This article establishes the procedures and framework necessary
for the enforcement and administration of this chapter in accordance
with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Appointment. The Zoning Officer shall be appointed by the Borough
Council to administer and enforce this Zoning Ordinance. The Zoning
Officer shall not hold any elective office within the municipality.
No building, structure or sign shall be erected, constructed, moved,
added to, or structurally altered, nor shall land be put to any use
without a permit issued by the Zoning Officer for that purpose.
B.
Legal framework. The Zoning Officer shall have all the duties and
powers conferred by the Zoning Ordinance in addition to those reasonably
implied for that purpose. He/she shall not issue a building permit
in connection with any contemplated erection, construction, alterations,
repair, extension, replacement and/or use of any building, structure,
sign and/or land unless it first conforms with the requirements of
this Zoning Ordinance, with all other ordinances of the Borough, and
with the laws of the Commonwealth of Pennsylvania.
C.
Duties and powers of the Zoning Officer. It shall be the duty of
the Zoning Officer to enforce literally the provisions of this chapter
and amendments. He/she shall have such other duties and powers as
are conferred upon him/her by this chapter or as are reasonably implied
for that purpose, or as may be, from time to time, conferred upon
him by the Borough Council. The Zoning Officer's powers and duties
shall include but are not limited to the following:
(1)
Receive applications for and issue building permits and sign permits
as permitted by the terms of this chapter.
(2)
Keep an official record of all business and activities, including
complaints of a violation of any of the provisions of this chapter
and the action taken consequent to each such complaint. All such records
shall be open and available for public inspection. File copies of
all applications received, permits issued, reports and inspections
made in connection with any structure, building, sign and/or land,
shall be retained in hard copy as long as they remain in existence.
(3)
At his/her discretion, examine, or cause to be examined, all buildings,
structures, signs, and/or land or portions thereof, for which an application
has been filed for the erection, construction, alteration, repair,
extension, replacement, and/or use before issuing any permit, and
otherwise as required to fulfill her/his duties. Thereafter, he/she
may make such inspections during the completion of work for which
a permit has been issued. Upon completion of the building, structure,
sign and/or change, a final inspection shall be made and all violations
of the approved plans or building permit shall be noted and the holder
of the building permit shall be notified of the discrepancies. He/she
shall have the power to enter any building or structure or enter upon
any land at any reasonable hour in the course of his/her duties. Should
such access be prevented by any property owner, lessee or other person,
he/she shall have the authority, with the approval of the Borough
Council, to obtain a search warrant for said property.
(4)
Issue permits for special exception uses, conditional uses and/or
variances only after such uses and/or buildings have been approved
in writing by either the Zoning Hearing Board, in the case of special
exceptions and/or variances, and the Borough Council in the case of
conditional uses.
(5)
Maintain responsibility for keeping this chapter and the Official
Zoning Map up to date so as to include all amendments thereto.
(6)
Issue certificates of zoning compliance in accordance with the provisions
of this chapter.
(7)
Investigate alleged violations and address violations to this chapter.
(8)
Prepare and submit annual reports, as required in this chapter, to
the Planning Committee/Commission and Borough Council.
(9)
Identify and register nonconforming uses and structures created as
a result of the adoption of this chapter or created as a result of
amendments thereto.
(10)
Any other such duties as directed by Borough Council.
A.
Applicability of ordinance. No permit shall be issued except in conformity
with the provisions of this chapter, or upon written order from the
Zoning Hearing Board in the form of a special exception or variance,
or upon written order from the Borough Council in the form of a conditional
use, or as otherwise provided for by this chapter, any applicable
laws or any court of competent jurisdiction.
B.
Requirement for permit. It shall be unlawful to commence the excavation
for or the construction or alteration of any buildings until the Zoning
Officer has issued a building permit for such work. A building permit
shall be required for all construction or alterations. No building
permit shall be required for repairs to or maintenance of any building,
structure or grounds, provided such repairs do not change the use
or otherwise violate the provisions of this chapter. All applications
shall be made in writing and shall be accompanied by all applicable
fees and two sets of plans showing, at a minimum, the following information
to be considered as a complete application, if applicable:
(1)
Actual dimensions and shape of the lot to be used.
