The membership of the Zoning Hearing Board shall
consist of three residents of the Borough appointed by Borough 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 Zoning
Hearing Board shall promptly notify Borough Council when vacancies
occur. Appointments to fill vacancies shall be only for the unexpired
portion of the term. Members of the Zoning Hearing Board shall hold
no other elected or appointed office in the Borough, nor shall any
member be an employee of the Borough.
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. 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 the ordinance.
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, the issuance of any
cease and desist order or the registration or refusal to register
any nonconforming use, structure or lot.
D. 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.
E. Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance pursuant to §
180-100.
F. 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
XI and §
180-101 of this chapter.
G. Appeals from the Zoning Officer's determination under
Section 916.2 of the Pennsylvania Municipalities Planning Code
(Act 247, as amended).
H. 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.
The Zoning Hearing 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 Zoning Hearing 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
XI. The Zoning Hearing 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
XI. In granting a use by special exception, the Zoning Hearing 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.