall not apply to any existing or proposed building,
or extension thereof, used or to be used by a public utility corporation
if, upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public. It shall be the responsibility
of the Pennsylvania Public Utility Commission to ensure that both
the corporation and the municipality in which the building or proposed
building is located have notice of the hearing and are granted an
opportunity to appear, present witnesses, cross-examine witnesses
presented by other parties and otherwise exercise the rights of a
party to the proceedings.
This chapter shall not apply to uses or structures owned by
Jacobus Borough or by a municipal authority created solely by Jacobus
Borough for uses and structures that are intended for a public utility,
stormwater, public recreation or public health and safety purpose.
A.
Purpose. The special exception process is designed to allow careful
review of uses that have some potential of conflicts with adjacent
uses or areas.
B.
Special exception procedure.
(1)
A site plan shall be submitted, which shall contain the information required in § 250-6D. If a fully engineered subdivision or land development plan will be required pursuant to Chapter 215, Subdivision and Land Development, it may be submitted separately, such as after a special exception is approved.
(2)
The Zoning Officer shall provide a review to the Zoning Hearing Board
regarding the compliance of the application with this chapter.
(4)
The Borough shall provide an application for a special exception
to the County and Borough Planning Commissions for an advisory review.
However, the Zoning Hearing Board shall meet the time limits of Pennsylvania
law for a decision, regardless of whether the County and Borough Planning
Commissions have provided comments.
C.
Consideration of special exception applications. When special exceptions
are allowed by this chapter, the Zoning Hearing Board shall hear and
decide requests for such special exceptions in accordance with standards
established by this chapter, including the following:
(1)
Compliance with this chapter. The applicant shall establish by credible
evidence that the application complies with all applicable requirements
of this chapter. The applicant shall provide the Board with sufficient
plans, studies or other data to demonstrate this compliance.
(2)
Compliance with other laws. The approval may be conditioned upon
the applicant demonstrating the ability to comply with other specific
applicable Borough, state and federal laws, regulations and permits.
Required permits or other proof of compliance may be required to be
presented to the Borough prior to the issuance of any zoning permit,
building permit, certification of occupancy and/or recording of an
approved plan.
(3)
Traffic. The applicant shall establish that the traffic from the
proposed use will be accommodated in a safe manner that will minimize
hazards and congestion, after considering any improvements proposed
to be made by the applicant as a condition on approval.
(4)
Site planning. The application shall include proper site layout,
internal circulation, parking, buffering, and all other elements of
proper design as specified in this chapter.
(5)
Neighborhood. The proposed use shall not substantially change the
character of any surrounding residential neighborhood, after considering
any proposed conditions upon approval, such as limits upon hours of
operation.
(6)
Safety. The proposed use shall not create a significant hazard to
the public health and safety, such as fire, toxic or explosive hazards.
(7)
Natural features. The proposed use shall be suitable for the site
and shall strive to preserve natural features, minimizing disturbance
of steep slopes, mature woodland, wetlands, floodplains, springs and
other important natural features.
D.
Conditions. In granting a special exception, the Board may require
such reasonable conditions and safeguards (in addition to those expressed
in this chapter) as it determines are necessary to implement the purposes
of this chapter. Conditions imposed by the Zoning Hearing Board shall
automatically become conditions of the building permit issued pursuant
thereto, and any failure to comply with said conditions shall be a
violation of this chapter.
A.
Purpose. The conditional use approval process is designed to allow
the Borough Council to review and approve certain uses that could
have significant impacts upon the community and the environment.
B.
Procedure. The Borough Council shall consider the conditional use
application and render its decision in accordance with the requirements
of the Pennsylvania Municipalities Planning Code.[1]
(1)
Submittal. A site plan shall be submitted, which shall contain the information listed in § 250-6D. Detailed site engineering (such as stormwater calculations and profiles) is not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, once a conditional use is approved. An applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
(2)
Reviews.
(a)
The Zoning Officer shall provide a review to the Borough Council
regarding the compliance of the application with this chapter.
(b)
The Borough shall submit a conditional use application to the
County and Borough Planning Commissions for review by the Planning
Commissions. However, the Borough Council shall meet the time limits
for a decision, regardless of whether the Planning Commissions have
provided comments.
(3)
The only uses that shall be approved as conditional uses shall be those listed as conditional uses in Article III.
(4)
Time limit. The Borough Council shall render a written decision on
each conditional use application within 45 days after the last hearing
on the application or as may be provided otherwise in Section 913.2
of the Pennsylvania Municipalities Planning Code,[2] as amended, or such successor provisions. For a conditional use application, the same provisions shall apply for notice of persons that apply in § 250-14A(3).
[2]
Editor's Note: See 53 P.S. § 10913.2.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Consideration of conditional use application. The Borough Council shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 250-18C for a special exception use.
D.
Conditions. In approving conditional use applications, the Borough
Council may attach conditions it considers necessary to protect the
public welfare and meet the standards 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 be subject to the penalties described in this chapter.
A.
Any review of activity within the floodplain, site plan review, subdivision
or land development approval, erosion control review, wetland delineation
review, stormwater runoff review, review of activity on steep slopes,
or any other review, approval or permit under this chapter by an elected
official, employee, board, commission, solicitor, engineer, consultant
or agency of the Borough shall not constitute a representation, guarantee
or warranty of any kind by the Borough or its employees, officials,
boards, solicitor(s), consultants or agencies of the practicality
or safety of any structure, use or subdivision and shall create no
liability upon nor a cause of action against such entity or person
for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under this chapter,
such permit shall be invalid, without need for further action by the
Zoning Officer, and the Borough shall not be liable for any later
lawful withdrawal of such permit.
