A.
Creation of Board. A Zoning Hearing Board shall be appointed by the
Borough Council in the manner prescribed by law.
B.
Existing boards of adjustment. Every board of adjustment or board
of appeals in existence when this chapter becomes effective shall
thereupon become a Zoning Hearing Board, be known as such, and it
and the terms of its members shall continue under and in accordance
with the provisions of this article. Matters pending before any board
of adjustment or board of appeals at the time this chapter becomes
effective shall continue and be completed under the former law in
effect at the time such board took jurisdiction of them.
C.
Membership of the Board. The membership of the Board shall consist
of three residents of the municipality appointed by the Borough Council.
Their terms of office shall be three years and shall be so fixed that
the term of office of one member shall expire each year. The Board
shall promptly notify the governing body of any vacancies which occur.
Appointments to fill vacancies shall be only for the unexpired portion
of the term. Members of the Board shall hold no other office in the
municipality, except that no more than one member of the Board may
also be a member of the Planning Commission.
D.
Council may appoint, by resolution, two residents of the Borough to serve as alternative members of the Board. The term of office of each alternative member shall be three years. Alternatives shall be appointed and serve according to the provisions of Article IX of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
E.
Removal of members. 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 hearing
shall be held in connection with the vote if the member shall request
it in writing.
F.
Organization of Board.
(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 town membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 420-1704.
(2)
The Zoning Hearing Board shall adopt rules in accordance with
the provision of this chapter. Meetings of the Zoning Hearing Board
shall be held at the call of the Chairman and at such other times
as the Zoning Hearing Board may determine. Such Chairman, or in his
absence, the acting Chairman, may administer oaths, and compel the
attendance of witnesses. All meetings of the Zoning Hearing Board
shall be open to the public.
(3)
The Zoning Hearing Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent,
or failing to vote, indicate such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the Borough secretary and shall
be a public record.
(4)
The Zoning Hearing Board shall submit a report of its activities
to the Borough Council once a year.
G.
Expenditures for services. Within the limits of funds appropriated
by the Borough Council, 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 the Borough Council, but in no
case shall it exceed the rate of compensation authorized to be paid
to the members of the Borough Council.
Hearings before the Zoning Hearing Board shall be conducted
in accordance with the applicable provisions of the Pennsylvania Municipalities
Planning Code.[1] Notice of such hearing shall be given to the public, the
applicant, the Lancaster County Planning Commission, the Zoning Officer,
and such other persons as the Council shall designate and to any person
who has made timely request for the same. Public notice thereof shall
also be given in a newspaper of general circulation as provided in
the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Appeals from the Zoning Officers. The Board shall hear and decide
appeals where it is alleged by the appellant that the Zoning Officer
has failed to follow prescribed procedures or has misinterpreted or
misapplied any provision of a valid ordinance or map or any valid
rule or regulation governing the action of the Zoning Officer. Nothing
contained herein shall be construed to deny the appellant the right
to proceed directly in court, where appropriate pursuant to Pa.R.C.P.
1091 to 1098, relating to mandamus.
B.
Variances. The Board shall hear requests for variances where it is
alleged that the provision of the Zoning Ordinance 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. In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of the Zoning Ordinance.
C.
Special exceptions. Where the Borough Council, in the Zoning Ordinance,
has stated 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 the ordinance, as it may deem necessary to implement
the purposes of this act and the Zoning Ordinance.
A.
Standards. In any instance where the Zoning Hearing Board is required
to consider a special exception or variance in accordance with the
provisions of this chapter, the Board shall among other things, consider
the following standards:
(1)
Variances.
(a)
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 the Zoning Ordinance 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 the Zoning Ordinance 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, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare; and
(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)
Special exceptions.
(a)
Consider the suitability of the property for the use desired.
Assure itself that the proposed request is consistent with the spirit,
purpose and intent of the Zoning Ordinance.
(b)
Determine that the proposed special exception will not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood and that the use of property adjacent
to the area included in the proposed change or plan is adequately
safeguarded.
(c)
Determine that the proposed special exception will serve the
best interest of the Borough, the convenience of the community, and
the public welfare.
(d)
Consider the effect of the proposed special exception upon the
logical efficient and economical extension of public services and
facilities, such as public water, sewers, police and fire protection,
and public schools.
(e)
Impose such conditions, in addition to those required, as are
necessary to assure that the intent of the Zoning Ordinance is complied
with which conditions may include, but are not limited to, harmonious
design of buildings, planting and its maintenance as a sight or sound
screen, the minimizing of noxious, offensive or hazardous elements,
adequate standards of parking and sanitation.
(f)
Determine that the unique circumstances for which the special
exception is sought were neither created by the owner of the property,
nor were due to, or the result of general conditions in the zoning
district in which the property is located.
(g)
Consider the suitability of the proposed location of an industrial
or commercial use with respect to probable effects upon highway traffic,
and assure adequate access arrangements in order to protect major
streets and highways from undue congestion and hazard.
(h)
Ascertain the adequacy of sanitation and public safety provisions,
where applicable, and require a certificate of adequacy of sewage
and water facilities from a governmental health agency in such case
required herein or deemed advisable.
(i)
Financial hardship shall not be construed as the basis for granting
special exceptions.
A.
If a variance or special exception is granted or the issuance of
a permit is approved, or other action authorized, the necessary permit
shall be secured and the authorized action begun within six months
after the date when the variance or special exception is finally granted,
or the issuance of a permit is finally approved, or the other action
authorized, and the building or alteration, as the case may be, shall
be completed within 15 months of said date. For good cause, the Board
may, upon application in writing stating the reasons therefor, extend
either the six months or twelve-month period.
B.
Should applicant fail to obtain the necessary permits within said
six-month period, or having obtained the permit should fail to commence
work thereunder within such six-month period, and fail to make written
approval to the Zoning Hearing Board for extension of time, it shall
be conclusively presumed that the applicant has waived, withdrawn,
or abandoned his appeal or his application, and all provisions, variances,
and permits granted shall be deem automatically rescinded by the Board.
Appeals before the Zoning Hearing Board shall be conducted expressly
pursuant to the express provisions in the Pennsylvania Municipalities
Planning Code then in effect.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Zoning appeals. Zoning appeals shall include appeals from the decision
of the Zoning Hearing Board and appeals upon reports of the Board
in proceedings to challenge the validity of any ordinance or map.
B.
Application. Zoning appeals may be taken to the Common Pleas Court
of Lancaster County by any party before the Board, or any officer
or agency of the Borough.
C.
Time limitation upon appeal. All zoning appeals shall be filed no
later than 30 days after issuance of notice of the decision or report
of the Board.
E.
Intervention. Within 30 days following the filing of a zoning appeal,
the Borough and any owner or tenant of property directly involved
in the decision or report of the Board may intervene as a matter of
course by filing a notice of intervention, accompanied by proof of
service of the same upon each appellant or each appellant's counsel
or record. All other intervention shall be governed by the Rules of
Civil Procedure relating to intervention in actions.
F.
Transcript of Board testimony. The appellant, before proceeding to
hearing or argument upon the zoning appeal, shall obtain and file
with the court a transcript thereof.
G.
Supersedeas. At any time during the pendency of a zoning appeal,
the court or a judge thereof may grant an order of supersedeas upon
such terms and conditions, including the filing of security, as the
court or judge thereof may prescribe.