(2)
The exact size and location on the lot of buildings, structures,
or signs existing and/or proposed, including any extensions thereto.
(3)
The number of dwelling units.
(4)
A parking plan, indicating the number, size and location of all off-street
parking spaces and/or required loading areas for the specific use(s).
(5)
Statement indicating any existing or proposed use(s).
(6)
Height of any structure, building or sign existing or proposed.
(7)
Statement indicating the provider of essential services such as water
supply, sewage disposal, electrical service, natural gas service,
etc.
(8)
The name, address and telephone number of the property owner, the
applicant (if different from the owner), and the estimated value of
any proposed improvements.
(9)
Any other information deemed necessary by the Zoning Officer in order
to determine compliance with this and any other applicable ordinances.
C.
Action by Zoning Officer. One copy of the submitted plans and associated
information shall be returned to the applicant by the Zoning Officer
after he/she shall have made a determination of compliance with the
provisions of this chapter and other applicable ordinances.
(1)
Said plans shall be either marked approved or disapproved, and shall
be attested to it by the signature of the Zoning Officer.
(2)
Plans that are marked approved shall be returned with a permit, and
shall note any conditions of approval.
(3)
Plans that are marked disapproved shall be accompanied by a written
statement of the deficiencies of said plans.
D.
Review period. All applications shall be reviewed and marked for
approval or disapproval within 30 days from the date of submission
of a complete application.
E.
Disapproval procedure. All applications marked for disapproval shall
be accompanied by a letter informing the applicant of the applicable
ordinance sections and requirements that were used to deny the plans,
the applicant's rights for appeal and a copy of the hearing application.
F.
Forms. Applications for a permit shall be submitted in such form
as the Zoning Officer may prescribe.
G.
Effective period. Building permit(s) become invalid unless the authorized
construction work begins 180 days after the permit's issuance or if
the authorized construction work is suspended or abandoned for 180
days after the work has commenced. A permit holder may submit a written
request for an extension of time to commence construction for just
cause. The Zoning Officer may grant extensions of time to commence
construction in writing. A building permit may be valid for no more
than five years from its issue date.
H.
Nonpermitted work. Work initiated prior to the issuance of a building permit will be subject to fees double those outlined in § 205-47.
I.
Zoning compliance. A Building Occupancy Permit (BOP) shall be required
upon the completion of any buildings permitted under this chapter.
It shall be unlawful to use and/or occupy any building in any manner
until the BOP is issued.
(1)
The application for the BOP shall be submitted in such form as the
Zoning Officer may prescribe when all construction and related activities
are complete.
(2)
The Zoning Officer shall inspect any use, structure, building, sign
and/or land or portions thereof and shall determine the compliance
therewith to the provisions of this chapter.
J.
Exemptions. 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 and welfare of the public. It shall
be the responsibility of the Pennsylvania Public Utility Commission
to ensure that both the corporation and the Borough have notice of
such 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.
A.
Notice. The Zoning Officer shall serve written notice of violation
upon any person, firm, corporation or partnership deemed responsible
for violating any of the provisions of this chapter, or in violation
of any detailed statement or plan approved thereunder. Such written
notice shall be served personally or by certified mail, indicating
the nature of the violation and ordering the action necessary to correct
same. Such notice shall contain, at a minimum, the following information:
(1)
The party deemed responsible for the violation, and the name of the
owner of record of the property in question.
(2)
The date and location of the violation.
(3)
The specific section of this chapter that has been violated.
(4)
The specific action required to correct such violation.
(5)
The time period within which such violation shall be corrected.
(6)
The penalties that could be assessed for such violation.
(7)
The right of the party to appeal the decision of the Zoning Officer,
and the procedures to be followed to file such appeal.
(8)
The signature of the Zoning Officer.
B.
