[Amended 12-21-1994 by Ord. No. 1029; 12-21-1994 by Ord. No. 1031]
Persons desiring to undertake any new construction, structural
alteration, or change 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 as may, from time
to time, be determined by the Borough Council of the Borough of Mount
Union. The Zoning Officer will then either issue or refuse the zoning
permit or refer the application to the Zoning Hearing Board. After
the zoning permit has been received by the applicant, he may proceed
to undertake the action permitted by the zoning permit and, upon completion
of such action, shall apply to the Zoning Officer for an occupancy
permit where such a permit is required. If the Zoning Officer finds
that the action of the applicant has been taken in accordance with
the zoning permit, he will then issue an occupancy permit allowing
the premises to be occupied.
Under the terms of this chapter, the following classes of zoning
permits may be issued:
A. Permitted uses. A zoning permit for a permitted use may be issued
by the Zoning Officer on his own authority.
B. Special exception uses. A zoning permit for a special exception may
be issued by the Zoning Officer after a review and upon the order
of the Zoning Hearing Board.
C. Conditional uses. A zoning permit for a conditional use may be issued
by the Zoning Officer after review by the Planning Commission and
upon the order of the governing body.
D. Zoning permit after an appeal or a request for a variance. A zoning
permit may be issued by the Zoning Officer upon the order of the Zoning
Hearing Board and after a public hearing held by the Board for the
purpose of deciding upon the appeal or a request for a variance.
[Amended 12-21-1994 by Ord. No. 1029; 12-21-1994 by Ord. No. 1031]
A. Appeal from a decision of the Zoning Officer. Any person or official
of the Borough aggrieved or affected by any provision of this chapter
or by any decision, including any order to stop, cease, and desist,
issued by the Zoning Officer may appeal. Such appeal shall be taken
within a reasonable time as provided by the rules of the Board by
filing with the Zoning Officer and with the Zoning Hearing Board a
notice of appeal specifying the grounds thereof. All such appeals
shall be accompanied by the payment of a fee, in an amount as may
from time to time be determined by the Borough Council of the Borough
of Mount Union, to reasonably cover the costs of the appeal proceeding
before the Zoning Hearing Board.
B. Expiration of appeal decision. Unless otherwise specified by the
Board, a decision on any appeal or request for a variance shall expire
if the applicant fails to obtain any necessary zoning permit or comply
with the conditions of said authorized permit within six months from
the date of authorization thereof.
C. Appeal from decision of Board. Any appeal from a decision of the
Zoning Hearing Board shall be made to the Court. In 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 Solicitor
to the municipality of such appeal and furnish him with a copy of
the return, including a transcript of the testimony. Any offer of
the Board not appealed within 30 days shall be final.
D. Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Zoning Officer certified to
the Board, after the notice of appeal shall have been filed, that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Board after notice to the Zoning Officer or by the
Court of Common Pleas.
E. Information required on appeals to the Board. All appeals from a
decision of the Zoning Officer and application to the Board shall
be in writing on forms prescribed by the Board. 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 zone lot to be affected
by such proposed change or appeal.
(3) A brief description and location of the zone lot to be affected by
such proposed change or appeal.
(4) A statement of the present zoning classification of the zone lot
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 present improvements and
the additions or changes intended to be made under this application,
indicating the size of such proposed improvements, material, and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected, indicating the location
and size of the lot and size of improvements thereon and proposed
to be erected thereon.
F. Public hearings to be held by Board. Upon filing with the Board of
an appeal or a request for a variance as required by the terms of
this chapter, or for such other purposes as provided herein where
the Board deems it in the public interest, the Board shall fix a reasonable
time for the hearing of the appeal, give public notice thereof, as
well as due notice to the parties in interest, and decide the same
within 45 days after the hearing or, if said hearing is continued,
within 45 days after said continued hearing. If the Zoning Hearing
Board does not make a decision within 45 days after the hearing or
continued hearing, it shall be deemed that such Board has decided
in favor of the person or official of the municipality aggrieved or
affected who is seeking relief. Upon the hearing, any party may appear
in person or by agent or by attorney.
