The membership of the Zoning Hearing Board shall consist of
three residents of the Borough appointed by Council. Their terms of
office shall be three years and shall be so fixed that the term of
office of one member shall expire each year. The Board shall promptly
notify Council when vacancies occur. Appointments to fill vacancies
shall be only for the unexpired portion of the term. Members of the
Board shall hold no other office in the Borough, including membership
on the Planning Commission and Zoning Officer.
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in the office or for other just cause by
a majority vote of Borough Council taken after the member has received
15 days' advance notice of the intent to take such vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudication in the following matters:
A. Substantive challenges to the validity of any land use ordinance,
except curative amendments brought before Borough Council.
B. Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
C. Appeals from a determination by the Borough Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
D. Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance pursuant to Section §
170-1206.
E. Applications for uses by special exception under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Article
7 and §
170-1207 of this chapter.
F. Appeals from the Zoning Officer's determination under Section
916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as
amended).
G. Appeals from the 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
subdivision and land development or planned residential development.
H. Appeals from decisions of the Zoning Officer with respect to requests for reasonable accommodation under the Fair Housing Act Amendments or the Americans with Disabilities Act. In hearing such an appeal, the Board shall apply the criteria set forth in §
170-1105B of this chapter. In granting a request for reasonable accommodation, the Board may attach such reasonable safeguards and/or limitations as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare in a manner consistent with the requirements of the Fair Housing Amendments Act or the Americans with Disabilities Act.
I. In handling a request for reasonable accommodation, the Board shall
be governed by the provisions of this article to the fullest extent
as may be consistent with the Fair Housing Act Amendments and the
Americans with Disabilities Act.
The Board, upon appeal, shall have the power to authorize variances
from the requirements of this chapter, and to attach such conditions
to the variance as it deems necessary to assure compliance with the
purposes of this chapter. A variance may be granted if all of 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 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 or development
of adjacent property, nor be detrimental to the public welfare.
E. That the variance, if authorized, will represent the minimum variance
necessary to afford relief and will represent the least modification
possible of the regulation in issue.
The Board shall have the power to hear and decide on applications for uses by special exception as authorized by this chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in Article
7. The Board shall approve a use by special exception only if it meets all applicable requirements of this chapter and the express standards and criteria set forth in Article
7. In granting a use by special exception, the Board may attach such reasonable safeguards in addition to those expressed in this chapter as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.