Noncompliance. Should such notice of violation not be complied with within the time period set forth in said notice, the Zoning Officer shall order the discontinuance of such unlawful use of structure, building, sign and/or land involved in said violation. The Zoning Officer shall also file a report of said noncompliance with the Borough Council, and upon authorization from the Borough Council, shall initiate legal action, in accordance with the provisions of Subsection C of this section.
(1)
Causes of action. In case any building, structure, landscaping or
land is erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Borough Council shall have
the power to authorize the Zoning Officer or Borough Solicitor to
initiate any appropriate action or proceeding to prevent, restrain,
correct or abate such violation.
(2)
When any such action is instituted by the Borough Council, written
notice shall be served by the municipality upon the owner or tenant
of said property or use in violation.
C.
Penalties. Any person, partnership or corporation who or that has
violated or permitted the violation of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the Borough as a result thereof.
(1)
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determines that there was a
good faith basis for the continuance of the violation, in which case
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.
(2)
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Borough.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action pursuant to this section.
A.
Membership. The Borough hereby creates a Zoning Hearing Board (ZHB),
herein referred to as the ZHB, consisting of three members, and two
alternate members, pursuant to Article IX of the Pennsylvania Municipalities
Planning Code Act of 1967, P.L. 705, No. 246, as amended,[1] who shall perform all the duties and have all the powers
prescribed by said statute and as herein provided.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B.
Terms and related. The membership of the ZHB shall consist of three
residents of the Borough, appointed by the Borough. The terms of office
shall be three years. One member shall be appointed to serve until
the first day of January of the year following the adoption of this
chapter; one member until the first day of January of the second year
following the adoption of this chapter; and one member until the first
day of January of the third year following the adoption of this chapter.
(1)
There shall be two alternate members of the ZHB appointed by the Borough. The term of office shall be three years. The terms for the alternate members shall coincide with the terms of the members as specified in Subsection B above.
(a)
Alternate members, when seated pursuant to the provisions of
Section 906 of Act 246, as amended by Acts 66 and 67 of 2000, (the
Pennsylvania Municipalities Planning Code),[2] shall be entitled to participate in all proceedings, and
shall have the powers and duties specified in the statute and this
chapter.
[2]
Editor's Note: See 53 P.S. § 10906.
(b)
Any alternate may participate in any proceeding or discussion
of the ZHB but shall not be entitled to vote as a member, nor be entitled
to any compensation unless designated as a voting alternate member
pursuant to Section 906 of the Pennsylvania Municipalities Planning
Code Act of 1967, P.L. 705, No. 246, as amended.
(2)
Members of the ZHB and alternate members of the ZHB shall hold no
other office of the municipality.
(3)
Any member or alternate member of the ZHB may be removed for malfeasance,
misfeasance or nonfeasance or for other just cause by a majority vote
of the Borough.
(4)
Vacancies shall be filled by appointment by the Borough Council for
the unexpired portion of the vacated term.
C.
Compensation. The members of the ZHB shall receive such compensation
if and/or as shall be fixed by the Borough Council, by resolution,
but in no case shall it exceed the rate of compensation authorized
to be paid to the members of the Borough Council.
D.
Technical assistance. Within the limits of funds appropriated by
the Borough Council, the ZHB may employ or contract for secretaries,
clerks, legal counsel, consultants, and other technical or legal staff.
The solicitor to the ZHB shall not be the solicitor of the municipality.
E.
Procedures. The ZHB may make, alter and rescind rules and forms for
its procedure, consistent with the ordinances of the Borough and the
laws of Pennsylvania.
(1)
The ZHB shall keep full public records of its business.
(2)
The records of the ZHB shall be the property of the Borough.
(3)
The ZHB shall submit a report of its activities and any recommendations
to the Borough Council as requested by the Borough Council. In addition,
the ZHB shall submit an annual report of its activities to the Borough
Council.
(4)
Such rules as may be established by the ZHB shall continue in force
and effect, until amended or repealed by the ZHB, by municipal ordinance
or by federal or state law.
