[Ord. 294, 11/26/2007, § 27-1201]
A Zoning Hearing Board is established under the Act, 53 P.S.
§ 10101 et seq.
[Ord. 294, 11/26/2007, § 27-1202]
1.
The membership of the Dublin Zoning Hearing Board shall consist of
five residents of the Borough appointed by Borough Council. The terms
of office shall be five years. Members of the Board shall hold no
other office in the Borough. The terms shall be fixed so that the
term of office of one member shall expire every year.
2.
Alternate Members.
A.
The Borough Council may appoint by resolution at least one, but no
more than three, residents of the Borough to serve as alternate members
of the Board. The term of office of an alternate member shall be three
years.
B.
Alternate members shall hold no other office in the Borough. Any
alternate member may participate in any proceeding or discussion of
the Board but shall not be entitled to vote as a member of the Board
nor receive any compensation (if compensation exists) unless designated
as a voting alternate member.
C.
If, by reason of absence or disqualification of a Board member, a
quorum is not reached the Chairman of the Board shall designate as
many alternate members of the Board to sit on the Board as may be
needed to provide a quorum. Any alternate member of the Board shall
continue to serve on the Board in all proceedings involving the matter
or case for which the alternate member was initially appointed until
the Board has made a final determination of the matter or case. Designation
of an alternate member shall be made on a case by case basis in rotation
according to declining seniority among all alternates.
[Ord. 294, 11/26/2007, § 27-1203]
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 which appointed the member, 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 shall request it in writing.
[Ord. 294, 11/26/2007, § 27-1204]
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 a majority of all the members of the Board, but 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 § 908 of the Act, 53 P.S. § 10908.
2.
If, by reason of absence or disqualification of a member, a quorum
is not reached the Chairman of the Board shall designate as many alternate
members of the Board to sit on the Board as may be needed to provide
a quorum. Any alternate member of the Board shall continue to serve
on the Board in all proceedings involving the matter or case for which
the alternate was initially appointed until the Board has made a final
determination of the matter or case. Designation of an alternate shall
be made on a case by case basis in rotation according to declining
seniority among all alternates.
3.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Borough and laws of the commonwealth.
The Board shall keep full public records of its business, which records
shall be the property of the Borough and shall submit a report of
its activities to the Borough as requested by the Borough.
4.
Expenditures for Services. Within the limits of funds appropriated by Dublin Borough, 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 Dublin Borough, but in no case shall it exceed the rate of compensation authorized to be paid to the members of Dublin Borough Council. Alternate members of the Board may receive compensation, as may be fixed by Dublin Borough, for the performance of their duties when designated as alternate members pursuant to § 27-1202, Subsection 1, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Dublin Borough Zoning Hearing Board.
[Ord. 294, 11/26/2007, § 27-1205]
1.
Upon appeal from a decision by the Zoning Officer, the Zoning Hearing
Board shall decide any questions:
A.
Involving the interpretation of any provisions of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
B.
Where it is alleged there is error in any order, requirement, decision,
or determination including any order requiring an alleged violation
to stop, cease and desist, made by the Zoning Officer in the enforcement
of this chapter.
C.
An appeal of the decision of the Zoning Officer will not act as a
stay of a cease and desist order.
[Ord. 294, 11/26/2007, § 27-1206]
1.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
applicant. The Board may, by rule, prescribe the form of application
and may require preliminary application to the Zoning Officer. 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 of 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 this chapter 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 this chapter, and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C.
That such unnecessary hardship has not been created by the appellant.
D.
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
not 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.
2.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of the Act, 53 P.S. § 10101 et seq., and this chapter.
[Ord. 294, 11/26/2007, § 27-1207]
1.
Functions. Where this chapter states special exceptions to be granted
or denied by the Board pursuant to express standards and criteria,
the Board shall hear and decide requests for such special exceptions
in accordance with such standards and criteria. In granting a special
exception, the 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 the Act, 53 P.S. § 10101 et
seq., and this chapter.
2.
Conditions and Standards. In granting a special exception, the Zoning
Hearing Board shall make findings of fact consistent with the provisions
of this chapter. The Board shall not approve a special exception except
in conformance with the conditions and standards outlined in this
chapter.
3.
General Requirements and Standards Applicable to All Special Exceptions.
The Board shall grant a special exception only if it finds adequate
evidence presented by the applicant that the proposed special exception
is duly authorized under provisions of this chapter, that the application
falls within the terms of the specific provisions allowing for special
exceptions, and that the proposed use complies with all other requirements
of this chapter. The Zoning Hearing Board shall refuse an application
for special exception where opponents to the application establish
by a preponderance of evidence that the application is contrary to
the health, safety, and morals or general welfare of the community
at large. The Zoning Hearing Board, in granting a special exception,
may attach such reasonable conditions and safeguards as it may deem
necessary to implement the purpose of this chapter. The Board shall,
among other things, require that any proposed use and location be:
A.
