The purposes of this article are to list and describe the powers, procedures, and standards for the Zoning Hearing Board, as required by the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Borough of Parkside shall be appointed by the Borough Council and shall be authorized to administer all procedures charged to such Boards in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this article, the term "Board" shall refer to the Zoning Hearing Board, and the term "Planning Code" shall refer to the Pennsylvania Municipalities Planning Code, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Membership of the Board. The Board shall consist of three residents of the Borough and two alternates, also Borough residents. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Borough of any vacancies. Appointment to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in the Borough. Included in this statement are part-time officials and consultants.
C. 
Removal of members. Any member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority rule of Borough Council taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member requests it in writing. See also Section 905 of the Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10905.
D. 
Organization of the Board.
(1) 
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than the majority of all members of the Board, but where a majority of members are disqualified to act in a particular matter, the remaining members may act for the Board. As provided for in the Planning Code, the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board, as provided in Section 908 of the Planning Code.[3] See also Section 906 of the Planning Code[4] for further information on the organization of the Board.
[3]
Editor's Note: See 53 P.S. § 10908.
[4]
Editor's Note: See 53 P.S. § 10906.
(2) 
The Board shall adopt rules and forms for its procedure in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman or, in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(3) 
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the Department of Code Enforcement and shall be a public record.
(4) 
The Board shall submit a report of its activities to Borough Council as requested.
E. 
Expenditures for services. Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the 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 members of the Borough Council. See also Section 907 of the Planning Code.[5]
[5]
Editor's Note: See 53 P.S. § 10907.
A. 
Appeals from the Code Official. The Board shall hear and decide appeals where it is alleged that the Borough Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or the Zoning Map, or any valid rule or regulation governing the action of the Zoning Officer.
B. 
Applications. Applications for variances or special exceptions shall include as a minimum the following information:
(1) 
A sketch plan, at scale, showing the layout of the property, the proposed improvements and alterations thereto and the relationship of the tract to adjacent properties.
(2) 
A reference to the section(s) of the ordinance under which the variance or special exception is requested.
(3) 
Other information items as required by the Department of Code Enforcement.
(4) 
Proof of deed/ownership.
C. 
Application fees. Whenever a person, business, corporation, and/or company applies to the Zoning Hearing Board for a variance, a special exception, or any other relief within the jurisdiction of the Board, as defined in the Planning Code, the following schedule of fees set forth in Section 208.05(d) of the Administration Code shall apply:
(1) 
When the property involved is located in a residential zone and is not larger than a 1/2 acre, a payment of expenses of $500 shall be made by the applicant upon filing of the application. Said amount shall be used for the purpose of paying expenses associated with processing the application.
(2) 
When the property involved in the application is in a nonresidential zone and the application involves an addition to an existing structure, the applicant shall make a prepayment of expenses of $750. Said payment shall compensate for expenses associated with processing the application.
(3) 
When an application is made involving either residential or defined in the Planning Code, or such other relief as is within the jurisdiction of the Board under such Code, including any request to expand a nonconforming uses, the applicant shall make a prepayment of expenses of $1,000. Said payment shall be for the expenses associated with processing the application.
(4) 
The expenses referred to in the above-referenced subsections hereof include, but are not limited to, 1/2 of the cost of the Court Reporter's appearance fee and the full cost of the Notes of Testimony of the hearing if the applicant wants a copy, notice and advertising costs, compensation for the secretary and members of the Zoning Hearing Board, and such other reasonable and necessary costs involved in the application as are incurred by the Borough. The rental fee for the use of municipal facilities for zoning hearings shall be $75 per hearing, which amount shall be taken from the hearing application fee. The failure of the applicant to deposit the fees prescribed hereof shall constitute a failure on the part of the applicant to submit a completed application to the Borough. Upon such failure to pay such fees, the Borough shall promptly reject such application and give its reasons therefor, in writing, to the applicant.
D. 
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. In granting a variance the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Special exceptions. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth in § 182-158 below. The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this chapter. Regulations for specific special exceptions shall also be met and are located in Article XV of this chapter. See also Section 912.1 of the Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10912.1.
F. 
Challenges to the validity of ordinance or map. The Board shall conduct hearings and make decisions and findings in connection with challenges to the validity of any provision of this chapter as authorized by Section 909.1 and/or 916.1 of the Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10909.1 and/or 10916.1.
The Board shall conduct hearings and make decisions in accordance with the provisions of Section 908 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
A. 
Notice of hearing. In any case where the Board shall hold a public hearing, the Board shall, at a minimum, give notice of such hearing as follows (See also Section 908 of the Planning Code.[1]):
(1) 
Notice shall at a minimum state the time and the place of the hearing and the particular nature of the matter to be considered at the hearing.