(5)
The ZHB shall elect, from its own membership, its officers, who shall
serve annual terms as such, and may succeed themselves.
(6)
Meetings and hearings of the ZHB shall be held at the call of the
Chairman and at such other times as the ZHB, by majority vote, may
determine.
F.
Hearings. The ZHB shall conduct hearings and make decisions in accordance
with the following requirements:
(1)
For the conduct of any hearing and the taking of any action, a quorum
of not less than a majority of the members or voting alternates shall
be present. In the event that any member is disqualified for reason
of conflict of interest, his/her place on the hearing panel may be
taken by a voting alternate.
(2)
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, abutting or adjoining property
owners and such other persons as the Borough Council or the ZHB may
designate, and to any person who as made a timely request for same.
Written notice of said hearing shall be conspicuously posted on the
affected tract at least one week prior to the hearing.
(a)
Public notice shall consist of publication of an advertisement
in a newspaper of general circulation in the Borough, not more than
30 or less than seven days prior to the hearing.
(b)
Written notice shall consist of letter signed by the Zoning
Officer on behalf of the Chairman of the Board. Written notice shall
be provided a minimum of 15 days prior to the hearing.
(3)
Hearings shall be conducted by the ZHB.
(a)
The hearing shall be commenced within 60 days from the date
of the receipt of the applicant's request, unless the applicant has
agreed in writing to an extension of time. Any subsequent hearing
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. An applicant
shall complete the presentation of the presentation of the case-in-chief
within 100 days of the first hearing. Upon the request of the applicant,
the ZHB shall assure that the applicant receives at least six hours
of hearings within the 100 days, including the first hearing. Persons
opposed to the application shall complete the presentation of their
opposition to the application within 100 days of the first hearing
held after the completion of the applicant's case-in-chief. An applicant
may, upon request, be granted additional hearings to complete the
case-in-chief, provided the persons opposed to the application are
granted an equal number of additional hearings. Persons opposed to
the application may, upon the written consent or consent on record
by the applicant and municipality, be granted additional hearings
to complete their opposition to the application provided the applicant
is granted an equal number of additional hearings for rebuttal.
(c)
The findings shall be made by the ZHB.
(d)
The ZHB shall not appoint a member to serve as a hearing officer.
(e)
The parties to any hearing shall be the Borough, the applicant,
any person affected by the application who has made timely appearance
of record before the ZHB, and any other person including civic or
community organizations permitted to appear by the ZHB. The ZHB shall
have the power to require that all persons who wish to be considered
parties enter appearances in writing in a form acceptable to the ZHB.
(f)
The chairman or acting chairman of the ZHB shall have the power
to administer oaths and issue subpoenas to compel the attendance of
witnesses and production of relevant documents and papers, including
any witnesses and/or documents requested by the parties.
(g)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(h)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(i)
The ZHB shall keep a stenographic record of the proceedings.
[1]
The appearance fee for a stenographer shall be shared equally
by the ZHB and the applicant.
[2]
The cost of the original transcript shall be paid by the ZHB
if the transcript is ordered by the ZHB.
[3]
The cost of the transcript shall be paid by any person or party
who might appeal from the decision of the ZHB.
[4]
Additional copies of the transcript shall be paid by the person
requesting such copy.
(j)
The ZHB shall not communicate, directly or indirectly, with
any party or his/her representatives in connection with any issue
involved except upon notice and opportunity for all parties to participate.
[1]
The ZHB shall not take notice of any communication, reports
staff memoranda, or other materials, except advice from their solicitor,
unless parties are afforded an opportunity to contest the material
so noticed.
[2]
The ZHB shall not inspect the site or its surroundings after
the commencement of hearings with any party or his/her representative
unless all parties are given an opportunity to be present.
(k)
The ZHB shall render a written decision, or when no decision
is called for, a written finding on the application within 45 days
after the last hearing before the ZHB.
[1]
Where the application is contested or denied, each decision
shall be accompanied by findings of fact and conclusions based thereon
together with the reasons therefor.
