[Ord. 227, 12/18/2006]
When used hereafter in this Part, the word "Board" shall mean
the Zoning Hearing Board.
A. There shall be a Zoning Hearing Board which shall consist of five
members, who shall be appointed by resolution by the City Council.
The membership of the Board shall consist of residents of the City.
Their terms of office shall be five years and shall be so fixed that
the term of office of one member shall expire each year. The Board
shall promptly notify the City Council of any vacancies which occur.
Appointments to fill vacancies shall be only for the unexpired portion
of the term. Members of the Board shall hold no other office in the
City.
B. Any member of the Board may be removed for malfeasance, misfeasance
or nonfeasance in office, or for other just cause, by a majority vote
of the City Council taken after the member has received 15 days' advance
notice of the intent to take such a vote. A hearing shall be held
in connection with the vote if the member shall request it in writing.
C. The City Council may appoint, by resolution, at least one, but no
more than three, residents of the City to serve as alternate members
of the Board. The term of office of an alternate member shall be three
years. When seated pursuant to the provisions of § 601,
an alternate shall be entitled to participate in all proceedings and
discussions of the Board to the same and full extent as provided by
law for Board members, including specifically the right to cast a
vote as a voting member during the proceedings, and shall have all
the powers and duties set forth in this chapter and as otherwise provided
by law. Alternates shall hold no other office in the City, including
Zoning Officer and membership on the Planning Commission. Any alternate
may participate in any proceeding or discussion of the Board but shall
not be entitled to vote as a member of the Board nor be compensated
pursuant to § 602 unless designated as a voting alternate
member pursuant to § 601 of this chapter.
[Ord. 227, 12/18/2006; amended by Ord. 279, 1/21/2013]
The Board shall elect from its own membership its officers,
who shall serve annual terms as such and may succeed themselves. For
the conduct of any hearing and the taking of any action, a quorum
shall be not less than a majority of all of the members of the Board,
but the Board may appoint a hearing officer from its own membership
to conduct any hearing on its behalf, and the parties may waive further
action by the Board, as provided in § 603. If, by reason
of absence or disqualification of a member, a quorum is not reached,
the Chairman of the Board shall designate as many alternate members
of the Board to sit on the Board as may be needed to provide a quorum.
Any alternate member of the Board shall continue to serve on the Board
in all proceedings involving the matter or case for which the alternate
was initially appointed until the Board has made a final determination
of the matter or case. Designation of an alternate pursuant to this
section shall be made on a case-by-case basis in rotation, according
to declining seniority among all alternates. The Board may make, alter
and rescind rules and forms for its procedure, consistent with ordinances
of the City and laws of the Commonwealth. The Board shall keep full
public records of its business, which records shall be the property
of the City, and shall submit a report of its activities to the City
Council upon request.
[Ord. 227, 12/18/2006]
Within the limits of funds appropriated by the City Council,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants, and other technical and clerical services. Members of
the Board may receive compensation for the performance of their duties,
as may be fixed by the City Council. Alternate members of the Board
may receive compensation, as may be fixed by the City Council, for
the performance of their duties when designated as alternate members
pursuant to § 601, but in no case shall such compensation
exceed the rate of compensation authorized to be paid to the members
by the City Council.
[Ord. 227, 12/18/2006]
The Zoning Hearing Board shall have the exclusive jurisdiction
to hear and render decisions in the following matters:
A. Substantive challenges to the validity of the Zoning Ordinance, except
those brought before the City Council pursuant to § 703,
Subsection 5, of this chapter.
(1)
If a challenge heard by the Zoning Hearing Board is found to
have merit, the decision of the Zoning Hearing Board shall include
recommended amendments to the challenged ordinance which will cure
the defects found. In reaching its decision, the Zoning Hearing Board
shall consider the amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools, and other public service facilities.
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or Official Zoning Map.
(c)
The suitability of the site for the intensity of use proposed,
considering the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources, and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources, and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(2)
Public notice of the hearing shall be provided as specified
in § 703, Subsection 2A, of this chapter.
(3)
The Zoning Hearing Board shall commence its hearings within
60 days after the request is filed, unless the landowner requests
or consents to an extension of time.
(4)
The Zoning Hearing Board shall render its decision within 45
days after the conclusion of the last hearing. If the Board fails
to act on the landowner's request within this time limit, a denial
of the request is deemed to have occurred on the 46th day after the
close of the last hearing.
B. Challenges to the validity of the Zoning Ordinance, raising procedural
questions or alleged defects in the process of enactment or adoption,
which challenges shall be raised by an appeal taken within 30 days
after the effective date of the ordinance.
C. Special exceptions, as provided for in this chapter and subject to
all applicable requirements, including but not limited to:
(1)
Filing requirements. In addition to the required building permit
information (see § 701), each special exception application
shall include the following:
(a)
Ground-floor plans and elevations of proposed structures.
