A.
Organization. The Zoning Hearing Board shall consist of three members
to be appointed by the Borough Council, one of whom shall be designated
to serve until the first day of January following the adoption of
the Zoning Ordinance, one until the first day of the second January
thereafter, and one until the first day of the third January thereafter.
On the expiration of their appointed terms, their successors shall
be appointed for a five-year term. Vacancies shall be filled for the
unexpired term of any member. At the expiration of a member's
term, he shall remain in office until he is reappointed or replaced.
B.
Procedure. The Board shall organize and adopt rules of procedure
not inconsistent with this chapter or the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
(1)
Meetings. Meetings of the Board shall be held at the call of
the Chairman and at such other times as the Board in its rules or
procedure may specify. The Chairman, or in his absence the acting
Chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings showing the vote of each member upon
each question, or if absent or failing to vote, indicating such fact,
and shall keep records of its examinations and other official actions.
The records of the Board shall be kept in the office of the Zoning
Inspector, and shall be a public record.
(2)
Quorum. Two members of the Board shall constitute a quorum.
The Board shall act by resolution. The concurring vote of two or more
members of the Board shall be necessary to reverse any order, requirement,
decision or determination by the Zoning Officer or other administrative
official or agency or to decide in favor of the appellant. The Board
may appoint a Hearing Officer from its membership to conduct any hearing
on its behalf and the parties may waive future action by the Board
as provided in Section 908, Act 247, Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See now 53 P.S. § 10908.
A.
Applications, by whom taken. Applications for special exception,
in cases in which the Board has original jurisdiction, under the provisions
of this chapter, shall be filed with the Zoning Officer who shall
transmit same to the Board.
B.
Appeals.
(1)
Appeals, when and by whom taken. Appeals may be taken by an
officer of the Borough, or by any other person aggrieved by any decision
of the Zoning Officer or other administrative official or agency.
Such appeal shall be taken within 30 days after said decision, by
filing with the Zoning Officer a notice of appeal specifying the grounds
thereof. The Zoning Officer shall arrange for the proper notices,
and shall bring the appeal before the Board at its next meeting. Nothing
contained herein shall be construed to deny to the appellant the right
to proceed directly to court, where appropriate, pursuant to PA Rules
of Civil Procedure, Sections 1091 to 1098[1] relating to mandamus.
[1]
Editor's Note: Rule 1097 was rescinded June 20, 1985, effective
January 1, 1986.
(2)
Stay of proceedings. An appeal shall stay all proceedings in
furtherance of the action appealed from, unless the Zoning Officer
shall certify to the Board, after the notice of appeal shall have
been filed with it, that by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board or by the Common
Pleas Court, after notice to the officer from whom the appeal is taken,
and on due cause shown.
(3)
Decision of the Board. The Board may in conformity with the
provisions of this article reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or determination appealed
from and shall make such order, requirement, decision or determination
as in its opinion ought to be made and to that end, shall have all
powers of the Zoning Officer from whom the appeal is taken.
(4)
Refiling of disapproved or withdrawn cases. If a case is disapproved
by the Board, thereafter the Board shall take no further action on
another case for substantially the same proposal on the same property,
until one year after the date of such disapproval. If a case before
the Board is advertised, and thereafter withdrawn by the applicant
before or at the meeting of the Board, he shall be precluded from
filing another application for substantially the same proposal on
the same premises for six months.
C.
Filing. The Board may require the applicant to furnish such information
as it deems necessary, when filing an application or appeal, and may
require specific forms to be used.
Upon filing of an appeal or application, the Board shall fix
a time and place for a hearing, and give due notice as follows:
A.
Public notice. "Public notice," notice given not more than 10 days
and not less than seven days in advance of any public hearing required
by Act 247, Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq. Such notice shall be published once in a newspaper of general
circulation in the municipality. Such notice shall state the time
and place of the hearing and the particular nature of the matter to
be considered at the hearing. Such notice shall also be conspicuously
posted on the affected tract of land.