In accordance with the Dublin Borough Comprehensive Plan and consistent
with the spirit, purposes and the intent of this chapter.
B.
In the best interests of the Borough, the convenience of the community,
the public welfare, and be a substantial improvement to the property
in the immediate vicinity.
C.
Suitable for the property in question, and designed, constructed,
operated, and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity.
D.
In conformance with applicable requirements of this chapter.
E.
Suitable in terms of effects on highway traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazard.
F.
In accordance with sound standards of subdivision and land development
practice where applicable.
4.
The Zoning Hearing Board may impose whatever conditions regarding
layout, circulation, and performance it deems necessary to ensure
that any proposed development will secure substantially the objectives
of this chapter.
5.
Applicability of Special Exceptions. The Zoning Hearing Board shall
have the power to approve special exceptions when this chapter specifically
requires the obtaining of such approval and for no other purpose.
6.
General Conditions for Special Exceptions. In granting a special
exception, the Zoning Hearing Board shall make findings of fact consistent
with the provisions of this chapter. The Zoning Hearing Board, in
approving a special exception, 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.
A.
The Zoning Hearing Board shall grant a special exception only if
it finds adequate evidence that any proposed development submitted
will meet all of the following general requirements, as well as any
specific requirements and standards listed herein for the proposed
use. The Zoning Hearing Board shall, among other things, require that
any proposed use and location be:
(1)
In accordance with the Dublin Borough Comprehensive Plan.
(2)
In the best interests of Dublin Borough, the convenience of
the community, the public welfare and be a substantial improvement
to the property in the immediate vicinity.
(3)
Suitable for the property in question, and designed, constructed,
operated and maintained so as to be in harmony with the appropriate
in appearance, to the existing or intended character of the general
vicinity.
(4)
In conformance with all applicable requirements of this chapter
and all Borough ordinances.
(5)
Suitable in terms of effect on highway traffic and safety with
adequate access arrangements to protect streets from undue congestion
and hazard.
(6)
In accordance with sound standards of subdivision and land development
practice where applicable.
B.
The Zoning Hearing Board shall request an advisory opinion from the
Planning Commission on any application for a special exception; the
Planning Commission is to submit a report of such advisory opinion
prior to the date of the public hearing held by the Zoning Hearing
Board on an application. The Planning Commission may request a report
from the Borough Engineer.
7.
Application Requirements for Special Exceptions. Special exception
applications shall be governed by the following:
A.
The landowner shall make a written request to the Zoning Hearing
Board that it hold a hearing on his application. The request shall
contain a statement reasonably informing the Zoning Hearing Board
of the matters that are in issue.
B.
The application shall be accompanied by plans and other material
describing the use or development proposed. Such plan and other materials
shall provide a sufficient basis for evaluating the applicant's
request. Information required by this chapter shall accompany the
application.
C.
The Zoning Hearing Board shall hold a hearing upon the request, commencing
not later than 60 days after the request is filed, unless the applicant
requests or consents in writing to an extension of time.
8.
Review Procedures for Special Exceptions. The Zoning Hearing Board
shall conduct hearings and make decisions in accordance with the following:
A.
The parties to the hearing shall be Dublin Borough, any persons affected
by the applicant who have made timely appearance of record, and any
other persons, including representatives of civic or community organizations
permitted to appear by the Zoning Hearing Board. The Zoning Hearing
Board may require that all persons who wish to be considered parties
enter appearances in writing on forms provided for that purpose.
B.
The Chairman or Acting Chairman shall have the power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
the production of relevant documents and papers, including witnesses
and documents and papers, including witnesses and documents requested
by the parties.
C.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
D.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
E.
A stenographic record and transcript of the proceedings shall be
kept, and copies of graphic or written material received in evidence
shall be made available to any party, at cost.
F.
The Zoning Hearing Board shall not communicate, directly or indirectly,
with any party or his representative in connection with any issue
involved except upon notice and where all parties have opportunity
to participate. The Zoning Hearing Board shall not take notice of
any communication, report, staff memoranda or other materials unless
the parties are afforded an opportunity to contest the material so
noticed, and shall not inspect the site or its surroundings after
the commencement of hearing with any party unless all parties are
given an opportunity to be present.
G.
The Zoning Hearing Board shall render a written decision on the application
within 45 days after the last hearing before the Zoning Hearing Board.
Conclusions based on the provision of any Act of the commonwealth
or ordinance, rule or regulation shall contain a reference to the
provisions relied upon and the reasons why the conclusion is deemed
appropriate in light of the facts found. Where the Zoning Hearing
Board fails to render its decision within 45 days, the decision shall
be deemed to have been rendered in favor of the applicant, unless
the applicant has agreed in writing to an extension of time.
