[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.