A.
The Council shall by resolution establish a schedule of fees and
shall post said schedule conspicuously in the Borough Building.
B.
No permit, certificate, application or variance shall be issued unless
or until such costs, charges, fees or expenses as established by such
resolution have been paid in full; nor shall any action be taken by
the Council and/or Zoning Hearing Board take action unless or until
preliminary charges and fees have been paid in full.
C.
A zoning certificate shall be required prior to the establishment,
change or alteration of any use, or the construction, enlargement,
expansion or alteration of any structure. A building permit may also
be required under the Borough of Oakmont Code relating to building
codes/construction.
A.
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit an application for a special exception to the Zoning Hearing Board. The Zoning Hearing Board shall require the information outlined in § 205-1703, Special exception procedures of approval, to process the application.
B.
The Zoning Hearing Board may hold any meeting(s) and/or hearing(s)
necessary in its discretion to elicit information or argument pertinent
to the request for accommodation.
C.
The Zoning Hearing Board's decision shall be in writing.
D.
The Zoning Hearing Board shall issue its written decision to the
applicant and the Council within 30 days of filing of the request
for accommodation or at the next regularly scheduled Zoning Hearing
Board meeting, whichever is the later of the two.
E.
A request for reasonable accommodation should be directed to the
Zoning Hearing Board. In considering a request for reasonable accommodation,
the Zoning Hearing Board shall, with the advice of the appointed legal
counsel, apply the following criteria:
(1)
Whether the applicant is handicapped or disabled within the
meaning of the Federal Fair Housing Act Amendments or the Americans
with Disabilities Act.
(2)
The degree to which the accommodation sought is related to the
handicap or disability of the applicant.
(3)
A description of hardship, if any, that the applicant will incur
absent provisions of the reasonable accommodation requested.
(4)
The extent to which the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling in question.
(5)
The extent to which the proposed accommodation may impact other
landowners in the immediate vicinity.
(6)
The extent to which the proposed accommodation may be consistent
with or contrary to the zoning purposes promoted by the Borough Comprehensive
Plan, and the community development objectives set forth in the Zoning
Ordinance.
(7)
The extent to which the requested accommodation would impose
financial and administrative burdens upon the Borough.
(8)
The extent to which the requested accommodation would impose
an undue hardship upon the Borough.
(9)
The extent to which the accommodation would require a fundamental
alteration in the nature of the Borough's regulatory policies, objectives
and regulations.
(10)
The extent to which the requested accommodation would result
in a subsidy, privilege, or benefit not available to nonhandicapped
or nondisabled persons.
(11)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated or discontinued
when they are no longer needed to provide handicapped or disabled
persons equal opportunity to use and enjoy the dwelling in question.
(12)
The extent to which the requested accommodation will increase
the value of the lot during and after its occupancy by the applicant.
B.
Requests for reasonable accommodation. The applicant shall provide
the following:
(1)
Specific citation of the Zoning Ordinance provision from which
reasonable accommodation is requested.
(2)
The specific description of the reasonable accommodation sought
and the particulars, including exact admonitions of any proposed structural
or location-based accommodation.
(3)
The condition of the applicant for which reasonable accommodation
is sought.
(4)
A description of the hardship that the applicant will incur
absent provision of the reasonable accommodation requested.
(5)
A description of any alternative methods of relieving the claimed
hardship that have been considered and the reason why the applicant
has rejected such alternatives.
(6)
A statement describing why the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling in question.
(7)
A description of the manner in which the accommodation, if granted,
will be terminated or removed if said accommodation is no long applicable.
(8)
A statement of any facts indicating whether or not nonhandicapped
or nondisabled persons would be permitted to utilize the lot(s) in
question in a manner similar sought by the applicant.
C.
A written application for special exception shall be submitted in
accordance with the application requirements and associated application
process defined by the Borough.
D.
Conditions and safeguards.
(1)
In considering an application for approval of a use by special
exception, the Zoning Hearing Board may prescribe appropriate conditions
and safeguards in conformity with the spirit and intent of this chapter.
A violation of such conditions and safeguards, when made part of the
terms and conditions under which approval of a use by special exception
is granted, shall be deemed a violation of this chapter.
E.
Expiration of approval of use by special exception.
(1)
Approval of a use by special exception shall expire automatically
without written notice to the applicant if an application for a building
permit or zoning certificate to undertake the construction for the
authorized occupancy described in the application for approval of
the use by special exception is not submitted within 12 months of
said approval.
F.