(2) 
By publishing a notice thereof once each week for two successive weeks in a newspaper of general circulation in the Borough, provided that the first publication shall be not more than 30 days and the second publication not less than seven days from the date of the hearing.
(3) 
By mailing or delivering due notice thereof to the applicant and other parties in interest, who shall be at least those persons whose properties adjoin the property in question or are within a two-hundred-foot radius of the property in question.
(4) 
By mailing or delivering notice thereof to Borough Council, the Borough Manager and the Zoning Officer.
(5) 
By conspicuously posting notice of said hearing on the affected tract of land at least one week prior to the hearing.
[1]
Editor's Note: See 53 P.S. § 10908.
Decision of the Board shall include the following elements:
A. 
Findings of fact, including a brief summary of relevant testimony and information entered during the proceedings of the Board.
B. 
Citation by quotation or by reference to the specific sections of the local ordinances and/or the Planning Code[1] which are relevant to the case in question.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Conclusions of the Board, enumerating the reasons why such conclusions are deemed appropriate in light of the facts found.
D. 
Ruling of the Board, indicating in writing any stipulations or conditions attached to the ruling.
In any instance where the Zoning Hearing Board is required to consider a variance or special exception, the Board shall, among other things, consider the following standards:
A. 
Planning Code criteria for variances.
(1) 
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant.
(2) 
A variance from the terms of this chapter shall not be granted by the Board unless and until a written application for a variance is submitted by the applicant. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(a) 
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 to the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(b) 
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 the variance is therefore necessary to enable the reasonable use of the property.
(c) 
That such unnecessary hardship has not been created by the applicant.
(d) 
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.
(e) 
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.
(3) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and this chapter.
B. 
Standards for review of special exceptions.
(1) 
In any instance where the Board is required to consider a request for a special exception, the Board shall consider the following factors where appropriate:
(a) 
That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility, and availability of public services and that adequate provisions will be made to protect sensitive environmental features such as streams, lakes, wetlands, slopes, and mature trees.
(b) 
That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties, and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any adverse impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading, and signage.
(c) 
That the proposed special exception will serve the best interest of the Borough, the convenience of the community and the public health, safety, and welfare.
(d) 
That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
(e) 
That the proposed use is suitable in terms of its effect on highway safety and traffic circulation and that access, on-site circulation, and parking are adequate in view of anticipated traffic.
(f) 
That the proposed use will provide for adequate off-street parking, as required in Article XII.
(2) 
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in § 182-117 shall apply.
(3) 
Financial hardship shall not be construed as a basis for granting special exceptions.
(4) 
In granting any special exception, the Board may attach reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the Planning Code[1] and the ordinance, which conditions and safeguards may relate to, but not be limited to, screening, lighting, noise, safety, aesthetics, and the minimization of noxious, offensive, or hazardous elements. Such special exception shall be clearly authorized by a provision in this chapter and shall, where applicable, comply with the more specific standards relating to such special exception contained in relevant sections of Article XV.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Variances. An applicant for a variance shall have the burden of establishing both:
(1) 
That a literal enforcement of the provisions of this chapter will result in unnecessary hardship, as that term is defined by law, including court decisions.
(2) 
That the allowance of the variance will not be contrary to the public interest.
B. 
Special exceptions.
(1) 
That the application falls within the provisions of this chapter which affords to the applicant the right to seek a special exception.
(2) 
That the allowance of a special exception will not be contrary to the public interest.
C. 
Evaluation of the impact of an application on the public interest. In determining whether the allowance of a special exception or variance is contrary to the public interest, the Board shall consider whether the application, if granted, will:
(1) 
Adversely affect the public health, safety, and welfare due to changes in traffic conditions, drainage, air quality, noise levels, neighborhood property values, natural features, and neighborhood aesthetic characteristics.
(2) 
Provide required parking in accordance with Article XII of this chapter.
(3) 
Adversely affect the logical, efficient, and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police, fire protection, and public schools.
(4) 
Otherwise adversely affect the public health, safety, or welfare.
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to apply for a building permit within six months from the date of authorization thereof.
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. 
If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
C. 
The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan pursuant to Section 916.2 of the State Planning Code (MPC)[1] or from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Section 916.2 of the MPC shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
[1]
Editor's Note: See 53 P.S. § 10916.2.
D. 
All appeals from determinations adverse to landowners shall be filed by the landowner within 30 days after notice of the determination is issued.
E. 
Stays or proceeding, upon the filing of an appeal or other challenge to a decision the Zoning Hearing Board, Zoning Officer or other agency or body of the municipality shall be governed by the provisions of Section 915.1 of the State Planning Code (MPC).[2]
[2]
Editor's Note: See 53 P.S. § 10915.1.
See Article X-a of the Planning Code.