H.
A copy of the final decision of the findings shall be delivered to
the applicant personally or mailed to him via certified or registered
letter no later than the day following its date. To all other persons
who have filed their name and address with the Board, prior to the
close of the hearing, the Boards shall mail a brief notice of the
decision or findings and a notice of the place where they may examine
the full decision or findings.
[Ord. 294, 11/26/2007, § 27-1208]
1.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as shall be
designated by ordinance and to any person who has made timely request
for the same. Written notices shall be given at such time and in such
manner as shall be prescribed by ordinance or, in the absence of ordinance
provisions, by rules of the Board. In addition to the written notice
provided herein, written notice of said hearing shall be conspicuously
posted on the affected tract of land at least one week prior to the
hearing.
A.
Dublin Borough may prescribe reasonable fees by resolution with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the Secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
B.
The first hearing before the Board or hearing officer shall be commenced
within 60 days from the date of receipt of the applicants application,
unless the applicant has agreed in writing to an extension of time.
Each subsequent hearing before the Board or hearing officer shall
be held within 45 days of the prior hearing, unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board or
hearing officer shall ensure that the applicant receives at least
seven hours of hearings within 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicants case-in-chief.
An applicant may, upon request, be granted additional hearing to complete
his case-in-chief provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent of the
record by the applicant and Borough be granted additional hearings
to complete their opposition to the application provided the applicant
be granted an equal number of additional hearings for rebuttal.
2.
The hearings shall be conducted by the Board or the Board may appoint
any member or an independent attorney as a hearing officer. The decision,
or, where no decision is called for, the findings shall be made by
the Board; however, the appellant or the applicant, as the case may
be, in addition to the Borough, may, prior to the decision of the
hearing, waive decision or findings by the Board and accept the decision
or findings of the hearing officer as final.
3.
The parties to the hearing shall be Dublin Borough, any person affected
by the application who has made timely appearance of record before
the Board, and any other person, including civic or community organizations,
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties enter appearance
in writing on forms provided by the Board for that purpose.
4.
The Chairman or Acting Chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
5.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross examine adverse witnesses on all relevant issues.
6.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
7.
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board.
The cost of the original transcript shall be paid by the Board if
the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and, in either event, the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases, the party requesting the original transcript shall
bear the cost thereof.
8.
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representative in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from their
Solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be resent.
9.
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. When the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq., or any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make representations thereon to the Board prior to final decision or entry of findings, and the Board's decisions shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under § 916.1 of the Municipalities Planning Code, 53 P.S. § 10916.1, where the Board fails to render a decision within the period required by this Subsection or fails to commence, conduct or complete the required hearing as provided in Subsection 1B, 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 the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same as provided in Subsection 1 of this section. If the Board shall fail to provide such notice the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
10.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide by mail
or otherwise brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
[Ord. 294, 11/26/2007, § 27-1209]
1.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except those brought before the Borough Council pursuant to §§ 609.1
and 916.1(a)(2) of the Act, 53 P.S. §§ 10609.1, 10916.1(a)(2).
B.
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption,
which challenges shall be raised by an appeal taken within 30 days
after the effective date of said ordinance. Where the ordinance appealed
from is the initial Zoning Ordinance of Dublin Borough and a Zoning
Hearing Board has not been previously established, the appeal raising
procedural questions shall be taken directly to Court.
C.
Appeals from the determination of the Zoning Officer including, but
not limited to, the granting or denial of any permit, or failure to
act on the application therefore, the issuance of any cease and desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
D.
Appeals from a determination by the Borough Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this chapter and flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to § 910.2 of the Act, 53 P.S. § 10910.2.
F.
Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1, 53 P.S. § 10912.1.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
H.
Appeals from the Zoning Officer's determination under § 916.2
of the Act, 53 P.S. § 10916.2.
I.
Appeals from the determination of the Zoning officer or Borough Engineer
in the administration of any land use ordinance or provision thereof
with reference to sedimentation and erosion control and stormwater
management insofar as they relate to development not involving Articles
V or VII (of the Act) applications.
[Ord. 294, 11/26/2007, § 27-1210]
1.
The Dublin Borough Zoning Hearing Board shall hear challenges regarding
minor procedural questions or alleged defects in the process of enactment
or adoption to this chapter or any amendment to this chapter. These
challenges must be raised within 30 days after the effective date
of this chapter or amendment of this chapter by certified or registered
mail to the Borough Manager.
2.
Minor procedural challenges include, but are not limited to, advertising
and/or notification requirements.
[Ord. 294, 11/26/2007, § 27-1211]
