A.
In accordance with Article IX of the Pennsylvania Planning Code,
a Zoning Hearing Board shall be appointed and organized, and shall
adopt rules to cover its procedures. The Board shall hold meetings,
keep minutes, and pursuant to notice, conduct hearings, compel the
attendance of witnesses, take testimony under oath and render decisions
in writing within 45 days after hearing or continued hearing, all
as required by law. For the filing of an appeal or proceeding with
the Board, a fee shall be charged in accordance with a schedule annually
fixed by the Borough Council.
A.
Any person or Borough Official aggrieved or affected by any provision
of this chapter or by any decision of the Zoning Officer may appeal
to the Zoning Hearing Board within a reasonable time, as provided
by rules of the Board, by filing a notice of appeal specifying the
grounds thereof. The Board shall have the power to hear and decide
appeals from any order, requirement, decision, grant, or refusal made
by the Zoning Officer in the administration of this chapter. All appeals
and applications made to the Board shall be in writing on forms prescribed
by the Board.
B.
Every appeal or application shall refer to the specific provision
of the chapter involved and shall set for the exactly the interpretation
that is claimed, the use for which the special permit is sought, or
the details of the variance that is applied for and the grounds on
which it is claimed that variance should be grants, as the case may
be. At least 10 days prior to the date of the hearing on an application
or appeal, the Board shall transmit to the Planning Commission a copy
of said application or appeal in order that the Planning Commission
may have an opportunity of submitting a report or opinion to the Board.
C.
The hearing shall be conducted in accordance with § 908
of the Pennsylvania Planning Code.[1] The Zoning Hearing Board may appoint any member as a hearing
officer. The decision, or where no decision is called for, the findings
shall be made by the Board, but the parties may waive decision or
findings by the Zoning Hearing Board and accept the decision of the
hearing officer as final.
[1]
Editor's Note: See 53 P.S. § 10908.
The Zoning Hearing Board, upon appeal, shall have the power
to authorize variances from the provisions of this chapter provided
the following findings are made relevant in a given case:
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 provision 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,
nor substantially or permanently impair the appropriate use of 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.
A.
The Zoning Hearing Board shall have the power to decide applications
for special exception uses as specified in this chapter, in harmony
with its general purpose and intent and in accordance with the standards
set forth. The Board shall approve a special exception use only if
it meets the following standards and criteria:
B.
In interpreting and applying the provisions of this chapter, they
shall be held to be the minimum requirements for the health, safety,
and general welfare of the Borough.
This section sets forth the criteria for special exceptions
as permitted by this chapter.
A.
Cemeteries. New cemeteries or an expansion of one acre or more of
an existing cemetery shall adhere to the following:
(1)
The purpose of cemeteries is to provide a proper burial ground for
persons. All uses and activities must be clearly and customarily incidental
to this use.
(2)
A site plan that demonstrates the design and layout of the proposed
cemetery or cemetery expansion and specifically illustrating: the
proposed drainage plan, the internal circulation plan and the location
of accessory building(s).
(3)
Connections to existing paved Borough streets will be no closer than
50 feet to a street intersection, 15 feet to a fire hydrant, 30 feet
to a driveway on the same side of the street and shall avoid streets
or driveways opposite the proposed means of ingress and egress.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Compliance. Shall demonstrate compliance with applicable state laws.
(5)
Accessory uses. All accessory uses must be clearly incidental and
subordinate to the function of the cemetery.
(6)
All new cemeteries shall have a size of at least two acres.
B.
Renewable energy.
(1)
Wind energy systems. In all residential districts and the C-1 Commercial
District, small wind energy systems (rated at 10kW or less) shall
be allowed consistent with the criteria set forth in this chapter
and in compliance with the standards of the American Wind Energy Association.
(a)
A setback of at least 10 feet shall be required from any property
line.
(c)
Sound levels at the property line shall not exceed 60 decibels
as measured at the property line and as set forth by the wind system
specifications.
(d)
Shall be in compliance with the height regulations of this chapter.
(2)
Solar energy systems. Two types of solar energy systems shall be
allowed, those which generate heat (thermal) and those which generate
electricity. Both types may be installed on rooftops, but shall not
extend beyond the existing eaves, except as needed to extend piping
or electrical lines to the main part of the structure. Such units
are permitted, they do not require approval of the Zoning Hearing
Board. Any such units installed on outbuildings or the surface of
the lot shall observe all setback requirements.
C.
Funeral homes. Funeral homes shall meet the following criteria:
(1)
A lot size of at least 10,000 square feet shall be required.
(2)
At least 20, paved, on-lot parking spaces shall be provided with
an additional five spaces for each additional viewing parlor after
the first two.
(3)
The driveway and parking system shall be arranged so the hearse and
funeral cortege formation will be completed on the lot and not on
a public street.
D.
Public utility substations/facilities. Such uses are permitted, with
condition, to allow public utilities to adequately service the Borough.