The Zoning Hearing Board, in their sole discretion, may grant an
extension of the special exception upon receipt of a written request
by the applicant prior to the expiration date of approval. Only a
one-time twelve-month extension may be granted.
G.
Expiration of approval of use by special exception granted prior
to effective date of this chapter. Approval of a use by special exception
granted prior to the effective date of this chapter shall expire automatically
without written notice to the applicant if an application for a grading
permit, building permit or zoning certificate to undertake the construction
or authorize the occupancy described in the application for approval
of the use by special exception is not received within 12 months of
the effective date of this chapter or as specified in the approval.
A.
The Council shall hear and decide requests for conditional uses within
the time periods and according to the procedures set forth in the
Pennsylvania Municipalities Planning Code § 913.2.[1] Where the application is contested or denied, each decision
shall be accompanied by findings of fact or conclusions based thereon,
together with any reasons therefor. Conclusions based on any provisions
of this chapter or any other ordinance shall contain a reference to
the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found.
[1]
Editor's Note: See 53 P.S. § 10913.2.
B.
A written application for conditional use shall be submitted in accordance
with the application requirements and associated application process
defined by the Borough.
(1)
Where the Council fails to render the decision within the period
required by this subsection or fails to commence, conduct or complete
the required hearing as provided in § 908(1.2) of the Pennsylvania
Municipalities Planning Code,[2] 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. When a decision has been
rendered in favor of the applicant because of failure of the Council
to meet or render a decision as hereinabove provided, the 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 this act. If the Council shall
fail to provide such notice, the applicant may do so.
[2]
Editor's Note: See 53 P.S. § 10908(1.2).
(2)
Nothing in this subsection shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction. A copy of the final decision or, where no
decision is called for, the findings shall be delivered to the applicant
personally or mailed to him no later than the day following its date.
(3)
In granting a conditional use, the Council may attach such reasonable
conditions and safeguards in addition to those expressed in this chapter,
as necessary to implement the purposes of the MPC and this chapter.
(4)
Council shall review a conditional use application and may approve,
deny or attach additional conditions, in order to protect the public's
health, safety and welfare. In making its decision, Council shall
consider the Planning Commission's recommendation, all information
and the application submitted by the applicant and any relevant Borough
ordinances.
C.
Expiration of conditional use approval. Conditional use approval
shall expire automatically without written notice to the applicant
if no application for a grading permit, building permit or occupancy
permit to undertake the construction or authorize the occupancy described
in the application for conditional use approval is submitted within
12 months of said approval. The Council may extend conditional use
approval upon written request of the applicant received prior to its
expiration. The maximum extension permitted shall be one twelve-month
extension.
D.
Expiration of conditional use approval granted prior to effective
date of this chapter. Conditional use approval granted prior to the
effective date of this chapter shall expire automatically without
written notice to the applicant if no application for a grading permit,
building permit or occupancy permit to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of the effective date of
this chapter or as specified in the approval. The Council may extend
conditional use approval upon written request of the applicant received
prior to its expiration. The maximum extension permitted shall be
one twelve-month extension.
A.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of the Zoning Ordinance inflict
unnecessary hardship upon the applicant. The Zoning Hearing Board
may by rule prescribe the form of application and may require preliminary
application to the Zoning Officer. The Zoning Hearing Board may grant
a variance, provided that all of 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 the zoning ordinance 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 the zoning 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 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.
(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.
B.
A variance from the terms of this chapter shall not be granted by
the Zoning Hearing Board unless and until:
(1)
A written application for the variance is submitted.
(2)
The required fees are paid.
(3)
Public notice by advertising shall be given at least two weeks
in advance of the hearing. The owner of the property for which the
variance is sought or his agent shall be notified by mail.
(4)
The hearing shall be held. Any party may appear in person, or
by agent or by attorney.
(5)
The Zoning Hearing Board shall make findings that the requirements
of this section have been met by the applicant for the variance.
(6)
The Zoning Hearing Board shall further make a finding that the
reasons set forth in the application justify the granting of the variance,
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building or structure.
(7)
Zoning Hearing Board shall further make a finding that the granting
of the variance will be in harmony with the general purpose and intent
of this chapter and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
C.
In granting any variance, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and such safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and subject to Article XX, Enforcement remedies.
D.
Under no circumstances shall the Zoning Hearing Board grant a variance
to allow a use not permissible under the terms of this chapter in
the district involved, or any use expressly or by implication prohibited
by the terms of this chapter in said district.
