The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A. Substantive challenges to the validity of the City of Lancaster Zoning
Ordinance, except those landowner curative amendments brought before
the City Council pursuant to Sections 609.1 and 916.1 of the Pennsylvania
Municipalities Planning Code, as amended.
B. Challenges to the validity of this chapter raising procedural questions
or alleged defects in the process of enactment or adoption, which
challenges shall be raised by an appeal taken within 30 days after
the effective date of this chapter.
C. 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, or the issuance of any cease and
desist order.
D. Appeals from a determination by a municipal engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard provisions within this chapter.
E. Applications for variances from the terms of the Zoning Ordinance and flood hazard provisions within this chapter, pursuant to §§
300-68 and
300-39D, where applicable.
F. Applications for special exceptions under the Zoning Ordinance or floodplain or flood hazard provisions within this chapter, pursuant to §§
300-68 and
300-39D, where applicable.
G. Appeals from the determination of the Zoning Officer or municipal
engineer in the administration of any provisions of this chapter with
reference to erosion and sediment control and stormwater management
insofar as the same relate to development not involving applications
under the City of Lancaster Subdivision and Land Development Ordinance.
The Zoning Hearing Board shall hear and make decisions regarding
requests for special exceptions as provided for in this chapter. In
granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter. Decisions of the Board regarding special exceptions shall
not be granted by the Zoning Hearing Board unless and until:
A. A written application for a special exception shall be submitted indicating the section of this chapter under which the special exception is sought and shall be accompanied by such information as required by the Zoning Officer under §
300-58.
B. Notice of the hearing shall be given in accordance with §
300-66A.
C. A hearing shall be held pursuant to §
300-66. The applicant or his authorized agent shall be present at the hearing. Failure of an applicant or his authorized agent to appear may result in a denial of the special exception.
D. The Zoning Hearing Board shall make a finding that it is empowered
under the section of this chapter described in the application to
grant the special exception and that the grant of the special exception
will not adversely affect the public interest.
E. The applicant shall present evidence to the Zoning Hearing Board
that the application complies with all the specific requirements contained
in this chapter for the grant of such special exception. The applicant
shall also have the duty and burden to prove that the following items
have been satisfactorily addressed so that the health, safety and
welfare of the neighborhood will be protected.
(1) Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe;
(2) Off-street parking and loading areas, where required, with particular attention to the items in Subsection
E(1) above;
(3) The noise, glare, odor, vibration and other nuisance or hazard effects
of the special exception on adjoining properties and properties generally
in the district, particularly in consideration of any late night or
early morning hours of operation;
(4) Refuse and service areas, with particular reference to the items in Subsection
E(1),
(2) and
(3) above;
(5) Utilities, with reference to locations, availability and compatibility;
(6) Screening and buffering with reference to type, dimensions, and character;
(7) Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, and compatibility and harmony with properties in the
district;
(8) Required yards and other open space;
(9) Impacts on historically significant structures;
(10)
General compatibility with adjacent properties and other property
in the district.
F. The Zoning Hearing Board may prescribe a time limit within which
the action for which the special exception is required shall be begun
or completed, or both. Failure to begin or complete, or both, such
action within the time limit set shall void the special exception.
If the Board does not prescribe a time limit, the special exception
shall become null and void if no activity occurs within nine months
from the date of approval by the Zoning Hearing Board. Activity shall
include the submission of development or building plans to the City
for additional approvals.
G. If a special exception is granted by court order and no time limit
has been prescribed, the special exception shall become null and void
if no activity occurs within nine months from the date of the court
order.
H. Consideration shall be given to the accommodation of persons with
disabilities. After the Zoning Officer receives a complete written
application, the Zoning Hearing Board shall have the authority to
grant a special exception allowing modifications to specific requirements
of this chapter if the applicant proves to the satisfaction of the
Zoning Hearing Board that such modifications are required under applicable
federal law to provide a "reasonable accommodation" to serve persons
who the applicant proves have "disabilities" (as defined in and protected
by federal laws). This provision provides a process for local relief,
without necessarily needing to prove that a hardship exists under
the zoning variance standards. This process also recognizes that federal
statutes and case law on this matter may change over time.
(1) Such reasonable accommodation shall be requested, in writing, in
accordance with the U.S. Fair Housing Act amendments and/or the Americans with Disabilities Act, as amended, and/or under closely related laws and regulations
of the Commonwealth of Pennsylvania.
(2) If the applicant is requesting a reasonable accommodation for persons
with disabilities, the applicant shall identify the following:
(a) The disability which is protected by such statutes;
(b) The extent of the modification of the provisions of this chapter
necessary for a reasonable accommodation; and
(c) The manner by which the reasonable accommodation requested may be
removed when such person(s) with a protected disability no longer
will be present on the property.
(3) Any modification approved under this section may be limited to the
time period during which persons with disabilities occupy or utilize
the premises.
