Within the limits of funds appropriated by the Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council. Alternate members of the Board may receive compensation, as may be fixed by the Borough Council, for the performance of their duties when designated as alternate members pursuant to §
320-103, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Borough Council.
[Amended 4-3-2012 by Ord.
No. 365]
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the provisions of the MPC.
A. Referral to Adamstown Borough Planning Commission. Applications before
the Zoning Hearing Board shall be referred to the Adamstown Borough
Planning Commission at least 30 days prior to the hearing on such
application, to provide the Planning Commission an opportunity to
submit recommendations.
B. Planning Commission review. Within 30 days of the Borough Planning
Commission's receipt of an application, the Borough Planning Commission
shall review said application together with all supporting information
and forward its written recommendations to the Zoning Hearing Board.
In its review, the Planning Commission shall take into consideration
the public health, safety and welfare, the comfort and convenience
of the public in general and of the residents of the immediate neighborhood
in particular, and may recommend appropriate conditions and safeguards
as may be required in order that the result of its action may, to
the maximum extent possible, further the expressed intent of this
chapter and the Borough's Comprehensive Plan. The Commission may recommend
approval, disapproval or modification. In the case of disapproval
or modification, the Commission shall set forth the reasons for the
recommendation in writing, and a representative of the Planning Commission
shall attend the Zoning Hearing to present the position of the Planning
Commission.
The Zoning Hearing Board shall hear and decide requests for
special exceptions in accordance with the standards and criteria set
forth in this chapter. In granting a special exception, the Zoning
Hearing Board may attach such reasonable conditions and safeguards,
in addition to those expressed in this chapter, as it may deem necessary
to implement the purposes of this chapter and of the Pennsylvania
Municipalities Planning Code.
The Borough Council shall hear and decide petitions for conditional
uses specifically authorized in this chapter. Decisions to grant or
deny the petition shall be subject to the following.
A. General criteria.
(1)
The proposed use shall be consistent with the purpose and intent
of the chapter and shall be a use specifically permitted as a conditional
use;
(2)
The proposed use shall comply with those criteria specifically listed in Article
VII of this chapter. In addition, the proposed use must comply with all other applicable regulations of the chapter.
(3)
Conditional use applications for uses in the Mixed Use (MU) District shall also be subject to the requirements of §
320-19D of this chapter.
B. Conditional use application. A conditional use application must include all the plan requirements listed in §
320-57 of this chapter.
C. Conditions. The Borough Council in approving conditional use applications
may attach reasonable conditions considered necessary to protect the
public welfare and the purposes listed above, including conditions
which are more restrictive than those established for other uses in
the same zone. These conditions shall be enforceable by the Zoning
Officer and failure to comply with such conditions shall constitute
a violation of this chapter and be subject to the penalties described
in this chapter.
D. Hearing procedures. Hearings shall be conducted in accordance with
the requirements of the MPC.
Appeals may be filed in accordance with the procedures defined
in the MPC.