[2]
Conclusions based on the provisions of Pennsylvania Municipalities
Planning Code Act of 1967, P.L. 705, No. 246, as amended,[3] this chapter or any other rule or regulation shall contain
a reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in light of the facts found.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Where the ZHB fails to render the decision within the required
forty-five-day period, or fails to hold a hearing within the required
sixty-day period, the decision shall be deemed to have been rendered
in favor of the applicant, unless the applicant has agreed in writing
or on the record to an extension of time.
[4]
In such case when a decision has been rendered in favor of the
applicant because of the failure of the ZHB to meet or render a decision
as herein provided, the ZHB shall give public notice of said decision
within 10 days from the last day it could have met to render such
decision as provided in this chapter. If the ZHB should fail to provide
such notice, the applicant may do so.
[5]
Nothing in this section shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction.
(l)
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/her not later than the day following its date. To
all other persons who have filed their name and address with the ZHB
not later than the last day of the hearing, the ZHB shall provide
by mail or otherwise, brief notice of the decision or findings and
a statement of the time and place at which the full decision or findings
may be examined.
G.
Functions of the Zoning Hearing Board. The ZHB shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
(1)
Substantive challenges to the validity of this chapter or Chapter 174, Subdivision of Land, except that the ZHB shall have no jurisdiction regarding any landowner curative amendments.
(2)
Challenges to the validity of this chapter or Chapter 174, Subdivision of Land, raising procedural questions or alleged defects in the process of enactment or adoption.
(3)
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, the registration or refusal to register any nonconforming use,
structure or lot, the interpretation of any district boundary line
or any other official map.
(a)
In exercising this power, the ZHB may reverse or affirm, wholly
or in part, or may modify, the order, requirement, decision, determination
or permit appealed from.
(b)
Nothing in this section shall be construed to deny the appellant
the right to proceed directly to court, when appropriate, pursuant
to the Pennsylvania Rules of Civil Procedure relating to mandamus.
(4)
Appeals from the decision by the professional engineer retained by the Borough or the Zoning Officer with reference to the administration of Chapter 99, Floodplain Regulations, or the Borough's Stormwater Management Ordinance.
(5)
Applications for variances from the terms of this chapter pursuant to Article VI of this chapter.
(6)
Applications for special exceptions under this chapter pursuant to
any special exception criteria established under this chapter.
(7)
Appeals from the determination of the Zoning Officer regarding any
performance or density provisions of this chapter.
(8)
Appeals from the determination of the professional engineer or consultant
retained by the Borough with reference to sedimentation and erosion
control plans.
H.
Standards for variances. The ZHB shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The ZHB shall, by rule, prescribe the
form of application and may require the submission of a preliminary
application to the Zoning Officer. The ZHB may grant a variance, provided
that all the following findings are made where relevant to a given
case:
(1)
That there are unique physical circumstances or conditions, including
irregularity, narrowness, or shallowness of lot size and 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 created by the provisions
of this chapter in the district in which the property is located.
(2)
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 the ordinance and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That the variance if authorized, will not alter the essential character
of the 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.
(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 in issue.
I.
Other conditions and safeguards. The ZHB may also grant a variance,
provided that all the following findings are made where relevant to
a given case:
(1)
That no nonconforming use of neighboring lands, structures or buildings
in the same district, and no permitted or nonconforming use of land,
structure or buildings in other districts shall be considered grounds
for the granting of any variance.
(2)
That in no case shall a variance be granted solely for reasons of
financial hardship or additional financial gain on the part of the
applicant.
(3)
In granting any variance, the ZHB may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter.
J.
Standards for special exceptions. The ZHB shall have the power to hear and decide only such special exceptions as specifically authorized in Article IV of this chapter. All special exceptions shall meet the following criteria:
(1)
Special exception uses shall be specifically authorized in the zoning district, and shall meet any special exception criteria established in Article V.
(2)
Special exception uses shall be found to be consistent with the community
development goals and objectives; the general purposes and intent
of this chapter.
(3)
Special exception uses 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.
