A.
In accordance with Article IX of the Planning Code,[1] a Zoning Hearing Board shall be appointed by Borough Council, which shall adopt rules to govern its procedures. The Board shall hold meetings, keep minutes and, pursuant to public notice, conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions or reports of findings. For the filing of any appeal or proceeding with the Board, a hearing fee shall be charged in accordance with a schedule established by Borough Council. All Borough costs associated with §§ 280-52, 280-53 and 280-54 over and above the hearing fee shall be borne by the applicant. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs. The stenographer's appearance fee is split between the applicant and the Board, while the transcription costs are paid by the party requesting the transcript.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B.
The membership of the Board shall be arranged in accordance with
the provisions of Section 903 of the Planning Code. The organization
of the Board shall be based upon Section 906 of the Planning Code
and the removal of any members of the Board shall be undertaken pursuant
to Section 905 of the Planning Code. There may be compensation to
any member or alternate member of the Board for the performance of
his or her duties, and the Borough Council may, from time to time,
appropriate monies for clerical, technical or legal consultants for
necessary services as well, based upon Section 907 of the Planning
Code.[2]
[2]
Editor's Note: For the various references to the Municipal
Planning Code in this subsection, see 53 P.S. §§ 10903,
10906 and 10905, and 10907, respectively.
The Zoning Hearing Board shall conduct meetings, hearings and
make decisions on matters as provided by this chapter in accordance
with the provisions of 53 P.S. §§ 10909.1, 10910.2,
and 10912.1 of the Municipalities Planning Code, which includes the
following functions:
A.
Appeals from the Zoning Officer. The Board shall hold a hearing and
decide all appeals where it is alleged by the appellant that the Zoning
Officer or the municipal engineer has failed to follow prescribed
procedures or has misinterpreted or misapplied any provision of this
chapter or Map or any valid rule or regulation governing the action
of the Zoning Officer. Such appeals of determination shall be filed
in accordance with 53 P.S. § 10910.2 of the Planning Code.
B.
Variances. The Board shall hear requests for variances, in accordance
with 53 P.S. § 10912.1. of the Planning Code, where it is alleged
that the provisions of this chapter inflict unnecessary hardship upon
the applicant. The Board may grant a variance provided the following
findings are relevant:
(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 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.
(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 that the authorization of
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.
(5)
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation.
(6)
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
and objectives of this chapter.
C.
Special
exceptions. The Board shall issue, upon application, only such special
exceptions which the Board by the provisions of this chapter is specifically
authorized to issue. The granting of a special exception when specifically
authorized by the terms of this chapter shall be subject to the following
standards and criteria. The applicant for a special exception shall
demonstrate, as a condition to approval of his application, compliance
with these criteria and those criteria specified elsewhere in this
chapter for the use in question.
(1)
Such
use shall be one which is specifically authorized as a special exception
use in the zoning district wherein the applicant seeks a special exception.
(2)
Such
special exception shall only be granted subject to any applicable
condition and safeguards as required by this chapter.
(3)
Such
use shall not adversely affect the character of the general neighborhood,
nor the conservation of property values, nor the health and safety
of residents or workers on adjacent properties and in the general
neighborhood.
(4)
Such
use shall be of such size and so located and laid out in relation
to its access streets that vehicular and pedestrian traffic to and
from such use will not create undue congestion or hazards prejudicial
to the general neighborhood.
(5)
Services
and utilities shall be made available to adequately service the proposed
use.
(6)
The
granting of the special exception shall be consistent with the Comprehensive
Plan.
(7)
In
granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purpose of this
chapter and the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Challenge to the validity of the Zoning Map or chapter. The Board
shall hear challenges to the validity of this chapter or Zoning Map
in accordance with 53 P.S. § 10909.1. of the Planning Code. 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 a report and part of the record on appeal to the courts.
E.
Appeals. Where the Board has jurisdiction over a zoning matter, it
shall also hear all appeals which an applicant may elect to bring
before it with respect to any municipal ordinance or requirement pertaining
to the same development plan or development. In any such case, the
Board shall have no power to pass upon the nonzoning issues, but shall
take evidence and make record thereon as provided in 53 P.S. § 10913.3
of the Planning Code. At the conclusion of the hearing, the Board
shall make findings on all relevant issues of fact which shall become
a report and part of the record on appeal to the courts.
F.
Request and application procedure. All requests, applications or
appeals made to the Board shall be in writing on forms prescribed
by the rules of procedure by the Board. Every appeal or application
shall refer to the specific provision of the chapter involved, and
shall set forth the interpretation that is claimed, the use which
is sought, or the details of the variance that is applied for, and
the grounds on which it is claimed a request should be granted. At
least 30 days before the date of the hearing on a request, application
or appeal, the Board shall transmit to the Planning Commission a copy
of said request, application or appeal in order that the Planning
Commission may have an opportunity to submit a report to the Board,
if it so desires.