B.
The hearings of the Board shall be public. However, the Board may
go into executive session.
C.
Adjourned hearings. Upon the day for hearing any application or appeal,
the Board may adjourn the hearing in order to permit the obtaining
of additional information or to cause such further notice as it deems
proper to be served upon such other property owners as it decides
may be substantially interested in said application or appeal. In
the case of an adjourned hearing, persons previously notified and
persons already heard need not be notified of the time of resumption
of said hearing unless the Board so decides, provided the Board publicly
states the date of hearing at the time, otherwise they shall be notified.
D.
Decisions of the Board. The Board shall decide all applications and
appeals within 45 days after the final hearing thereon. Notice of
decision shall be given to all parties so requesting. The Board's
decision shall be binding on the Zoning Officer, and he shall incorporate
the terms and conditions of the same in any permit issued. If the
Board does not render its decision within 45 days of the final hearing,
it shall be deemed that the Board has decided in favor of the party
making the request.
A.
Administrative review. The Board shall have the power to hear and
decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official, made
in the enforcement of this chapter.
B.
Special exceptions.
(1)
Special exceptions listed previously. The Board shall have the power to hear and decide requests for special exceptions set forth in this chapter as follows: §§ 231-206A, 231-401 through 231-409, 231-411, 231-413B, 231-614B, 231-614C, 231-615B and 231-701. In considering an application for special exception, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a special exception, the Board may impose such requirements and conditions with regard to location, construction, maintenance, and operation in addition to those expressly stipulated in this chapter for the particular special exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(2)
Temporary uses and permits. In addition to permitting the special
exceptions heretofore specified, the Board shall have authority to
hear and decide on requests for temporary structures and uses in any
district for a purpose or use that does not conform to the regulations
prescribed elsewhere in this chapter for the district in which it
is located, provided that such use be of temporary nature which does
not involve the erection of a substantial structure. Any request for
such structure or use, when approved, shall be granted in the form
of a temporary and revocable permit, for not more than a twelve-month
period, subject to such conditions as will safeguard the public health,
safety, convenience, and general welfare.
C.
Interpretations of the Zoning Map. Where the street or lot layout
actually on the ground, or as recorded, differs from the street and
lot lines as shown on the Zoning Map, the Board, after notice to the
owners of the property and after public hearing, shall interpret the
map in such a way as to carry out the intent and purpose of this chapter.
In case of any question as to the location of any boundary line between
zoning districts, a request for interpretation of the Zoning Map may
be made to the Board who, after a public hearing, shall decide all
questions of interpretation and shall make findings on all relevant
issues of fact, which shall become part of the record on appeal to
Court.
D.
Variances. On an appeal from an order, requirement, decision or determination
of the Zoning Officer, or any other administrative officer or agency,
the Board may grant a variance in the application of the provisions
of this chapter only if all of the following findings are made (except
for industrial variances, where a substantial number of persons will
be employed or retained where more flexibility may be exercised):
(1)
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 to circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
(2)
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.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
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.
(5)
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
Board may attach such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of this chapter.
E.
Specific limitations of powers of the Board.
(1)
The Board does not have the power to amend any zoning ordinance,
to rezone any land, to declare this chapter or any amendment thereto
invalid, or to allow any use not permitted by this chapter.
(2)
The fact that a property owner will suffer financial hardship
if not granted a special exception or a variance from the chapter
is of itself insufficient ground for granting a variance.
Any persons, jointly or severally aggrieved by any decision
of the Board or any taxpayer or any officer, department, board or
bureau of the Borough of Plymouth may present to the court of common
pleas of the county a petition, duly verified, setting forth that
such decision is illegal, in whole or in part, specifying the grounds
of the illegality. Such a petition shall be presented to the court
within 30 days after the filing of the decision in the office of the
Board.
