[Ord. 1052, passed 4-22-1991]
The Zoning Hearing Board shall hold hearings on appeals from
rulings of the Zoning Officer, challenges to the validity of the Zoning
Code or Zoning Map, and requests for variances, special exceptions
or changes to other nonconforming uses. The hearing shall be held
within 60 days of receipt of written request for a hearing, unless
the applicant has agreed in writing to an extension of time. Any prescribed
fees shall be paid prior to the hearing.
[Ord. 741, passed 7-3-1978]
The Zoning Hearing Board shall hear and decide appeals where
it is alleged that the Zoning Officer has failed to follow prescribed
procedures or has misinterpreted or misapplied any provision of a
valid code or map.
[Ord. 741, passed 7-3-1978]
The Zoning Hearing Board shall hear challenges to the validity
of the Zoning Code or Zoning Map except challenges based on an alleged
defect in the process of enactment or adoption. The Board shall decide
all contested questions and shall make findings on all relevant issues
of fact which shall become part of the record on appeal to the Court
of Common Pleas.
[Ord. 741, passed 7-3-1978]
The Zoning Hearing Board shall hear and decide requests for
variances where it is alleged that the provisions of the Zoning Code
inflict unnecessary hardship upon the applicant.
The Board may grant a variance provided the following findings
are made where 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 provisions of the Zoning Code 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 Code 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 applicant;
(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.
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In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this Code.
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[Ord. 741, passed 7-3-1978; Ord. 1215, passed 5-24-1999]
The Zoning Hearing Board shall hear and decide requests for
special exceptions for:
(a)
Gas station as a principal use in C-3 Commercial District;
(b)
Playground and/or neighborhood park as a principal use in an R-1
or R-2 Residential District;
(c)
Convenience business in apartment buildings; and
(d)
Higher fences (up to six feet) on lot lines adjacent to a swimming
pool or to an unsightly commercial facility when the Board deems such
a fence to be of benefit to all parties involved.
(e)
Sexually oriented business in the D-Development District.
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The decision shall be based on the standards and criteria stated
in this Code. In granting a special exception, the Board may attach
such reasonable conditions as it may deem necessary to implement the
purposes of the Pennsylvania Municipalities Planning Code and this
Zoning Code.
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[Ord. 741, passed 7-3-1978]
The Zoning Hearing Board shall hear and decide requests for
a change from an existing nonconforming use to another nonconforming
use. The proposed use may not detract from the character of the neighborhood
to a greater extent than the existing use. The Board shall evaluate
any change in hours of operation, extent of activity, traffic generated,
noise and any other appropriate matters in deciding if the proposed
use is or is not more nonconforming than the existing use. In permitting
such a change, the Board may require appropriate conditions and safeguards.
[Ord. 1052, passed 4-22-1991]
Time and place of the hearing and nature of the matter to be
considered at a hearing shall be given to the public, the applicant,
the Zoning Officer and any person who has made a timely request for
same. The notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the Town with the first
advertisement not more than 30 days and the second advertisement not
less than seven days prior to the hearing. Notice shall be posted
on the Town bulletin board and conspicuously posted on the affected
tract of land at least one week prior to the hearing.
[Ord. 741, passed 7-3-1978]
The parties to the hearing shall be the Town, any person affected
by the application who has made timely appearance of record before
the Board and any other person, including civic or community organization
permitted to appear by the Board. The parties shall have the right
to be represented by counsel and shall be afforded the opportunity
to respond and present evidence and argument and cross-examine adverse
witnesses on all relevant issues.
[Ord. 741, passed 7-3-1978]
The Chairman or Vice Chairman of the Zoning Hearing Board shall
have the power to administer oaths and issue subpoenas to compel the
attendance of witnesses and the productions of relevant documents
and papers including witnesses and documents requested by the parties.
Formal rules of evidence shall not apply but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
[Ord. 741, passed 7-3-1978]
The Zoning Hearing Board shall not communicate directly or indirectly
with any party or his representative in connection with any issue
involved except upon notice and opportunity for all parties to participate,
shall not take notice of any communication, reports, staff memoranda
or other materials unless all parties are afforded an opportunity
to contest the materials, and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
[Ord. 1052, passed 4-22-1991]
The Zoning Hearing Board shall keep a stenographic record of
the proceedings. The appearance fee for a stenographer shall be shared
equally by the applicant and the Board. The cost of the original transcript
shall be paid by the Board if the transcript is ordered by the Board
or hearing officer, or shall be paid by the person requesting such
copy or copies. In other cases the party requesting the original transcript
shall bear the cost thereof. Copies of the graphic or written material
received in evidence shall be made available to any party at cost.
[Ord. 1052, passed 4-22-1991]
(a)
A copy of the final decision and/or findings shall be mailed to the
applicant not later than the day following its date. The Zoning Hearing
Board shall provide a brief notice of the decision or findings to
all other persons who have filed a written request for same. Should
more than 60 days elapse between receipt of a written request for
a hearing and the start of the hearing, or more than 45 days elapse
between the end of the last hearing and a written decision, a decision
shall be deemed to have been rendered in favor of the applicant unless
the applicant has agreed in writing to an extension of time.
(b)
When a decision has been rendered in favor of the applicant because
of the failure of the Board to meet or render a decision, the Board
shall give public notice of such decision within 10 days after the
last day that the Board could have met.
[Ord. 741, passed 7-3-1978]
Any decision or findings of the Zoning Hearing Board may be
appealed to court by any party to the hearing within 30 days from
the date of the decision or findings.
[Ord. 1216, passed 5-24-1999]
(a)
The Zoning Hearing Board shall hear and decide requests for special
exceptions as stated in this ordinance. A Special Exception shall
not be granted by the Zoning Hearing Board unless and until:
(1)
A written application for a special exception is submitted stating
the grounds on which it is requested.
(2)
The Zoning Hearing Board shall conduct a public hearing in accordance
with the procedures specified in Article 1349.
(3)
The Zoning Hearing Board, before it grants a Special Exception,
shall make findings of fact and state its reasons for granting the
Special Exception, said findings of fact to include:
A.
That the use will not endanger the public health or safety if
located where proposed and developed and that the use will not allow
conditions which will tend to generate nuisance conditions including
but not limited to noise, dust, glare, vibration;
B.
That the use meets all applicable express standards and criteria
as specified in this ordinance, as well as the specifications set
forth in the district where it is proposed to be located; and
C.
That the location and the character of the use, if developed
according to the plan as submitted and approved, will be in harmony
with the area in which it is to be located and in general conformity
with the Comprehensive Plan for the Town of McCandless.
(b)
To insure the establishment of the above conditions, the Zoning Hearing
Board shall have the authority to require and approve specific plans
and may attach such reasonable conditions and safeguards as it deems
necessary to protect the public health, safety and welfare.