(4) For example, this subsection may be utilized in the following instances:
(a) When a zoning requirement might otherwise interfere with the construction
of a wheelchair ramp; or
(b) If an applicant proves that federal law requires the City to allow
a higher number of unrelated persons with disabilities in a dwelling
unit than would otherwise be allowed.
(5) The applicant may be a person(s) with disabilities, or his/her authorized
agent, or a property-owner, lessee or other entity who is serving
persons with disabilities.
The Board shall hear requests for variances from the terms of
this chapter where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. 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, such
as, but not limited to, limits upon late night or early morning hours
of operation. Decisions of the Board regarding variances shall be
made in accordance with the following standards and criteria:
A. A written application for a variance shall be submitted indicating the section of this chapter under which a variance is sought and shall be accompanied by such information as required by the Zoning Officer under §
300-58.
B. Notice of the hearing shall be given in accordance with §
300-66A.
C. A hearing shall be held pursuant to §
300-66. The applicant or his authorized agent shall be present at the hearing. Failure of an applicant or his authorized agent to appear may result in a denial of the variance.
D. The written application for the variance shall demonstrate the following,
when relevant:
(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 the 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:
(a)
Alter or detract from the essential character of the neighborhood
or district in which the property is located;
(b)
Have an adverse impact on a historically significant structure
that could be reasonably avoided;
(c)
Substantially or permanently impair the appropriate use or development
of adjacent property; nor
(d)
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.
E. The Zoning Hearing Board shall make findings that the requirements of Article
XII,§
300-69D, have been met by the applicant for a variance.
F. The Zoning Hearing Board shall further make a finding that the reasons
set forth in the application justify the granting of the variance,
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building, or structure.
G. The Zoning Hearing Board shall further make a finding that the granting
of the variance will be in harmony with the general purpose and intent
of this chapter, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
H. The Zoning Hearing Board may prescribe a time limit within which
the action for which the variance is required shall be begun or completed,
or both. Failure to begin or complete, or both, such action within
the time limit set shall void the variance. If the Board does not
prescribe a time limit, the variance shall become null and void if
no activity occurs within nine months from the date of approval by
the Zoning Hearing Board. Activity shall include the submission of
development or building plans to the City for additional approvals.
I. If a variance is granted by court order and no time limit has been
prescribed, the variance shall become null and void if there is not
an application for City permits or other evidence of activity to seek
governmental approvals or to start construction within nine months
from the date of the court order.
The Lancaster City Council shall hear and make decisions regarding
requests for conditional uses as provided for in this chapter. In
granting a conditional use, the City Council may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter. In addition, the City Council may seek the recommendation
of the Lancaster City Planning Commission prior to rendering a decision.
Decisions regarding conditional uses shall not be granted by the City
Council unless and until:
A. A written application for a conditional use shall be submitted indicating the section of this chapter under which the conditional use is sought and shall be accompanied by such information as required by the Zoning Officer under §
300-58.
B. Notice of the hearing before the City Council shall be given in accordance with §
300-66A.
C. A hearing shall be held pursuant to §
300-66. The applicant or his authorized agent shall be present at the hearing. Failure of an applicant or his authorized agent to appear may result in a denial of the conditional use.
D. The Lancaster City Council shall make a finding that it is empowered
under the section of this chapter described in the application to
grant the conditional use and that the grant of the conditional use
will not adversely affect the public interest.
E. The applicant shall present evidence to the City Council that the
application complies with all the specific requirements contained
in this chapter for the grant of such conditional use. The applicant
shall also have the duty and burden to prove that the following items
have been satisfactorily addressed so that the health, safety and
welfare of the neighborhood will be protected.
(1) Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required, with particular attention to the items in Subsection
E(1) above;
(3) The noise, glare, odor, and vibration effects of the conditional
use on adjoining properties and properties generally in the district;
(4) Refuse and service areas, with particular reference to the items in Subsection
E(1),
(2) and
(3) above;
(5) Utilities, with reference to locations, availability and compatibility;
(6) Screening and buffering with reference to type, dimensions, and character;
(7) Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, and compatibility and harmony with properties in the
district;
(8) Required yards and other open space;
(9) General compatibility with adjacent properties and other property
in the district, including consideration of any late night hours of
operation or late night truck deliveries.
F. The Lancaster City Council may prescribe a time limit within which
the action for which the conditional use is required shall be begun
or completed, or both. Failure to begin or complete, or both, such
action within the time limit set shall void the conditional use. If
the Council does not prescribe a time limit, the conditional use shall
become null and void if no activity occurs within nine months from
the date of approval by the City Council. Activity shall include the
submission of development or building plans to the City for additional
approvals.
G. If a conditional use is granted by court order and no time limit
has been prescribed, the conditional use shall become null and void
if no activity occurs within nine months from the date of the court
order.