A.
The Borough Council shall by resolution establish a schedule of fees
and shall post said schedule conspicuously in the Borough Building.
B.
No permit, certificate, application or variance shall be issued unless
or until such costs, charges, fees or expenses as established by such
resolution have been paid in full; nor shall any action be taken by
the Borough Council and/or Zoning Hearing Board unless or until preliminary
charges and fees have been paid in full.
C.
A zoning certificate shall be required prior to the establishment,
change or alteration of any use or the construction, enlargement,
expansion or alteration of any structure. A building permit may also
be required under the Sewickley Borough Code relating to building
codes/construction.
A.
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit an application for a special exception to the Zoning Hearing Board. The Zoning Hearing Board shall require the information outlined in § 330-1303, Special exception procedures of approval, to process the application.
B.
The Zoning Hearing Board may hold any meeting(s) and/or hearing(s)
necessary in its discretion to elicit information or argument pertinent
to the request for accommodation.
C.
The Zoning Hearing Board's decision shall be in writing.
D.
The Zoning Hearing Board shall issue its written decision to the
applicant and the Borough Council within 30 days of filing of the
request for accommodation or at the next regularly scheduled Zoning
Hearing Board meeting, whichever is the later of the two.
E.
A request for reasonable accommodation should be directed to the
Zoning Hearing Board. In considering a request for reasonable accommodation,
the Zoning Hearing Board shall, with the advice or the counsel of
the Borough Solicitor and/or Zoning Hearing Board Solicitor, apply
the following criteria.
(1)
Whether the applicant is handicapped or disabled within the
meaning of the Federal Fair Housing Act Amendments or the Americans
with Disabilities Act.
(2)
The degree to which the accommodation sought is related to the
handicap or disability of the applicant.
(3)
A description of hardship, if any, that the applicant will incur
absent provisions of the reasonable accommodation requested.
(4)
The extent to which the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling in question.
(5)
The extent to which the proposed accommodation may impact other
landowners in the immediate vicinity.
(6)
The extent to which the proposed accommodation may be consistent
with or contrary to the zoning purposes promoted by the ASO Joint
Comprehensive Plan, and the community development objectives set forth
in this chapter.
(7)
The extent to which the requested accommodation would impose
financial and administrative burdens upon the Borough.
(8)
The extent to which the requested accommodation would impose
an undue hardship upon the Borough.
(9)
The extent to which the accommodation would require a fundamental
alteration in the nature of the Borough's regulatory policies, objectives
and regulations.
(10)
The extent to which the requested accommodation would result
in a subsidy, privilege or benefit not available to nonhandicapped
or nondisabled persons.
(11)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated or discontinued
when they are no longer needed to provide handicapped or disabled
persons equal opportunity to use and enjoy the dwelling in question.
(12)
The extent to which the requested accommodation will increase
the value of the lot during and after its occupancy by the applicant.
A.
The Borough's special exception procedure is described on Application
Diagram D found on record in the Sewickley Borough's Municipal Building
Administrative Office.
B.
Approval of uses by special exception.
(1)
The Zoning Hearing Board shall hear and decide requests for
uses by special exception in accordance with the provisions of the
Pennsylvania Municipalities Planning Code.
C.
Requests for reasonable accommodation. The applicant shall provide
the following:
(1)
Specific citation of the Zoning Ordinance provision from which
reasonable accommodation is requested.
(2)
The specific description of the reasonable accommodation sought
and the particulars, including exact admonitions of any proposed structural
or location-based accommodation.
(3)
The condition of the applicant for which reasonable accommodation
is sought.
(4)
A description of the hardship that the applicant will incur
absent provision of the reasonable accommodation requested.
(5)
A description of any alternative methods of relieving the claimed
hardship that have been considered and the reason why the applicant
has rejected such alternatives.
(6)
A statement describing why the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the dwelling in question.
(7)
A description of the manner in which the accommodation, if granted,
will be terminated or removed if said accommodation is no long applicable.
(8)
A statement of any facts indicating whether or not nonhandicapped
or nondisabled persons would be permitted to utilize the lot(s) in
question in a manner similar to that sought by the applicant.
D.
A written application for special exception shall be submitted in
accordance with the application requirements and associated application
process defined by the Borough.
E.
Conditions and safeguards.
(1)
In considering an application for approval of a use by special
exception, the Zoning Hearing Board may prescribe appropriate conditions
and safeguards in conformity with the spirit and intent of this chapter.
A violation of such conditions and safeguards, when made part of the
terms and conditions under which approval of a use by special exception
is granted, shall be deemed a violation of this chapter.
F.
Expiration of approval of use by special exception.