(4)
Special exception uses shall be in substantial compliance with county
and/or local comprehensive plans.
(6)
Special exception uses requiring a variance from this or any other
ordinance shall be granted after such time as the variance may be
authorized.
(7)
The ZHB may attach any reasonable conditions and safeguards as it
may deem advisable and appropriate to any special exception permit.
Refusal of the applicant to accept such conditions shall result in
the revoking of the special exception permit.
A.
The Borough Council shall have exclusive jurisdiction to hear and
render final adjudication in the following matters:
(1)
All applications for approval of subdivisions or land developments, pursuant to Chapter 174, Subdivision of Land, demonstrating compliance with this chapter.
(2)
Applications for conditional use.
(3)
Applications for curative amendment to this chapter.
(4)
All petitions for amendments to this chapter, as well as other ordinances
enacted and administered by the Borough Council.
B.
Standards for conditional use. The Borough Council shall hold a public
hearing for all conditional uses listed in this chapter. In granting
any conditional uses, the below listed criteria shall be applied:
(1)
The presence of nearby similar uses.
(2)
An adjoining district in which the use is permitted.
(3)
Compatibility of the use with the provisions of the county and/or
local comprehensive plan.
(4)
Sufficient lot area to provide effective screening from adjacent
residential uses.
(5)
That the use will not detract from permitted uses in the district.
(7)
Notification of adjoining property owners.
C.
Additional procedural matters. The following apply to conditional
use applications before Borough Council:
(1)
Should any conditional use require a variance from this or any other
ordinance, said variance shall be authorized prior to the scheduling
of a conditional use hearing.
(2)
The Borough Council may attach such reasonable conditions to a conditional
use permit as they may deem appropriate and advisable. Failure of
the applicant to agree to said conditions shall result in the immediate
revoking of the permit.
(3)
Should the work authorized under a conditional use permit fail to
commence within 180 days of the issuance of the permit, it shall be
conclusively presumed that the applicant has waived, withdrawn or
abandoned said permit and all such permits shall be automatically
rescinded by the Borough Council.
(4)
All applications for conditional use shall be submitted to the Planning
Committee/Commission for their review and recommendation. Lack of
recommendation by the Planning Committee/Commission shall be deemed
as recommended approval of the application.
(5)
Where the Borough Council fails to render a decision within the period
required by Section 913.2 of the Pennsylvania Municipalities Planning
Code[1] (i.e., within 45 days after the last hearing), or fails
to commence, conduct or complete the required hearing as provided
in Section 907(1.2) of the Pennsylvania Municipalities Planning Code[2] (i.e., hearing is not commenced within 60 days of applicant's
request or not completed within 100 days of the completion of the
applicant's case-in-chief), the decision shall be deemed to have been
rendered in favor of the applicant unless the applicant has agreed
in writing or on record to an extension of time. When a decision has
been rendered in favor of the applicant because of the failure of
the Borough Council to meet or render a decision as hereinabove provided,
the Borough Council shall give public notice of the decision within
10 days from the last day it could have met to render a decision in
the same manner as required by the public notice requirements of the
Pennsylvania Municipalities Planning Code.
The procedures discussed in this section shall apply to all
proceedings before the ZHB and where applicable shall apply to proceedings
before the Borough Council.
B.
C.
Appeals, general. No person shall be allowed to file any proceeding
with the Board later than 30 days after an application for development,
preliminary or final, has been approved by the appropriate municipal
officer agency or body, if such proceeding is designed to secure reversal
or to limit the approval in any manner unless such person alleges
and proves that he/she had no notice, knowledge or reason to believe
that such approval had been given.
(1)
If such person has succeeded to his interest after such approval,
he/she shall be bound by the knowledge of his/her predecessor in interest.
(2)
The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to Article VI of this chapter or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Section 916.2 of the Pennsylvania Municipalities Planning Code Act of 1967, P.L. 705, No. 246, as amended,[2] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative plan.
[2]
Editor's Note: See 53 P.S. § 10916.2.
D.