To hear and decide only such special exceptions to the terms
of this chapter upon which the Board is specifically authorized to
pass upon by the terms of this chapter, the granting of a special
exception when specifically authorized by the terms of this chapter
shall be subject to the following conditions and guiding principles:
A. Such use shall be one which is specifically authorized as a special
exception use in said district.
B. Such permits shall only be granted subject to any applicable conditions
and safeguards as required by this chapter.
C. Such permit may be granted subject to additional reasonable conditions
and safeguards as may be deemed by the Board to be advisable and appropriate.
D. Such use shall be found by the Board to be in harmony with the general
purpose and intent of this chapter.
E. Such use shall not adversely affect the character of the district,
nor the conservation of property values, nor the health and safety
of residents or workers on adjacent properties and in the general
neighborhood.
F. Such use shall be such appropriate 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.
G. The notification of abutting property owners.
H. Uses shall meet the provisions and requirements of the Borough Subdivision
and Land Development Ordinance, as amended.
I. Should the applicant fail to obtain the necessary permits within
a six-month period, or, having obtained the permit, should he fail
to commence work thereunder within such six-month period, it shall
be conclusively presumed that the applicant has waived, withdrawn,
or abandoned his appeal or his application, and all provisions, conditional
uses and permits granted to him shall be deemed automatically rescinded
by the Borough Council.
The Borough Council may, from time to time, after public notice
and hearing as hereinafter prescribed, amend, supplement, change,
or repeal this chapter, including the Zoning Map. Any amendment, supplement, change or repeal may be initiated
by the Borough Planning Commission, the Council or by a petition to
Council. Such amendment, supplement, change or repeal shall be submitted
to the Borough Planning Commission and to the County Planning Commission
for their recommendations and shall be specifically found by the Council
to be in accordance with the spirit and intent of the formally adopted
portions of the Comprehensive Plan before final action shall be taken.
A. Amendments initiated by the Borough Planning Commission. When an
amendment, supplement, change or repeal is initiated by the Borough
Planning Commission, the Borough Council shall, at least 30 days prior
to the date of the hearing on the proposed amendment, submit the amendment
to the County Planning Commission for its review and recommendations.
B. Amendments initiated by Borough Council. When an amendment, supplement,
change or repeal is initiated by Council, it shall submit the proposal
to both the Borough Planning Commission and the County Planning Commission
for review and recommendations at least 30 days prior to the date
fixed for the public hearing to consider the amendment, supplement,
change or repeal.
C. Curative amendment initiated by landowner. When a landowner desires
to challenge, on substantive grounds, the validity of this chapter
or map or any provision thereof, said landowner may submit a curative
amendment to the Council with a written request that his challenge
and proposed amendments be heard and decided as provided in the Pennsylvania
Municipalities Planning Code, as amended.
D. Procedure for petition. The petition for amendment, supplement, change
or repeal shall contain as fully as possible all relevant information
and shall be signed by at least one record owner of the property in
question, whose signature shall be notarized, attesting to the truth
and correctness of all the facts and information presented in the
petition. The fee established by resolution of Borough Council shall
be paid upon the filing of such petition for change and for the purpose
of defraying the costs of the proceedings prescribed herein.
E. Public hearing. Borough Council shall fix a time and place for a
public hearing at which parties of interest and citizens shall have
an opportunity to be heard. Notice of the time and place of such hearing
shall be published in one newspaper of general circulation in the
Borough once each week for two successive weeks; the first publication
shall be not more than 30 days and not less than 14 days prior to
the date of said hearing.
F. Authentication of Official Zoning Map. Whenever there has been a change in the boundary of a
zoning district or a reclassification of the zoning district adopted
in accordance with the above, the change on the Official Map shall
be made and shall be fully certified by the Borough Secretary and
shall thereafter be refiled as part of the permanent records of the
Borough.
Fees for permits and administration of the provisions of this
chapter shall be established by resolution.