A Zoning Hearing Board shall be created for the purpose of reviewing
applications for variances or exceptions to this chapter and deciding
whether there is a legitimate reason for granting relief or exception
to a specific provision or provisions of this chapter when requested.
It shall be created and maintained in accordance with applicable provisions
of the Pennsylvania Municipalities Planning Code (Act 247 of 1968),
as amended or subsequently amended,[1] and perform duties, and exercise all powers vested in
it by the provisions of said Act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Appeals may be filed with the Board in writing by any officer
or agency of the municipality or any person aggrieved. Requests for
a variance may be filed with the Board by any landowner or any tenant
with the permission of such landowner.
A.
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 an 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 had no notice, knowledge or reason to believe that such approval
had been given.
B.
The failure of anyone other than the landowner to appeal from an
adverse decision on a tentative or preliminary plan or from an adverse
decision by a Zoning Officer on a challenge to the validity of an
ordinance or map shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative or preliminary approval.
The Board shall conduct hearings and make decisions in accord
with § 908 of the Pennsylvania Municipalities Planning Code,
Act 247 of 1968, as amended.[1]
A.
Public notice. Notice published once each week for two successive
weeks in a newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or less than 14 days from the date
of the hearing.
B.
Notice to appellant. By mailing a notice thereof to the appellant.
C.
Notice to local officials. By mailing a notice to the Borough Council,
Mayor and Planning Commission.
D.
Notice to adjacent property owners and occupants. By mailing a notice
to adjacent property owners and occupants of lots on the same street
within 200 feet of the lot or building in question and to every lot
not on the same street within 100 feet. Failure to send or receive
such notice as required in this subsection shall not invalidate any
action of or by the Board.
E.
Representation at hearings. Upon the hearing, any party may appear
in person or agent or attorney.
F.
Decision upon appeal. Whenever an appeal shall be taken, the Zoning
Hearing Board shall render its decision upon such appeal within 30
days from the date of the hearing on such appeal.
[1]
Editor's Note: See 53 P.S. § 10908.
A.
Termination of permits. If after a permit has been authorized by
the Zoning Hearing Board, such permit is not applied for and not lifted
within a period of six months from the date of authorization, then
such authorization shall be null and void and no permit shall be issued
thereunder.
B.
Modification of a permit. Any permit so issued shall not be modified
except by action of the Board.
A.
Appeals from the Zoning Officer. The Board shall hear and decide
appeals where it is alleged by the appellant that the Zoning Officer
has failed to follow prescribed procedures or has misinterpreted or
misapplied any provision of a valid ordinance or map or any valid
rule or regulation governing the action of the Zoning Officer. Nothing
contained herein shall be construed to deny to the appellant the right
to proceed directly in court, where appropriate, pursuant to Pa.R.Crim.P.
Nos. 1091 to 1098 relating to mandamus.
B.
Challenge to the validity of any ordinance or map. The Board shall hear challenges to the validity of a Zoning Ordinance or map except as indicated in § 550-43 and Subsection (1)(b) of § 1004 of the Pa. Municipalities Planning Code.[1] In all such challenges, the Board shall take evidence
and make a record thereon as provided in § 908 of the Planning
Code.[2] At the conclusion of the hearing, the Board shall decide
all contested questions and shall make findings on all relevant issues
of fact which shall become part of the record on appeal to the court.
C.
Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter inflict unnecessary hardship
upon the applicant. The Board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The
Board may grant a variance, provided the following findings are made
where relevant in a given case:
(1)
That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions peculiar to the particular
property, and that the unnecessary hardship is due to such conditions,
and not the circumstances or conditions generally created by the provisions
of this chapter in the neighborhood or 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 this chapter 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 appellant;
(4)
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; and
(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. In granting any variance, the
Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of this Act and this chapter.
A.
Where the Board has jurisdiction over a zoning matter, the Board
shall also hear all appeals which an applicant may elect to bring
before it with respect to any municipal ordinance or requirement pertaining
to the same development plan or development. In any such case, the
Board shall have no power to pass upon the nonzoning issues, but shall
take evidence and make a record thereon. At the conclusion of the
hearing, the Board shall make findings on all relevant issues of fact
which shall become part of the record on appeal to the court.
