[Ord. 7903, passed 11-12-2009]
(a)Â
In accordance with Article IX of the Pennsylvania Municipalities
Planning Code, a Zoning Hearing Board shall be appointed and organized,
which Board may adopt rules to govern 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 the last hearing
or continued hearing, all as required by law. For the filing of any
appeal or proceeding with the Board, a fee shall be charged in accordance
with a schedule annually fixed by Council.
(b)Â
Except as provided in the Pennsylvania Municipalities Planning Code
as amended, the Board shall have no power to pass upon the validity
of any provision of an ordinance or map adopted by the City.
[Ord. 7903, passed 11-12-2009]
(a)Â
Any person or City official aggrieved or affected by any provision
of this Zoning Ordinance 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 Zoning Ordinance.
All appeals and applications made to the Board shall be in writing
on forms prescribed by the Board.
(b)Â
Every appeal or application shall refer to the specific provision
of the Zoning Ordinance involved, and shall set forth exactly the
interpretation that is claimed, the use for which the special permit
is sought, or the details of the variance that applied for and the
grounds on which it is claimed the variance should be granted.
(c)Â
The hearings shall be conducted in accordance with the Pennsylvania
Municipalities Planning Code as amended. The 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 finding by the Board and accept the decision
of the hearing officer as final.
(d)Â
Where the Board has jurisdiction over a zoning matter, it shall also
hear all appeals which an applicant may elect to bring before it with
respect to any City ordinance or requirement pertaining to the same
development plan or development. In any such case, the Board shall
have no power to pass upon the non-zoning issues, but shall take evidence
and make a record thereof as provided in the Pennsylvania Municipalities
Planning Code. At the conclusion of the hearing, the Board shall make
findings on all relevant issues of fact which shall become part of
the record on appeal to court.
[Ord. 7903, passed 11-12-2009]
(a)Â
In accordance with Section 910.2 of the Pennsylvania Municipalities
Planning Code, the Zoning Hearing Board, upon appeal, shall have the
power to authorize variances from the provisions of this Zoning Ordinance
provided that all of the following findings are made where relevant
in a given case:
(1)Â
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.
(2)Â
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.
(3)Â
That such unnecessary hardship has not been created by the appellant.
(4)Â
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)Â
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.
(b)Â
In granting a variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this Act and the Zoning Ordinance.
[Ord. 7903, passed 11-12-2009]
(a)Â
The Zoning Hearing Board shall have the power to decide applications
for special exceptions as specified in this Zoning Ordinance, in harmony
with its general purpose and intent and in accordance with the standards
set forth in Article 1329 and the following standards and criteria:
(b)Â
In interpreting and applying the provisions of this Zoning Ordinance,
they shall be held to be the minimum requirements for the health,
safety, and general welfare of the City.
(c)Â
In granting the 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 the Pennsylvania
Municipalities Planning Code, as amended, and the Zoning Ordinance.
[Ord. 7903, passed 11-12-2009]
(a)Â
In cases involving performance standards, the Zoning Hearing Board
may require a plan of the proposed construction or development, a
description of machinery proposed and specifications for the mechanisms
and techniques to be used.
(b)Â
The Board may obtain qualified expert consultants to testify as to
whether a proposed use will conform to the performance requirements.
The cost of such services shall be borne by the applicant.
[Ord. 7903, passed 11-12-2009]
The Zoning Hearing Board shall have the power to authorize changes
of lawful nonconforming uses as follows in accordance with Section
1331.01:
(a)Â
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 district in which such structure
or premises are located.
(b)Â
The Board may impose such conditions as it deems necessary for the
protection of adjacent property and the public interest. No change
of a nonconforming use shall entail structural alterations beyond
those required by law for the purpose of safety and health.
[Ord. 7903, passed 11-12-2009]
Public notice of any public hearing/public meeting shall be
given in accord and as defined in "public notice" of Article 1322,
Definitions.