Appeal time frame. All appeals from determinations adverse to landowners
shall be filed by the landowner within 30 days after the determination
is issued.
E.
Stay. Upon filing of any proceeding referred to in this article and
during its pendency before the ZHB, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or any agency or body, and all official action thereunder shall be
stayed unless the Zoning Officer or any appropriate agency or bodies
certifies to the Board facts indicating that such stay would cause
imminent peril to life or property, in which case the development
or official action shall not be stayed otherwise than by a restraining
order, that may be granted by the ZHB or by a court of competent jurisdiction
on petition, after notice to the Zoning Officer or other appropriate
agency or body.
F.
Bonding for approved applications. When an application for development,
preliminary or final, has been duly approved and proceedings designed
to reverse or limit the approval are filed with the ZHB by persons
other than the applicant, the applicant may petition a court of competent
jurisdiction to order such persons to post bond as a condition to
continuing the proceedings before the Board.
A.
Establishment of fees. The Borough Council shall establish a schedule
of fees, charges and expenses and the collection procedures for building
permits, certificates of occupancy, special exceptions, variances,
appeals and any other matters pertaining to this chapter.
B.
Schedule and changes. The schedule of fees shall be available for
inspection in the office of the Zoning Officer and may be altered
or amended, by resolution, by the Borough Council.
C.
Payment of fees. No action shall be taken on any application or appeal
until such time as all fees, charges and expenses have been paid in
full.
A.
Statement of intent. Within the zoning districts established pursuant
to this chapter or subsequent amendments thereto, there exists or
will exist certain nonconformities that, if lawful before this chapter
was enacted or amended, may be continued, subject to certain limitations,
although such nonconformities would be prohibited, regulated or restricted
under the terms of this chapter or subsequent amendments thereto.
In order to avoid undue hardship, nothing in this chapter shall be
deemed to require a change in the plans, construction or designated
use of any buildings or structures on which actual construction was
lawfully begun prior to the effective date of adoption of amendment
to this chapter and upon which actual building construction has been
diligently carried on.
B.
Nonconforming lots of record. Lots of record existing at the date
of adoption or amendment of this chapter that do not conform to the
regulations of the zoning district in which they are located may be
used for primary structures or dwellings and customary accessory uses
as a special exception, and if the buildings are erected according
to the following stipulations:
(1)
The yard requirements for the any such nonconforming lot in a block
shall conform at a minimum to the average setbacks of the two adjoining
lots, or the average of the setbacks for the nearest lots upon which
a primary structure is located.
(a)
These provisions shall apply even though such lot fails to meet
the requirements for area or width, or both, that are generally applicable
in the district.
(b)
A block shall be defined as a tract of land bounded by streets,
or by a combination of streets, public parks, cemeteries, railroad
rights-of-way, waterways or any municipal boundary.
(2)
If two or more lots, combination of lots and portions of lots with
continuous frontage in single ownership are of record at the time
of adoption of this chapter or amendment thereto, and if all or part
of the lots do not meet the requirements established for lot width
and/or area, the land shall be considered to be an undivided parcel
for the purpose of this chapter. No portion of said parcel shall be
used or sold in a manner that diminishes compliance with lot width
and/or area requirements established by this chapter, nor shall any
division of any parcel be made that creates a lot with width or area
below the minimum requirements established in this chapter.
C.
Nonconforming structures or buildings.
(1)
Structures or buildings that at the effective date of this chapter
or subsequent amendments thereto that do not conform to the requirements
contained therein by reason of restrictions on area, lot coverage,
height, yards, its location on the lot or other requirements concerning
the building or structure, may be continued to be used, maintained
and repaired so long as such structure or building remains otherwise
lawful, subject to the following provisions:
(a)
No such nonconforming structure or building may be enlarged
or altered in any way that increases its nonconformity.
(b)
No nonconforming structure or building shall be, for any reason,
moved any distance unless it shall thereafter conform to the zoning
regulations for the district in which it is located after it is moved.