B.
Special exceptions. Upon application in accordance with the provisions
of this chapter and the rules of the Board, the Board will determine
the reasonableness and propriety in particular cases of any one of
the following special exceptions to the zoning district regulations
of this chapter. The proposed use shall also conform with all the
provisions for the use in the particular zoning district in which
it is to be located, and all other pertinent provisions of this chapter,
except as wherein prescribed in this article. The Board shall consider,
explain and record its findings and determination in conformity with
the spirit of this chapter and may authorize the issuance of a permit
for the following:
(1)
Special exceptions in off-street parking facility requirements for
the modification of off-street parking facility requirements in any
zoning district, provided:
(a)
The Zoning Hearing Board shall hear and decide such requests
for modifications as provided for in this article.
(b)
Such modification shall be consistent with the purpose and intent
of such requirements.
(c)
It shall be satisfactory to the Zoning Hearing Board that public
or private transportation facilities shall be sufficient to accommodate
the travel needs of those employed on the premises.
(d)
If after the investigation by the Zoning Hearing Board, it shall
be found that such modification shall be necessary to prevent unreasonable
hardship or to secure an appropriate development of a specified parcel
of land which has such peculiar or exceptional geographical or topographical
conditions, or is of a size, shape, dimension, or location that it
cannot be reasonably developed in accordance with the regulations
and provisions of this chapter as herein specified.
(2)
Special exception applications for permits to construct a hotel or
motel in an RM-3 Zoning District shall be reviewed by the Zoning Hearing
Board and are subject to the following:
(a)
Developer shall submit for review and approval by the Zoning
Bearing Board detailed plans, including but not necessarily limited
to the following:
[1]
Boundary survey of the property in question.
[2]
Site plan including layout of structures, ingress, egress, parking,
lighting, landscaping and service areas.
[3]
Architectural plans delineating living units and ancillary facilities
or service areas.
[4]
All proposals and construction of facilities, should approval
be granted, shall be in accord with all applicable local and state
building code requirements.
(b)
Plans shall be prepared in accord with the following development
standards:
[1]
Minimum lot area: 20,000 square feet.
[2]
Minimum lot width: 100 feet.
[3]
Side and rear yards: 10 feet.
[4]
Maximum building height: 35 feet.
[5]
Parking shall be provided off-street and improved in accord with § 550-44A. A minimum of one parking space shall be provided for each hotel/motel living unit.
[6]
Parking areas shall be landscaped and screening provided where abutting property in residential use. See suitable screening § 550-66.
[7]
Area lighting shall be provided in accord with standards of § 550-65, Illumination of buildings.
[8]
Density of units. Permitted number of units shall be calculated
utilizing the floor area ratio and minimum floor area per residential
living unit in the RM-3 District.
(3)
Special exception to permit the conversion of a residential house
into a bed-and-breakfast establishment in the any residential zoning
district shall be reviewed by the Zoning Board and is subject to the
following:
(a)
Interior design standards. To ensure that the integrity of interior
space is maintained so that reconversion to the original residential
use is easily accomplished.
[1]
All rooms shall be part of the primary residential structure
and the number of guest rooms approved shall be increased except as
may be required to meet health, safety and sanitation requirements.
[2]
The bed-and-breakfast shall comply with all applicable health
and safety regulations and must obtain the necessary permits.
(b)
Food preparation. To protect the residential character of the
bed-and-breakfast:
(d)
Exterior design standards. To limit alterations to the exterior
structure and grounds to ensure the residential character of the neighborhood:
[1]
Minimal outward modification of the structure or grounds may
be made, provided such modifications are compatible with the period
of the structure including scale, design, materials, color and texture
and with the character of the area, neighborhood and district.
[2]
Any existing or documented architectural features should be
maintained and any such missing features including cornices, columns,
etc. and windows, porches and stoops may be replaced as they were
originally constructed, provided lot and yard dimensions specified
for the district are not violated.