(b)
Names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
(c)
A scaled drawing (site plan) of the site with sufficient detail
and accuracy to demonstrate compliance with all applicable provisions
of this chapter.
(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 this chapter.
(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.
(d)
Adequate public facilities are available to serve the proposed
use (e.g., schools, fire, police and ambulance protection, sewer,
water and other utilities, parks, solid waste disposal, vehicular
access, etc.).
(e)
The proposed use shall comply with those criteria specifically
attached to it. In addition, the proposed use must comply with all
other applicable regulations contained in this chapter.
(f)
The traffic generated by the proposed use shall be safely and
adequately accommodated during peak and non-peak periods, or improvements
made by the applicant shall be made in order to effect the same.
(g)
The proposed use shall be in and of itself properly designed
with regard to internal circulation, parking, buffering, screening,
and all other elements of proper design, as required by this chapter
and any other federal, state or local ordinance, law or regulation.
(h)
The proposed use will not have a deleterious impact on adjoining
properties or the neighborhood due to impacts and/or by-products of
the proposed use, such as noise, dust, odor, smoke, litter, glare,
heat, radiation, electromagnetic interference, etc.
(i)
The proposed use will not substantially impair the integrity
of the Comprehensive Plan.
(j)
For development within the Floodplain Zone, the application
shall comply with those requirements listed in § 230 of
this chapter.
[Amended by Ord. 279, 1/21/2013]
(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 Part
7.
(4)
Site plan approval. Any site plan presented in support of the
special exception pursuant to § 604C(1) 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 building permit. Any subsequent
change made, after the issuance of a building permit, to the proposed
use of the subject property which is not reflected on the approved
site plan may, at the discretion of the Zoning Officer, require the
obtainment of another special exception approval.
D. Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter inflict unnecessary hardship
upon the applicant. The Board may, by rule, prescribe the form of
application to the Zoning Officer, which shall at least include the
following:
(1)
Filing requirements. In addition to the required building permit
information (see § 701), each variance shall include the
following:
(a)
The names and addresses of adjoining property owners, including
properties directly across a public right-of-way.
(b)
A scaled drawing (site plan) with sufficient detail and accuracy
so as to present the nature of the request and the unique site conditions
that create hardship to strict compliance with this chapter.
(c)
A written description of the requested variance, along with
a description of the hardship that is being alleged, and all reasons
why the variance should be granted.
(2)
General criteria. The Board may grant a variance, provided that
all of the following findings are made, where relevant in a given
case:
(a)
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.
(b)
That, 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 reasonable use of the
property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
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 nor be detrimental to the public welfare.
(e)
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.
(f)
That variances within the Floodplain Zone shall comply with
§ 230, Subsection 11, of this chapter.
(g)
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. 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 Part
7.
E. Appeals from the determination of the Zoning Officer, including but
not limited to the granting or denial of any permit or failure to
act on the application therefor, the issuance of any cease-and-desist
order, or the registration or refusal to register any nonconforming
use, structure or lot.
F. Appeals from a determination by the City Engineer or the Zoning Officer
with reference to the administration of any provisions contained within
the Floodplain Zone.
G. Appeals from the Zoning Officer's determination under § 916.2
(and any subsequent amendments) of the Act.
H. Appeals from the determination of the Zoning Officer or City Engineer
in the administration of any land use ordinance with reference to
sedimentation and erosion control and/or stormwater management for
applications not involving a subdivision/land development nor a planned
residential development, as regulated in Parts V and VII of the Act,
respectively.
[Ord. 227, 12/18/2006]
Appeals under §§ 604E, F, G, and H and proceedings
to challenge this chapter under §§ 604A and B may be
filed with the Board, in writing, by the landowner affected, any officer
or agency of the City, or any person aggrieved. Requests for a variance
under § 604D and for special exception under § 604C
may be filed with the Board by any landowner or any tenant with the
permission of such landowner. Any appeal shall state:
A. The name and address of the appellant and applicant.
B. The name and address of the landowner of the real estate to be affected.
If the landowner is not the appellant or applicant, the landowner's
written permission shall be attached to the appeal.
C. A brief description and location of the real estate to be affected
by such proposed change, together with a plot plan, drawn to scale,
with sufficient clarity to show the nature and character of the request.
D. A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof.
E. A statement of the section of this chapter under which the request
may be allowed and reasons why it should or should not be granted.
[Ord. 227, 12/18/2006]
Any person, taxpayer or the City aggrieved by any decision of
the Board may, within 30 days after such decision of the Board, seek
review by the Court of Common Pleas of such decision in the manner
provided by the laws of the Commonwealth of Pennsylvania and Article
X-A of the Act, as amended.