[Ord. 8-1994, 12/12/1994, § 1000; as amended by
Ord. 6-2007, 10/8/2007]
1. Establishment. Pursuant to the provisions of the Pennsylvania Municipalities
Planning Code, P.L. 1329, Act 170, as reenacted December 21, 1988,
a Zoning Hearing Board is hereby established in Hughesville Borough.
2. Appointment and Membership.
A. The Zoning Hearing Board shall consist of three residents of Hughesville
Borough to be appointed by resolution of the Borough Council. The
terms of the initial appointees shall be for one, two and three years
from the date of appointment. Their successors shall be appointed
for the term of three years after the expiration of the terms of their
predecessors in office. Members of the Zoning Hearing Board shall
hold no other elected or appointed office in the municipality and
shall not be an employee of the Borough.
B. The Borough Council shall also appoint, by resolution, two alternate
members to the Zoning Hearing Board to serve in the event of absence
or conflict of interest of a regular member. The term of office of
an alternate shall be three years. For each case, the Chairman of
the Zoning Hearing Board may designate alternate members of the Board
to replace absent or disqualified members and, at a minimum, shall
designate as many alternates as necessary to provide a quorum. Designation
shall be made on a case-by-case basis, in rotation, according to declining
seniority. Alternates shall hold no other elected or appointed office
in the municipality and shall not be an employee of the Borough.
C. A Zoning Hearing Board member may be removed by majority vote of
the appointing authority for just cause only after the member has
received 15 days' advance notice of the Borough's intent to take such
a vote. A hearing shall be held in connection with the vote if requested
in writing by the member.
3. Appointment to Fill Vacancies. Appointments to fill vacancies shall
be for the unexpired term of the member or members whose term or terms
become vacant. Appointments to fill such vacancies shall be made in
the same manner as the original appointment.
4. General Grant of Power. The Zoning Hearing Board shall perform all
the duties and have the powers prescribed by the Pennsylvania Municipalities
Planning Code, as amended, and as herein described.
[Ord. 8-1994, 12/12/1994, § 1001]
The Zoning Hearing Board shall hear and decide appeals pursuant
to the provisions of the Pennsylvania Municipalities Planning Code,
as amended, and shall have the following powers:
A. To Hear and Decide Appeals.
(1) The Zoning Hearing Board shall hear and decide appeals from any order,
requirement, decision or determination made by the Zoning Officer
administering this chapter, 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.
(2) The Zoning Hearing Board shall hear and decide appeals from a 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 the same
relate to development not involving the provisions regulating subdivision
or planned residential development contained in Articles V and VII
of the Pennsylvania Municipalities Planning Code.
(3) The Zoning Hearing Board shall hear and decide appeals from a determination
by the Zoning Officer or Borough Engineer with reference to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
(4) The Zoning Hearing Board shall hear and decide, upon appeal from
a determination of the Zoning Officer, any questions involving the
interpretation of any provision of this chapter, including determination
of the exact location of any district boundary where there is uncertainty
with respect thereto.
B. To Hear and Decide Challenges to the Validity of any Land Use Ordinance.
(1) The Zoning Hearing Board shall hear and decide substantive challenges
to the validity of any land use ordinance, except those for landowner
curative amendments, which shall be brought before the Borough Council
pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code, as amended.
(2) The Zoning Hearing Board shall hear and decide challenges to the
validity of any land use ordinance raising procedural questions or
alleged defects in the process of enactment or adoption. Such challenges
shall be raised by an appeal taken within 30 days after the effective
date of said ordinance.
C. To Hear and Decide Requests for Variances.
(1) The Zoning Hearing Board shall hear requests for variances and may
vary or adapt the strict application of any of the requirements of
this chapter in the case of exceptionally irregular, narrow or shallow
lots or other exceptional physical conditions, whereby such strict
application would result in practical difficulty or unnecessary hardship
that would deprive the owner of the reasonable use of the land or
building involved, but in no other case. The sole purpose of any variance
shall be to prevent discrimination and no variance shall be granted
which would have the effect of granting a special privilege not shared
by other property owners in the same vicinity and district and under
the same conditions.
(2) The Board's decision to approve a variance request shall be made only after public notice and hearing. (See §
1003.) (See also Subpart 6H for additional information regarding variances in Floodplain Districts and Appendix A for an illustration of the variance procedure.)
(3) No variance in the strict application of any provisions of this chapter
shall be granted by the Zoning Hearing Board unless it finds:
(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 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 the Zoning 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, nor 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.
In granting any variance, the Zoning Hearing Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this chapter.
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D. To Hear and Decide Requests For Special Exceptions.
(1) The Zoning Hearing Board may grant special exceptions only for such uses as are provided for in Part
3, the district regulations, and pursuant to express standards and criteria outlined in Part
4. The Board's decision to approve a special exception shall be made only after public notice and hearing. (See §
1003.) Such approval shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent changes or additions shall be subject to further review and public hearing by the Zoning Hearing Board as a separate special exception use. (See Part
6 for additional information regarding special exceptions in floodplain districts and Appendix B for a chart illustrating the special exception procedure.)