(1)
Approval of a use by special exception shall expire automatically
without written notice to the applicant if an application for a building
permit or zoning certificate to undertake the construction for the
authorized occupancy described in the application for approval of
the use by special exception is not submitted within 12 months of
said approval.
G.
The Zoning Hearing Board, in its sole discretion, may grant an extension
of the special exception upon receipt of a written request by the
applicant prior to the expiration date of approval. Only a one-time
twelve-month extension may be granted.
H.
Expiration of approval of use by special exception granted prior
to effective date of this chapter. Approval of a use by special exception
granted prior to the effective date of this chapter shall expire automatically
without written notice to the applicant if an application for a grading
permit, building permit or zoning certificate to undertake the construction
or authorize the occupancy described in the application for approval
of the use by special exception is not submitted within 12 months
of the effective date of this chapter or as specified in the approval.
A.
The Borough's conditional use procedure is described on Application
Diagram B found on record in the Sewickley Borough's Municipal Building
Administrative Office.
B.
The Borough Council shall hear and decide requests for conditional uses within the time periods and according to the procedures set forth in the Pennsylvania Municipalities Planning Code, § 913.2. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other ordinance shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. See also Article VIII.
C.
A written application for conditional use shall be submitted in accordance
with the application requirements and associated application process
defined by the Borough.
(1)
Where the Borough Council fails to render the decision within
the period required by this subsection or fails to commence, conduct
or complete the required hearing as provided in § 908(1.2)
of the Pennsylvania Municipalities Code, 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
failure of the Borough Council to meet or render a decision as hereinabove
provided, the Borough Council shall give public notice of the decision
within 10 days from the last day it could have met to render a decision
in the same manner as required by the public notice requirements of
this act. If the Borough Council shall fail to provide such notice,
the applicant may do so.
(2)
Nothing in this subsection shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction. A copy of the final decision or, where no
decision is called for, the findings shall be delivered to the applicant
personally or mailed to him no later than the day following its date.
(3)
In granting a conditional use, the Borough Council may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as necessary to implement the purposes of the Municipalities
Planning Code and this chapter.
(4)
Borough Council shall review a conditional use application and
may approve, deny or attach additional conditions in order to protect
the public's health, safety and welfare.
(5)
In making its decision, Borough Council shall consider the Planning
Commission's recommendation, all information and the application submitted
by the applicant, and any relevant Borough ordinances.
D.
Expiration of conditional use approval. Conditional use approval
shall expire automatically without written notice to the applicant
if no application for a grading permit, building permit or occupancy
permit to undertake the construction or authorize the occupancy described
in the application for conditional use approval is submitted within
12 months of said approval. The Borough Council may extend conditional
use approval upon written request of the applicant received prior
to its expiration. The maximum extension permitted shall be one twelve-month
extension.
E.
Expiration of conditional use approval granted prior to effective
date of this chapter. Conditional use approval granted prior to the
effective date of this chapter shall expire automatically without
written notice to the applicant if no application for a grading permit,
building permit or occupancy permit to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of the effective date of
this chapter or as specified in the approval. The Borough Council
may extend conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension.
A.
The Borough's variance procedure is described on Application Diagram
C found on record in the Sewickley Borough's Municipal Building Administrative
Office.
B.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of the Zoning Ordinance inflict
unnecessary hardship upon the applicant. The Zoning Hearing Board
may by rule prescribe the form of application and may require preliminary
application to the Zoning Officer. The Zoning Hearing Board may grant
a variance, provided that all of the following findings are made where
relevant in a given case:
(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 or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
(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 that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
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.
C.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this act and the Zoning Ordinance.
D.
A variance from the terms of this chapter shall not be granted by
the Zoning Hearing Board unless and until:
(1)
A written application for the variance is submitted.
(2)
The required fees are paid.
(3)
Public notice by advertising shall be given at least two weeks
in advance of the hearing. The owner of the property for which the
variance is sought or his agent shall be notified by mail.
(4)
The hearing shall be held. Any party may appear in person or
by agent or by attorney.
(5)
The Zoning Hearing Board shall make findings that the requirements
of this section have been met by the applicant for the variance.
(6)
The Zoning Hearing Board shall further make a finding that the
reasons set forth in the application justify the granting of the variance
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building or structure.
(7)
The Zoning Hearing Board shall further make a finding that the
granting of the variance will be in harmony with the general purpose
and intent of this chapter and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
E.
In granting any variance, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and such safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and subject to § 330-1702, Enforcement remedies.
F.
Under no circumstances shall the Zoning Hearing Board grant a variance
to allow a use not permissible under the terms of this chapter in
the district involved or any use expressly or by implication prohibited
by the terms of this chapter in said district.
