The purposes of this article are to list and describe the powers,
procedures and standards for the Zoning Hearing Board, as required
by the Pennsylvania Municipalities Planning Code, as amended.
A.
Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Borough of Upland shall be appointed by the Borough Council and shall be authorized to administer all procedures charged to such boards in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this article, the term "Municipalities Planning Code" shall refer to the Pennsylvania Municipalities Planning Code, Act 247, as amended.
B.
Membership of the Zoning Hearing Board. The Zoning Hearing Board
shall consist of three residents of the Borough and two alternates,
also Borough residents. Their terms of office shall be three years
and shall be so fixed that the term of office of one member shall
expire each year. The Zoning Hearing Board shall promptly notify the
Borough of any vacancies. Appointment to fill vacancies shall be only
for the unexpired portion of the term. Members of the Zoning Hearing
Board shall hold no other elected or appointed office in the Borough.
Included in this statement are part-time officials and consultants.
C.
Removal of members. Any member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority rule
of the Borough 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 requests it in writing.
See also Section 905 of the Municipalities Planning Code.
D.
Organization of the Zoning Hearing Board.
(1)
The Zoning Hearing 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 the majority of all members of the
Zoning Hearing Board; but where a majority of members are disqualified
to act in a particular matter, the remaining members may act for the
Zoning Hearing Board. As provided for in the Municipalities Planning
Code, the Zoning Hearing 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 Zoning Hearing Board, as provided
in Section 908 of the Municipalities Planning Code. See also Section
906 of the Municipalities Planning Code for further information on
the organization of the Zoning Hearing Board.
(2)
The Zoning Hearing Board shall adopt rules and forms for its
procedure in accordance with the provisions of this chapter. Meetings
of the Zoning Hearing Board shall be held at the call of the Chairman
and at such other times as the Zoning Hearing Board may determine.
Such Chairman or, in his absence, the Acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of the
Zoning Hearing Board shall be open to the public.
(3)
The Zoning Hearing Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed in the Department of Code Enforcement and shall be a public
record.
(4)
The Zoning Hearing Board shall submit a report of its activities
to the Borough Council as requested.
E.
Expenditures for services. 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, but in no case shall it exceed the rate of
compensation authorized to be paid to members of the Borough Council.
See also Section 907 of the Municipalities Planning Code.
A.
Appeals from the Borough Zoning Officer. The Zoning Hearing Board shall hear and decide appeals where it is alleged that the Borough Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or the Zoning Map, or any valid rule or regulation governing the action of the Zoning Officer.
B.
Applications. Applications for variances or special exceptions shall
include as a minimum the following information:
(1)
A sketch plan, at scale, showing the layout of the property,
the proposed improvements and alterations thereto and the relationship
of the tract to adjacent properties.
(2)
A reference to the section(s) of the ordinance under which the
variance or special exception is requested.
(3)
Other information items as required by the Department of Code
Enforcement.
C.
Variances. The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship on the applicant. In granting a variance, the Zoning Hearing
Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of the Municipalities Planning
Code and this chapter. See also Section 910.2 of the Municipalities
Planning Code.
D.
Special exceptions. The Zoning Hearing Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth in § 185-2406 below. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter. Regulations for specific special exceptions shall also be met and are located in Article XIX of this chapter. See also Section 912.1 of the Municipalities Planning Code.
E.
Challenges to the validity of Zoning Code or Map. The Zoning Hearing
Board shall conduct hearings and make decisions and findings in connection
with challenges to the validity of any provision of this chapter as
authorized by Section 909.1 and/or 916.1 of the Municipalities Planning
Code.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the provisions of Section 908 of the Municipalities
Planning Code.
A.
Notice of hearing. In any case where the Zoning Hearing Board shall
hold a public hearing, the Zoning Hearing Board shall, at a minimum,
give notice of such hearing as follows (see also Section 908 of the
Municipalities Planning Code):
(1)
Notice shall at a minimum state the time and the place of the
hearing and the particular nature of the matter to be considered at
the hearing.
(2)
By publishing a notice thereof once each week for two successive
weeks in a newspaper of general circulation in the Borough, provided
that the first publication shall be not more than 30 days and the
second publication not less than seven days from the date of the hearing.