They shall include small structures and aboveground facilities, such
as vent pipes. Structures over 500 square feet in size shall be located
in the M-1 District.
(1)
Such uses shall be landscaped to present a minimum intrusion upon
the neighborhood.
(2)
Must be enclosed by a security fence of no more than eight feet,
notwithstanding any other section of this chapter.
(3)
No outdoor storage shall be permitted of equipment or vehicles.
(4)
Such uses shall be exempt from lot and yard requirements and land
development requirements.
E.
Schools, hospitals, churches, and nursing homes shall provide all
parking and loading/unloading requirements as required by this chapter.
(1)
Shall be located on a public street with a minimum twenty-foot paved
dedicated roadway.
(2)
All parking and recreation/play areas, which abut residential uses,
shall be screened.
(3)
Any outdoor lighting shall use fully shielded fixtures.
(4)
All necessary licenses or permits issued by county, state, or federal
agencies shall be presented, and these required licenses, certificates,
or permits shall be a condition for final approval.
F.
Personal care boarding homes for adults and adult day care. The purpose
of such homes is to provide residences for individuals in a home-like
setting. Consequently, it is essential to maintain an exterior appearance
that is in harmony with surrounding residences. In addition, such
uses shall meet the following conditions:
(1)
Signs or exterior display indicating the name of the home or its
use shall not exceed that allowed by this chapter.
(2)
At least one additional on-lot parking space shall be provided for
each two guests for facilities offering overnight or long-term accommodations.
(3)
The applicant shall identify the type of home, and present any required
county and/or state certifications or licenses.
G.
Day-care facilities, all types. The purpose of this section is to
set forth standards for the three types of day care covered by this
chapter. (See Definitions section also.[2])
(2)
Group day-care homes.
(a)
Such operations must obtain any permits/certificates as required
by the Pennsylvania Department of Public Welfare.
(b)
Hours of operation shall not begin before 6:00 a.m. nor extend
beyond 8:00 p.m. (prevailing time).
(c)
Outdoor play areas shall be effectively screened from nearby
residential uses through fencing or screened planting.
(d)
At least one additional parking place shall be required.
(e)
The operator shall demonstrate how children shall be dropped
off and picked up considering their safety and the safety of other
pedestrian and vehicular traffic in the area.
(3)
Child day-care center.
(a)
Any outdoor play area shall be effectively screened from abutting
properties.
(b)
For all new construction, and where feasible for existing structures,
circular driveways shall be provided to deliver and pick up children
off public streets. These facilities are intended for the safety of
the children and the protection of the neighborhood. In any event,
the developer shall demonstrate how pickup and delivery shall occur
in a safe manner.
(c)
One parking space for each employee shall be required.
(d)
Such facilities must be licensed by the Pennsylvania Department
of Public Welfare.
H.
Convenience stores.
(1)
Any fuel pumps shall be at least 30 feet from the front lot line
and 30 feet from each side lot line.
(2)
No vehicle will be parked or stored along the front lot line except
on a short-term basis (less than 12 hours).
(3)
Any lot line abutting a residential use or district shall provide
appropriate screening. Such screening shall be at least six feet wide.
(4)
Canopy structures shielding gasoline pumps shall be no closer than
20 feet from the front lot line or may follow the average setback
of the structures adjacent on each side and 20 feet from each side
lot line.
(5)
Canopy height shall not exceed 17 feet overall, and canopy clearance
measured from finish grade to the lowest point on the canopy fascia
shall not exceed 13 feet nine inches.
I.
Bed-and-breakfast inns. Such uses are intended to provide overnight
or short-term (not more than two weeks) accommodations for transient
guests in a home-like atmosphere. The facility shall comply with state
law regarding such facilities and must meet the following regulations:
J.
Car washes. Car washes are subject to the following express standards
and criteria:
(1)
All drainage water from car washing operations shall be contained
on site, so as to not become a nuisance or hazard to adjoining properties,
berms, or roadways. Compliance with Borough water, stormwater and
sewer regulations shall be required.
(2)
All property lines adjoining residential use or zoning classification
shall be screened by a screen planting area as defined by this chapter
which is at least 10 feet in depth measured from the property line.
(3)
Outdoor areas for parking and queuing shall be covered with an impervious
surface, off the public right-of-way, and shall be maintained free
of debris and obstruction.
The Zoning Hearing Board shall have the power to authorize changes
of lawful nonconforming uses as follows:
A.
A nonconforming use which occupies a portion of a structure or premises
may be extended within such structure or premises as they existed
when the prohibitory provision took effect, but not in violation of
the area and yard requirements of the districts in which such structure
or premises are located.
B.
The Board may impose such conditions as it deems necessary for the
protection of adjacent property and the public interest.
Any person aggrieved by any decision of the Zoning Hearing Board
or any taxpayer or any officer of the Borough may, within 30 days
after a decision is rendered by the Board, appeal to the Court of
Common Pleas of Erie County, Pennsylvania, in accordance with Article
X-A of the Pennsylvania Planning Code.
