The governing body shall appoint a Zoning Hearing Board which shall be composed of three members, organized, empowered and conducted in accordance with Article IX of the Pennsylvania Municipalities Planning Code existing or hereafter as amended and supplemented (the "Code"). The duly established Zoning Hearing Board shall have the following functions:
A.
Hearings. The Zoning Hearing Board shall conduct hearings
and make decisions in accordance with Section 908 of the Code. Written
notice shall be given to the public, the applicant, the County Planning
Commission, the Zoning Officer, such other persons as the Zoning Hearing
Board shall designate and any person who had made timely request for
the same. Notices shall be given at such time and in such manner prescribed
by adopted rules of the Zoning Hearing Board. The governing body may
establish reasonable fees, based on cost, to be paid by the applicant
and persons requesting any notice or materials not required by ordinance.
B.
Jurisdiction. The Zoning Hearing Board shall have
exclusive jurisdiction to hear and render final adjudications in the
following matters:
(1)
Substantive challenges to the validity of the Zoning
or Subdivision and Land Development Ordinance, except those brought
before the governing body pursuant to Sections 609.1 and 916.1(a)(2)
in Act 247.
(2)
Challenges to the validity of a land use ordinance
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 said ordinance.
(3)
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.
(4)
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 provision within a land
use ordinance.
(5)
Applications for variances from the terms of the Zoning
Ordinance or such provisions within the Subdivision and Land Development
Ordinance, pursuant to Section 910.2 in Act 247.
(6)
Applications for special exceptions under the Zoning
Ordinance or such provisions within the Subdivision and Land Development
Ordinance, pursuant to Section 912.1 in Act 247.
(7)
Appeals from the determination of any officer or agency
charged with the administration of any transfers of development rights
or performance density provisions of the Zoning Ordinance.
(8)
Appeals from the Zoning Officer under Section 916.2
in Act 247.
(9)
Appeals from determination of the Zoning Officer or Borough Engineer in the administration of the Subdivision and Land Use Ordinance or any provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving Article V or VII applications in Act 247.
C.
Variances.
(1)
The Zoning Hearing Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant.
(2)
The Zoning Hearing Board shall prescribe the form
of application and require application to the Zoning Officer.
(3)
The Zoning Hearing 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 ordinance in the neighborhood
or district in which the property is located; and
(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 Ordinance,
and that the authorization of a variance is therefore necessary to
enable the reasonable use of the property; and
(c)
That such unnecessary hardship has not been
created by the appellant; and
(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 represent the least
modification possible of the regulation in issue.
(4)
In granting any variance, the Zoning Hearing Board
may attach such reasonable conditions and safeguards as it may deem
necessary to implement the purposes of this chapter and of the Municipalities
Planning Code.
The Zoning Hearing Board shall adopt rules in
accordance with the provisions of this chapter. Such rules shall include,
but shall not be limited to, the manner of filing appeals, the manner
of filing applications for special exceptions and variances from the
terms of this chapter, and the manner of giving notice of public hearings.
Meetings of the Zoning Hearing Board shall be
held at the call of the Chair and at such other times as the Board
may determine. Such Chair or, in his or her absence, the Acting Chair
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 it examinations and other official actions, all of
which shall be immediately filed in the office of the Board and shall
be a public record.
Appeals to the Zoning Hearing Board may be taken
by any person aggrieved by or any officer of the Borough affected
by any decision of the Zoning Officer. Such appeal shall be taken
within a reasonable time, as provided by the rules of the Board, by
filing with the officer from whom the appeal is taken and with the
Zoning Hearing Board a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken.
Upon the filing with the Zoning Hearing Board
of an appeal, the Zoning Hearing Board shall fix a reasonable time
and place for a public hearing and shall, in the manner prescribed
by its rules, give public notice thereof, as well as due notice to
the parties in interest, who shall be at least those persons whose
properties adjoin the property in question, and shall decide the same
within a reasonable time. Any party may appear at a hearing, in person
or by agent or by attorney.
Any person or persons aggrieved by any decision
of the Zoning Hearing Board or any taxpayer or any officer of the
Borough may, within 30 days after such decision of the Board, appeal
to the Court of Common Pleas of the county by petition, duly verified,
setting forth that such decision is arbitrary, capricious and an abuse
of discretion or otherwise not in accordance with law and specifying
the grounds upon which he or she relies.
In any instance where the Zoning Hearing Board
is required to consider an exception or variance in the Zoning Chapter
or Map in accordance with the provisions of this chapter, the Zoning
Hearing Board shall, among other things:
A.
Assure itself that the proposed exception or variance
is consistent with the spirit, purpose and intent of the Zoning Chapter.
B.
Determine that the proposed change will not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood and that the use of the property adjacent
to the area included in the proposed change or plan is adequately
safeguarded.
C.
Determine that the proposed change will serve the
best interests of the Borough, the convenience of the community (where
applicable) and the public schools.
D.
Consider the effect of the proposed change upon the
logical, efficient and economical extension of public services and
facilities, such as public water, sewers, police and fire protection
and public schools.
E.
Be guided in its study, review and decision by sound
standards of subdivision practice, where applicable.
F.
Impose such conditions, in addition to those required by Article XIII, as are necessary to assure that the intent of the Zoning Chapter is complied with, which conditions may include but are not limited to harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements and adequate standards of parking and sanitation.
G.
Require a labor and industry occupancy permit.
A variance or special exception granted by the
Zoning Hearing Board shall expire if the proposed use or structure
contemplated by said variance or special exception has not been completed
within 12 months following the date of approval.