(3)
By mailing or delivering due notice thereof to the applicant
and other parties in interest, who shall be at least those persons
whose properties adjoin the property in question or are within a two-hundred-foot
radius of the property in question.
(4)
By mailing or delivering notice thereof to the Borough Council,
the Borough Manager and the Zoning Officer.
(5)
By conspicuously posting notice of said hearing on the affected
tract of land at least one week prior to the hearing.
Decisions of the Zoning Hearing Board shall include the following
elements:
A.
Findings of fact, including a brief summary of relevant testimony
and information entered during the proceedings of the Zoning Hearing
Board.
B.
Citation by quotation or by reference to the specific sections of
the local ordinances and/or the Municipalities Planning Code that
are relevant to the case in question.
C.
Conclusions of the Zoning Hearing Board, enumerating the reasons
why such conclusions are deemed appropriate in light of the facts
found.
D.
Ruling of the Zoning Hearing Board, indicating in writing any stipulations
or conditions attached to the ruling.
In any instance where the Zoning Hearing Board is required to
consider a variance or special exception, the Zoning Hearing Board
shall, among other things, consider the following standards:
A.
Municipalities Planning Code criteria for variances.
(1)
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship on the applicant.
(2)
A variance from the terms of this chapter shall not be granted
by the Zoning Hearing Board unless and until a written application
for a variance is submitted by the applicant, who shall have the burden
of establishing the presence of all the following conditions 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 to the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
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 the variance is therefore necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship has not been created by the applicant.
(d)
That 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.
(e)
That 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.
(3)
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 the Municipalities Planning Code and
this chapter.
B.
Standards for review of special exceptions.
(1)
In any instance where the Zoning Hearing Board is required to
consider a request for a special exception, the Zoning Hearing Board
shall consider the following factors, where appropriate (see also
Section 912.1 of the Municipalities Planning Code):
(a)
That the proposed use is appropriate for the site in question
in terms of size, topography, natural features, drainage, sewage disposal,
water supply, accessibility and availability of public services and
that adequate provisions will be made to protect sensitive environmental
features such as streams, lakes, wetlands, slopes and mature trees.
(b)
That the proposed use is compatible with the character of the
surrounding neighborhood and will not interfere with or detract from
legitimate uses and adjacent properties, and that adequate measures
will be provided through building design, site layout, landscaping,
planting and operational controls to minimize any adverse impacts
caused by noise, lights, glare, odors, smoke, fumes, traffic, parking,
loading and signage.
(c)
That the proposed special exception will serve the best interests
of the Borough, the convenience of the community and the public health,
safety and welfare.
(d)
That the proposed use promotes orderly development, proper population
density and the provision of adequate community facilities and services,
including police and fire protection.
(e)
That the proposed use is suitable in terms of its effect on
highway safety and traffic circulation and that access, on-site circulation
and parking are adequate in view of anticipated traffic.
(2)
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in § 185-1902 shall apply.
(3)
Financial hardship shall not be construed as a basis for granting
special exceptions.
(4)
In granting any special exception, the Zoning Hearing Board may attach reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter, which conditions and safeguards may relate to, but not be limited to, screening, lighting, noise, safety, aesthetics and the minimization of noxious, offensive or hazardous elements. Such special exception shall be clearly authorized by a provision in this chapter and shall, where applicable, comply with the more-specific standards relating to such special exception contained in relevant sections of Article XIX.
A.
For variances. An applicant for a variance shall have the burden
of establishing both:
C.
Evaluation of the impact of an application on the public interest.
In determining whether the allowance of a special exception or variance
is contrary to the public interest, the Zoning Hearing Board shall
consider whether the application, if granted, will:
(1)
Adversely affect the public health, safety and welfare due to
changes in traffic conditions, drainage, air quality, noise levels,
neighborhood property values, natural features and neighborhood aesthetic
characteristics.
(3)
Adversely affect the logical, efficient and economical extension
or provision of public services and facilities, such as public water,
sewers, refuse collection, police, fire protection and public schools.
(4)
Otherwise adversely affect the public health, safety or welfare.
[Amended 9-11-2012 by Ord. No. 11-2012]
Unless otherwise specified by the Zoning Hearing Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit and commence actual construction within one year
from the date of the Board's opinion and decree granting the same.
See Sections 914.1 and 915.1 of the Municipalities Planning
Code.
See Article X-A of the Municipalities Planning Code.