(c)
Whenever any nonconforming structure or building has been vacated
and not publicly advertised or marketed for a period of 12 consecutive
months, such structure or building shall thereafter not be used except
in compliance with the provisions of this chapter.
(2)
Should a nonconforming structure or building be destroyed by fire, flood, wind or other means not of the owner's decision, it shall not be reconstructed in any manner that increases its nonconformity. This will allow the rebuilding and/or reconstruction of a building/structure on the same horizontal footprint for the same type, height and density of use that existed prior to the fire, flood, wind or other applicable event not of the owner's decision, in conformance with Chapter 99, Floodplain Regulations, and other applicable Borough ordinances and regulations in effect at the time of the rebuilding/reconstruction.
(3)
In cases where two or more uses or principal structures, exclusive of any accessory structures, exist on a single parcel, all such buildings or uses shall comply with all requirements of this chapter and subsequent amendments that would normally apply to each building or use if each was on a separate lot. In cases where existing multiple uses and/or primary buildings are nonconforming, any alterations or modifications shall be in accordance with Article VI of this chapter.
D.
Nonconforming uses.
(1)
Lawful uses of land, structures or buildings that at the effective
date of this chapter or as a result of subsequent amendments thereto
that do not conform to the requirements contained therein may be continued
by the present or any subsequent owner so long as such use remains
otherwise lawful, subject to the following provisions:
(a)
Any nonconforming use, if changed to a conforming use, shall
not thereafter be changed back to any nonconforming use. A nonconforming
use may, by variance, be changed to another nonconforming use, provided
that the ZHB shall find that the proposed use is equally or more appropriate
in the zoning district in which the property is located than the previously
existing nonconforming use.
(b)
Whenever a nonconforming use of any land, structure or building
has been discontinued and/or not publicly advertised or marketed for
a period of 12 consecutive months such land, structure or building
or any portion thereof shall be used only in a manner in full compliance
with this chapter.
(c)
Should a structure or building that sustains a nonconforming use be destroyed by fire, flood, wind or other means not of the owner's decision, it shall not be reconstructed in any manner that increases its nonconformity. This will allow the rebuilding and/or reconstruction of a building/structure on the same horizontal footprint for the same type, height and density of use that existed prior to the fire, flood, wind or other applicable event not of the owner's decision in conformance with Chapter 99, Floodplain Regulations, and other applicable Borough ordinances and regulations in effect at the time of the rebuilding/reconstruction.
(d)
Voluntary removal or destruction of the structure or building
in which any nonconforming use is located shall eliminate the use
of the land upon which the structure or building was erected for such
nonconforming use.
(2)
A nonconforming use may be extended throughout any part of the existing
land, structure or building, or a new extension or addition to a structure
or building may be constructed, provided that all such structural
alterations, extensions or additions shall comply with all provisions
of this chapter with respect to height, area, width, yard and coverage
requirements for the zoning district in which the building is located.
Total extension of any nonconforming use shall not exceed 25% of the
gross floor area of any building or 25% of the gross land area of
any outdoor use, occupied by said nonconforming use at the time of
the adoption and/or amendment of this chapter.
E.
Effect of special exception. Any use that is permitted as a special
exception in any zoning district under the terms of this chapter (other
than a change through ZHB action from one nonconforming use to another
nonconforming use) shall not be deemed a nonconforming use in such
a zoning district, but shall without further action be considered
a conforming use.
F.
Registration of nonconformities. To facilitate the administration
of this chapter, the Zoning Officer may prepare and maintain an accurate
listing of all uses and structures in all districts, or use, update
and maintain the approved Existing Land Use Map as per the Borough's
most recent Comprehensive Plan Update as a permanent record.
(1)
Uses permitted by special exception and/or variance may be so noted
on a permanent record of the subject parcel.
(2)
Nonconforming uses and structures may be registered separately or
on this permanent record.
(3)
This listing/permanent record will be a matter of public record and
constitute sufficient notice of the nonconforming status of said uses
and/or structures and will constitute sufficient status of said use
and/or structures and the limitations therein expressed and implied
to any transferee acquiring any right to use or own such property.