(2) No application for a special exception shall be granted by the Zoning
Hearing Board until said Board has first received and considered an
advisory report thereon from the Borough Planning Commission. Said
report shall review the proposal with respect to the location of such
use in relation to the needs and growth patterns of the area and,
where appropriate, the adequacy of the site area and arrangement of
buildings, driveways, parking areas, off-street loading spaces and
other pertinent features. The Planning Commission shall have 30 days
from the date of its receipt of the application from the Zoning Hearing
Board within which to file its report. In the event that the Commission
shall fail to file its report within 30 days, the application shall
be deemed to have been approved by the Planning Commission. The Commission
may have representation at the public hearing held by the Zoning Hearing
Board on such application.
(3) In reviewing requests for special exceptions, the Zoning Hearing Board shall take into account the comments received from the Borough Planning Commission and the following requirements, in addition to those found in Part
4, and in other applicable sections of this chapter:
(a)
That the use is so designed, located and proposed to be operated
that the public health, safety, welfare and convenience will be protected.
(b)
That the use will not cause substantial injury to the value
of other property in the neighborhood where it is to be located.
(c)
That the use will be compatible with adjoining development and
the proposed character of the zoning district where it is to be located.
(d)
That adequate landscaping and screening is provided as required
herein.
(e)
That adequate off-street parking and loading is provided and
ingress and egress is designed to cause minimum interference with
traffic on abutting streets.
(f)
That the use conforms with all applicable regulations governing
the district where located, except as may otherwise be determined
for large-scale developments.
In approving a special exception, the Zoning Hearing Board may
attach whatever reasonable conditions and safeguards it deems necessary
in order to insure that the proposed development is consistent with
the purposes of this chapter.
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[Ord. 8-1994, 12/12/1994, § 1002; as amended by
Ord. 6-2007, 10/8/2007]
1. Parties Appellant Before Zoning Hearing Board. Appeals from a decision
of the Zoning Officer and proceedings to challenge the validity of
the chapter may be filed with the Zoning Hearing Board in writing
by the landowner affected, any officer or agency of the Borough or
by any person aggrieved. Requests for a variance or special exception
must be filed with the Zoning Hearing Board by any landowner or an
authorized agent of such landowner.
2. Time Limitations. No person shall be allowed to file any proceeding
with the Zoning Hearing Board later than 30 days after an application
for development, whether preliminary or final, has been approved by
an appropriate Borough officer, agency or body if such proceeding
is designed to secure reversal or to limit the approval in any manner,
unless such person alleges and proves that he had no notice, knowledge
or reason to believe that such approval had been given.
3. Applications Required. All requests and appeals made to the Zoning
Hearing Board shall be in writing and in such form as may be prescribed
by the Zoning Officer. Every appeal or request shall refer to a specific
provision of this chapter and shall exactly set forth the interpretation
that is claimed or shall include the plans or the details of the variance
that is applied for, in addition to the following information:
A. The name and address of the applicant or appellant.
B. The name and address of the owner of the parcel to be affected by
such proposed change or appeal.
C. A description and location of the parcel to be affected by such proposed
change or appeal.
D. A statement of the present zoning classification of the parcel in
question, the improvements thereon and the present use thereof.
E. A reasonably accurate description of any existing buildings, structures
or improvements located on the site and the additions or changes intended
to be made under this application, indicating the size of such proposed
adjustments, as well as the type of materials and general construction
to be used. In addition, the applicant shall provide the Zoning Hearing
Board with an accurate plot plan, drawn to scale, of the property
to be affected, indicating the location and size of the lot and the
size and location of all existing buildings, structures, trees and
other physical features thereon and those additional improvements
proposed to be erected.
4. Procedure for Zoning Officer.
A. The notice of appeal in any case where a permit has been granted
or denied by the Zoning Officer shall be prescribed by the Zoning
Hearing Board under general rule after notice of such action granting
or denying the permit has been mailed to the applicant. The Zoning
Officer shall then immediately transmit to the Zoning Hearing Board
all papers constituting the record from which the appealed action
was taken or in lieu thereof, certified copies of said papers.
B. It shall be acceptable for the Zoning Officer to recommend to the
Zoning Hearing Board a modification or reversal of his action in cases
where he believes substantial justice requires the same but where
he does not have sufficient authority to grant the relief sought.
5. Hearings Required and Notice of Hearings. The Zoning Hearing Board,
before rendering a decision, shall hold hearings on any appeal, interpretation,
variance, special exception, challenge or other matter requiring the
Zoning Hearing Board's decision or other official action. Within 60
days of the date of receipt of an applicant's application for such
hearing, the Board shall fix a reasonable time and place for and commence
the first hearing thereon, giving notice as follows:
A. Publish public notice in accordance with the definition of "public notice" in Part
13 of this chapter.
