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.
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.
D. 
Commencement of zoning appeals. Zoning appeals shall be commenced in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code,[1] the Rules of Civil Procedure and the local rules of court.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.