This chapter shall apply throughout Riverside Borough. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 285-8A.
This chapter is hereby adopted:
B.
To carry out the following major community development objectives:
(1)
To make sure that development carefully relates to natural features,
and to avoid overly intense development of environmentally sensitive
land;
(2)
To avoid overextending groundwater supplies, and to encourage groundwater
recharge, and to protect the quality of groundwater and surface waters;
(3)
To promote traditional styles of development;
(4)
To promote compatibility between land uses;
(5)
To seek coordinated development and roads across municipal borders;
(6)
To provide for a variety of residential densities and meet legal
obligations to provide opportunities for all housing types;
(7)
To direct higher-density development to areas that are physically
suitable, accessible by major roads and that have the potential of
central water and sewage services;
(8)
To coordinate development with future central water and sewage service
areas;
(9)
To direct industrial development to locations that will minimize
conflicts with homes;
(10)
To direct commercial businesses to existing commercial areas,
while avoiding new strip commercial areas that would cause traffic
congestion and safety problems and conflicts with homes;
(11)
To promote new business development in appropriate areas that
will provide additional tax revenue and job opportunities;
(12)
To promote public health, safety and general welfare;
(13)
To promote mixed-use development, where appropriate;
(14)
To promote compact forms of development, where appropriate;
(15)
To promote connectivity of streets and pedestrian paths; and
(16)
To promote pedestrian-friendly and bicycle-friendly patterns
of development.
A.
Applicability.
(1)
Any of the following activities or any other activity regulated by
this chapter shall only be carried out in conformity with this chapter:
(2)
Zoning permit. A zoning permit indicates that a zoning application
complies with this chapter to the best knowledge of the applicable
Borough staff.
(a)
A zoning permit is required to be issued prior to the start
of any of the following activities:
[1]
Erection, construction, movement, placement, relocation or expansion
of a structure, building or sign;
[2]
Change of the type of use or expansion of the use of a structure
or area of land;
[3]
Creation of a new use;
[4]
Demolition of a building or partial demolition of the exterior
of a building;
[6]
Construction or installation of any animal waste impoundment,
lake, pond, dam or other water retention basin.
(b)
The Borough may, at its option, issue combined or separate building
permits and zoning permits and/or may utilize a single or separate
application for the permits.
B.
Repairs and maintenance. Ordinary repairs and maintenance to existing
structures that do not involve an expansion or change of a use or
structure shall not by itself be regulated by this chapter. Examples
of such work include replacement of a roof or porch that does not
involve enclosure of space. (However, a construction permit under
the Construction Codes may be needed for such work.)
C.
Types of uses.
(1)
Permitted by right uses. The Zoning Officer shall issue a permit
under this chapter in response to an application for a use that is
permitted by right if it meets all of the requirements of this chapter.
(2)
Special exception use or application requiring a variance. A permit
under this chapter for a use requiring a special exception or variance
shall be issued by the Zoning Officer only in response to a written
approval by the Zoning Hearing Board following a hearing.
D.
Applications.
(1)
Submittal. All applications for a zoning permit or a decision by
the Zoning Hearing Board shall be made in writing on a form provided
by the Borough. Such completed application, with required fees, shall
be submitted to a designated Borough staff person.
(2)
Site plan. The applicant shall submit a minimum of two copies of
a site plan with the application if the application involves a new
building, expansion of a building or addition of three or more parking
spaces. The site plan shall be drawn to scale and show the following:
(a)
Locations, dimensions and uses of existing and proposed structures,
parking and loading areas, and locations of existing and proposed
uses of areas of land, with existing features clearly distinguished
from proposed features.
(b)
Notes showing the dimensions of all buildings from lot lines
and street rights-of-way.
(c)
Locations of any watercourses and any one-hundred-year floodplain.
(d)
Proposed lot areas, lot widths and other applicable dimensional
requirements.
(e)
Locations and widths of existing and proposed sidewalks.
(f)
A North arrow and scale.
