A Zoning Hearing Board is established in order that the objectives
of this chapter may be fully and equitably achieved.
Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the Borough Council, taken after the member has received 15 days'
advance notice of the intent to take such a vote. A public hearing
shall be held in connection with the vote if the member shall request
it in writing.
Any person aggrieved by a decision of the Codes Enforcement
Officer shall have the right to appeal to the Zoning Hearing Board
within 30 days of such decision, specifying the grounds thereof, and
including the following:
A. The name and address of the applicant or appellant;
B. The name and address of the owner of the zoning lot to be affected;
C. A brief description and location of the zoning lot to be affected;
D. A statement of the present zoning classification of the zoning lot
in question, the improvements thereon and the present use thereof;
E. A statement of the section of this chapter under which the appeal
is made and reasons why it should be granted; and
F. A description of the present improvements and the additions or changes
intended to be made under this application, indicating the size, material
and general construction thereof. In addition, there shall be attached
a plot plan of the property.
Where unnecessary hardship exists resulting from the strict
interpretation of this chapter, the Board may grant a variance. In
considering any appeal for a variance, the Board shall pursue the
following procedure.
A. Upon appeal from a decision by the Codes Enforcement Officer, the
Board shall hear requests for variances where it is alleged that the
provisions of this chapter inflict unnecessary hardship on the applicant.
The Board shall prescribe the form of application and require preliminary
application to the Codes Enforcement Officer.
B. The Board's decision to grant a permit for a variance shall be made
only after public notice and hearing. Such permit shall apply specifically
to the appeal and plans submitted and presented at said public hearing.
Any subsequent amendments or additions shall be subject to additional
review and public hearing by the Zoning Hearing Board.
C. The Board may thereafter grant a variance authorizing the Codes Enforcement
Officer to issue a zoning permit, provided the following:
(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 created by the provisions
of this chapter;
(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 the variance is
necessary for reasonable use of the property;
(3)
That such unnecessary hardship had not been created by the appellant;
(4)
That the variance, if authorized, will not alter the essential
character of the neighborhood in which the property is located, nor
substantially impair the appropriate use of adjacent property, nor
be detrimental to the public welfare;
(5)
That the variance, if authorized, will represent the minimum
variance which will afford relief and the least modification possible
of the regulation in issue.
D. In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter.
In this chapter, special exceptions may be granted or denied
by the Board pursuant to standards contained elsewhere in this chapter
and general provisions as follows:
A. The Board's decision to grant a permit for special exception use
shall be made only after public notice and hearing.
B. No application for a permit shall be granted by the Zoning Hearing
Board for any special exception use until it has first received and
considered an advisory report from the Planning Commission. The Planning
Commission shall have 30 days from the date of its receipt of the
application within which to file its report. In the event that it
fails to file its report within 30 days, such application shall be
deemed to have been approved by the Commission. The Commission may
have representation at the public hearing held by the Zoning Hearing
Board.
C. The Zoning Hearing Board may authorize the Codes Enforcement Officer
to issue a zoning permit if the use meets all standards and requirements
contained in this chapter and the following provisions:
(1)
It must be consistent with the Borough's community development
objectives.
(2)
It must be compatible with properties in the general area.
(3)
Utility services must be adequate.
(4)
It must provide adequate ingress and egress.
(5)
It must comply with water supply requirements of §
410-33 of Chapter
410, Subdivision and Land Development.
(6)
It must comply with drainage requirements of §
410-34 and steep slope requirements of §
410-35 in Chapter
410, Subdivision and Land Development.
D. In granting a special exception, the Zoning Hearing Board may attach
whatever reasonable conditions and safeguards it deems necessary to
insure that the proposed development will secure the purposes of this
chapter.
E. A special exception expires if the applicant fails to obtain a building
permit or use certificate within six months following the date of
the grant of the special exception or fails to complete the work in
the two years following the issuance of a building permit. In cases
where a permit must be preceded by Borough approval of a subdivision
or land development plan, the special exception expires if:
(1)
The applicant fails to file a preliminary subdivision or land
development plan meeting applicable requirements within six months
following the grant of the special exception; or
(2)
The applicant fails to file a final subdivision or land development
plan within six months following the date of the approval by the Borough
of the preliminary plan; or
(3)
The applicant fails to obtain a building permit or use certificate
within six months following the date of the approval by the Borough
of the final plan; or
(4)
The applicant fails to complete the work within two years of
the issuance of the building permit.
Except for procedural questions regarding the process of enactment
of any ordinance or its amendment or for appeal for a curative amendment,
the Board shall hear all challenges to the validity of this chapter.
Appeals from a decision of the Codes Enforcement Officer and
proceedings to challenge the validity of this chapter may be filed
with the Board, in writing, by any officer or agency of the Borough
or any person aggrieved. Requests for a variance or special exception,
however, must be filed with the Board by an affected landowner or
any authorized agent of such landowner.
The Board shall prescribe rules for the conduct of its meetings.
Meetings shall be held at the call of the Chairman and at such other
times as the Board may specify. Meetings shall be open to the public.
A quorum of two members shall be required for the Board to take action.
Any person aggrieved by any decision of the Zoning Hearing Board
may, within 30 days after such decision, appeal to the Court of Common
Pleas of Lycoming County, Pennsylvania, by petition duly verified,
setting forth that such decision is arbitrary, capricious, an abuse
of discretion or otherwise not in accordance with law and specify
the grounds on which he relies.