[Ord. 206, 4/15/1957, § 32; as amended by Ord.
391, 10/5/1982, § 1]
A Zoning Hearing Board is hereby established. The membership
of the Board shall consist of five residents of the Borough of Liberty
appointed by the Council of the Borough of Liberty. The terms of office
of each member shall be three years and shall be so fixed that the
term of office of no more than two members of the Board shall expire
each year.
[Ord. 206, 4/15/1957, § 33]
The functions of the Board shall be (1) to review determinations
made by the Administrator and to interpret the provisions of the chapter
where there is doubt of its meaning or application; (2) to make variances
in application of the regulations in cases of practical difficulty
and unnecessary hardship; and (3) to pass upon special exceptions
in proper cases under direct application to the Board.
[Ord. 206, 4/15/1957, § 34]
1.
The Board shall have all the powers and duties prescribed by the
Act of Legislature of Pennsylvania Authorizing the Zoning of Boroughs
and those prescribed by this chapter, which powers and duties are
summarized and more particularly specified as follows; provided, that
none of the following provisions shall be deemed to limit any power
of the Board which is conferred by the aforesaid Act of Legislature;
however, the powers of the Board shall be narrowly interpreted and
strictly construed so that the spirit of this chapter is not violated.
2.
Review and Interpretation. Upon appeal from a decision of the Administrator
(Building Inspector) in accordance with the provisions of this chapter
and the rules of procedure of the Board, the Board shall:
A.
Review any official action of the Administrator relating to the enforcement
of this chapter, and may reverse or affirm wholly or partly, or may
modify any order, requirement, decision or determination appealed
from as in its opinion ought to be made in the premises, in accordance
with the purpose and intent of this chapter.
B.
With the advice of the Borough Solicitor, interpret the provisions
of this chapter, where there is doubt as to its meaning or application.
C.
After requesting a recommendation from the Zoning Commission in each
instance, interpret the application of this chapter, where the actual
street layout varies from the street layout shown on the Zoning District
Map, in such a way as to carry out the intent and purpose of the map.
3.
Variances.
A.
Upon appeal from a decision of the Administrator in accordance with
the provisions of this chapter and the rules of procedure of the Board,
the Board shall have the power to vary or adjust the strict application
of the requirements of this chapter for only a use permitted in the
district where the lot is located, in the case of an exceptionally
irregular, narrow, shallow, or steep lot or other exceptional physical
condition not provided for in the district regulations or as a special
exception, as a result of which strict application would result in
practical difficulty or unnecessary hardship that would deprive the
owner of the reasonable use of the land or structures involved, but
in no other case. No variance in the strict application of any provisions
of this chapter shall be granted by the Board unless it finds:
(1)
That there are special circumstances or conditions, fully described
in the findings of the Board, applying to the land or structure for
which the variance is sought, which circumstances or conditions:
(a)
Are peculiar to such land or structure and do not apply generally
to land or structures in the neighborhood, and have not resulted from
any act of the appellant or his adoption of this chapter, whether
in violation of the provisions hereof or not.
(b)
Are such that strict application of the provisions of this chapter
would deprive the appellant of the reasonable use of such land or
structure.
B.
In granting any variance, the Board may prescribe any conditions
applying thereto that it deems to be necessary or desirable, provided
such conditions shall not be construed as altering the situation that
must be found to exist before a variance may be granted, as set forth
in Subsection 3A above.
C.
Every decision of the Board shall be based on stated findings of
fact and every finding of fact shall be supported in the record of
the hearing. The enumerated conditions required to exist for the authorization
of a variance shall be construed as limitations on the power of the
Board to act. A mere finding or recitation of the enumerated conditions,
unaccompanied by findings of specific fact shall not be deemed findings
of fact and shall not be deemed compliance with this chapter.
[Ord. 206, 4/15/1957, § 35; as amended by Ord.
395-1, 4/5/1983, §§ 1 to 4; and by A.O.]
1.
The Board shall adopt rules of procedure which shall incorporate
the following provisions specifically enumerated. The Chairman, or
in his absence the acting Chairman, may administer oaths and compel
attendance of witnesses. Meetings of the Board, which shall be open
to the people at large, shall be regularly scheduled with intervals
not less than three months. Minutes of the Board's proceedings
shall be kept by the Secretary, and shall show the vote of each member
upon each question, or a member's absence or failure to vote.
Records shall be kept of examinations and other official actions,
all of which shall be filed in the office of the Board as a public
record.
2.
Appeals. Appeals from the decision of the Administrator shall be
made within 30 days to the Board by any aggrieved person or the head
of any department of the Borough interested in the question involved.
The appellant shall file with the Administrator and with the Board,
a notice of appeal specifying the grounds thereof. The Administrator
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
3.
Applications. Application for the authorization of any special exception
shall be filed with the Board on forms provided therefor. The application
shall submit copies of the plans and specifications as prescribed
for the application for an occupancy permit and other data or material
stating the methods by which he will comply for the proposed special
exception.
4.
Public Hearings. No appeal for review of an action of the Administrator,
or for a variance from the strict application of the requirements
of the chapter, and no application for a special exception shall be
adjudicated by the Board unless and until a public hearing thereof
has been held. Notice of the time and place of the public hearing
shall also state the location and general nature of the question involved,
and shall be given not less than 30 days prior to the date of such
hearing by the following methods:
A.
By the display of not less than one poster on each street frontage
of the affected site.
B.
By mailing a notice thereof to the owners, (at their addresses) of
all property within 150 feet of the affected site.
C.
By mailing a notice thereof to the official Clerk or secretary of
any other political subdivision that is within 150 feet of the affected
site.
5.
Fees, in the amount as established, from time to time by resolution
of Borough Council.
6.
The Zoning Officer shall be paid all of the above-mentioned fee for
processing each application for building permit and/or certificate
of occupancy, except for the sum in an amount as established, from
time to time, by resolution of Borough Council, which shall be paid
to the Borough of Liberty.
7.
No applicant for a building permit and/or certificate of occupancy
shall be considered until an application, properly completed and signed
by the applicant and accompanied by cash, check or money order in
the required sum as set forth above, shall have been filed with the
Zoning Officer.
8.
The purpose and intent of this section is to provide funds to reimburse
the Borough of Liberty for all expenses and charges incurred by said
Borough of Liberty in connection with processing of said applications.