B. Post in a conspicuous place on the property involved a written notice
of the pending hearing and action; such notice shall take place at
least seven days prior to the public hearing.
C. Give written notice to the applicant, the Zoning Officer, the Borough
Secretary, Secretary of the Borough Planning Commission and to any
person who has made a timely request for the same, at least seven
days prior to the hearing. (Where the Zoning Hearing Board is requesting
comments on an application from the Borough Planning Commission, the
Planning Commission shall be given notice at least 30 days prior to
the hearing.)
D. In the case of an appeal or a request for a variance or special exception,
notify all landowners adjoining the affected tract at least seven
days prior to the date of the hearing.
E. Each subsequent hearing on the application shall be held within 45
days of the prior hearing, unless otherwise agreed to by the applicant
in writing or on the record.
6. Rules of Conduct.
A. The Zoning Hearing Board shall adopt rules consistent with the provisions
of this chapter and shall commence, conduct and complete all hearings
in accordance with the requirements of the Pennsylvania Municipalities
Planning Code, as amended. 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. Irrelevant,
immaterial or unduly repetitious evidence may be ruled out of order
and excluded from the hearing record.
B. All hearings and meetings of the Zoning Hearing Board shall be open
to the public. The Zoning Hearing Board shall keep a stenographic
record of the hearing proceedings. Minutes shall be kept of all other
meetings and shall show the vote of each member upon each question
or if absent or failing to vote, indicate such fact. Such records
shall be public and shall be kept on file with the Borough Secretary.
A report of the Zoning Hearing Board's activities shall be submitted
to the Borough Council once each year.
C. A quorum of two Board members shall be required for the Zoning Hearing
Board to take action.
7. Decisions.
A. The Zoning Hearing Board shall render a written decision or, when
no decision is called for, make written findings on any application
brought before them within 45 days after the date of the last hearing
on said application. Every decision of the Zoning Hearing Board shall
be based on stated findings of fact and every finding of fact shall
be supported in the record of the hearing. The enumerated conditions
required to exist for the authorization of a variance shall be construed
as limitations of the power of the Zoning Hearing Board to act. A
mere finding or recitation of the enumerated conditions, unaccompanied
by findings of specific fact, shall not be deemed findings of fact
and shall not be deemed compliance with this chapter.
B. In exercising the above mentioned powers, the Zoning Hearing Board
may, in conformity with the provisions of this Part, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, requirement,
decision or determination as it feels appropriate.
C. A copy of the final decision or findings must be delivered to the
applicant personally or must be mailed to him not later than the day
following its date. All other persons interested in the result, who
filed their name and address with the Board not later than the last
day of the hearing, shall be provided with a brief notice of the decision
or findings and a statement indicating where the full decision may
be examined.
8. Expiration of Appeal Decision. Unless otherwise specified by the
Zoning Hearing Board, a decision on any appeal or request shall expire
if the applicant fails to obtain any necessary building/zoning permit
or comply with the conditions of said authorized permit within six
months from the date of authorization thereof.
9. Required Interval for Hearings on Applications and Appeals after
Denial. Whenever the Zoning Hearing Board, after hearing all the evidence
presented upon an application or appeal under the provisions of this
chapter, denies the same, the Zoning Hearing Board shall refuse to
hold further hearings on the same or substantially similar application
or appeal by the same applicant, his successor or assign for a period
of one year, except and unless the Zoning Hearing Board shall find
and determine from the information supplied by the request for a rehearing,
that changed conditions have occurred relating to the promotion of
the public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Zoning
Hearing Board and adopted by the unanimous vote of the members present,
but not less than a majority of all members.
10. Failure to Hold Required Hearing or Render Decision. Where the Board
fails to commence, conduct or complete the required hearing or fails
to render a decision within the prescribed time periods (except for
challenges filed under Section 916.1 of the Pennsylvania Municipalities
Planning 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 is rendered
in favor of the applicant due to a violation of the established time
requirements, the Zoning Hearing Board must give public notice of
this decision within 10 days from the last day it could have met to
render a timely decision. If the Board shall fail to provide such
notice, the applicant may do so.
11. Stay of Proceedings. An appeal to the Zoning Hearing Board shall
automatically stop all affected land development. However, if the
Zoning Officer or other appropriate agency certifies to the Zoning
Hearing Board that such a halt could cause an imminent danger to life
or property, then development may only be stopped by a restraining
order granted by the Zoning Hearing Board or by the court having jurisdiction,
on petition, after notice to the Zoning Officer and any other appropriate
agency.
12. Appeals. Any person aggrieved by any decision of the Zoning Hearing
Board may appeal therefrom within 30 days to the Court of Common Pleas
of Lycoming County pursuant to the procedures established in Article
X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 11001-A
through 11006-A, or as may be amended hereafter.