Borough of Tyrone, PA
Blair County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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.
(3) 
The Zoning Hearing Board shall have initial jurisdiction for proceedings brought under this section. Any subsequent legal action shall be in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
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.
(a) 
A member or alternate member shall receive a minimum of 15 days advance notice of the intent to take such a vote.
(b) 
A public hearing shall be held, if the member or alternate member requests one in writing.
(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.
(b) 
Fees for hearings shall be established by the Borough Council.
[1] 
Fees may include compensation for the members and secretary (or court stenographer), notice, advertising costs and administrative costs.
[2] 
Fees shall not include legal expenses, consultant expenses or expert witness costs.
(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.
(a) 
Such challenges shall be raised on appeal within 30 days after the effective date of said ordinance.
(b) 
The ZHB shall immediately notify the Borough Council of such challenges.
(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.
(5) 
Special exception uses shall comply with the supplemental regulations contained in Article V.
(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.
(5) 
Petitions for waivers from the requirements of Chapter 174, Subdivision of Land.
(6) 
Appeal from the any determination by the Zoning Officer or municipal engineer in the administration or enforcement of the provisions of Chapter 174, Subdivision of Land, where final administrative action is vested in said chapter.
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.
(6) 
Compliance with relevant requirements in Article V of this chapter.
(7) 
Notification of adjoining property owners.
(8) 
Compliance with the provisions of Chapter 174, Subdivision of Land.
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.
[1]
Editor's Note: See 53 P.S. § 10913.2.
[2]
Editor's Note: See 53 P.S. § 10907(1.2).
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.
A. 
Enabling regulation. All hearings shall be held in strict accordance with the procedures contained in Article IX of Act 246, as amended by Acts 66 and 67 of 2000, the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B. 
Applications. All appeals and other applications shall be in writing, in a form prescribed by the Board. Such applications shall contain, at a minimum:
(1) 
The specific ordinance and provision of said ordinance involved.
(a) 
The interpretation that is claimed for any challenges to the validity of said ordinance;
(b) 
The use for which special exception or conditional use is sought; or
(c) 
The details of the variance that is applied for, and the grounds on which it is claimed that the variance shall be granted.
(2) 
All required filing fees as may be established by the Borough Council.
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.
(1) 
The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
(2) 
An order denying a petition for bond shall be interlocutory.
(3) 
An order directing the responding party to post a bond shall be interlocutory.
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.