(3)
Additional information. Any application under this chapter shall
include the following information, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
chapter:
(a)
The address of the lot;
(b)
The name and address of the applicant, and of the owner of the
property if different from the applicant;
(c)
If the applicant is not the landowner of record, information
shall be presented with the application, such as an agreement of sale
or lease, to demonstrate that the applicant has the legal right to
make the application;
(d)
A current deed or evidence of equitable ownership, if the Zoning
Officer believes there is a question about ownership by the applicant
for the property;
(e)
A description of the existing and proposed use(s) of the property,
with the proposed use described in sufficient detail for the Zoning
Officer to determine compliance with this chapter;
(f)
All other applicable information listed on the official Borough
application form;
(g)
If the applicant is incorporated, the legal names and day telephone
numbers of officers of the organization/corporation;
(h)
Such additional information that the Zoning Officer may determine
is reasonably necessary to determine compliance with this chapter;
and
(i)
A listing of all conditional uses, special exception approvals
and/or variances which the applicant is requesting and/or a description,
with a date, of any such approvals that were previously granted for
this property that relate to this application.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential operations and
storage in sufficient detail to indicate potential nuisances and hazards
regarding noise, large truck traffic, glare, odors, dust, fire or
toxic or explosive hazards or other significant public health and
safety hazards;
[2]
A list of the maximum hours of operation;
(c)
The existing directions of stormwater flow (and any proposed
revisions), and any proposed methods of stormwater management;
(d)
A listing of any sections of this chapter for which a variance
is being requested or another appeal being made, with the reasons
for such request;
(e)
Approximate locations of principal buildings and locations of
streets and alleys and zoning district boundaries within 100 feet
of the boundaries of the tract, and a description of uses of adjoining
properties (such as a drugstore or single-family detached dwelling);
(f)
Heights, locations, methods of illumination and intensity of
exterior lighting and sign lighting;
(g)
The name and address of the person who prepared the site plan;
(h)
A signed acknowledgment of the application by the applicant;
and
(i)
Such additional information required under applicable sections
of this chapter.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any other zoning
approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a state road, a Borough
zoning or building permit shall be automatically conditioned upon
issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold or suspend
a permit or approval issued under the provisions of this chapter in
case of one or more of the following:
(a)
Any false statement or misrepresentation of fact in the application
or on the plans on which the permit or approval was based (NOTE: The
Pennsylvania Crimes Code[2] provides for penalties for providing false information
to a municipal employee in the carrying out of his/her duties.);
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
(b)
Upon violation of any condition lawfully imposed by the Zoning
Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or structures in
such a way that does not comply with this chapter or an approved site
plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A party with legitimate standing, or as otherwise provided
by state law, may appeal decisions under this chapter within the provisions
of the Pennsylvania Municipalities Planning Code.[3] Any such appeal shall occur within the time period established
in the Pennsylvania Municipalities Planning Code. (As of the adoption
date of this chapter, such provisions were in Sections 914.1 and 1002-A.[4])
G.
Zoning permit for temporary uses and structures.
(1)
Temporary uses.
(a)
A zoning permit for a temporary use or structure may be issued
for customary, routine and accessory short-term special events, provided
that:
[1]
Only a nonprofit organization, governmental agency or a permitted
place of worship proposing a temporary use to clearly primarily serve
a charitable, public service or religious purpose or a Borough-sponsored
festival or Borough-sponsored special event shall be eligible to receive
approval for commercial-type activities in a district where a commercial
use would not otherwise be permitted;
[2]
Such total events shall each be limited to a maximum of 10 total
days per calendar year; and
[3]
The applicant shall prove to the Borough that sufficient parking
and traffic control will be available for the special event, without
obstructing parking that is required to serve other uses on the site.
(b)
A zoning permit may be issued for temporary storage and office
trailers that are necessary to serve on-site construction while such
construction is actively underway under a valid Borough permit.
(c)
In addition, Christmas tree sales shall be allowed by right
in commercial and industrial districts and on property owned by a
fire company or the Borough.
(d)
The Borough may also approve the construction of a model home,
which is used as a sales office in a development, provided the building
is converted to a dwelling when the development is complete. Alternatively,
a modular sales office may be allowed by the Borough, provided it
is removed completely when the development is complete.
(2)
Time period. The Zoning Officer shall state a reasonable maximum
time period on the temporary permit. If no time limit is stated, then
a seven-day maximum period shall apply. A temporary permit may be
renewed for just cause.
(3)
Temporary retail sales.
(a)
Except as may otherwise be allowed by Subsection G(1) above, a lot shall only be used for temporary retail sales if all of the following conditions are met:
[1]
The property shall be located within a zoning district that
allows retail sales.
[2]
No more than 5% of the off-street parking spaces shall be obstructed
by tents or structures that are required to serve permanent uses on
the lot.
[3]
Any signs visible from a public street shall comply with this
chapter.
[4]
If food or beverages are sold that are not prepackaged, the
applicant shall prove compliance with state health regulations, including
having on-site facilities for workers to wash their hands.
[5]
A zoning permit shall be required from the Borough, which shall
be displayed while the activity is open for business.
[6]
The application may be rejected if the Zoning Officer has reason
to believe that the activity would obstruct safe sight distances.
[7]
Any fireworks sales or storage shall only occur in a building
that has met Borough Construction Code[5] and firesafety inspections, and the operator of any fireworks
sales use shall make any area or vehicle used for fireworks sales
or storage available for regular inspection by local police and fire
officials.
H.
Compliance with Chapter 250, Subdivision and Land Development. If an application under this chapter would also be regulated by Chapter 250, Subdivision and Land Development, of the Code of the Borough of Riverside, then any permit or approval under this chapter shall automatically be conditioned upon compliance with Chapter 250, Subdivision and Land Development. See the definitions of "land development" and "subdivision" in Chapter 250, Subdivision and Land Development, of the Code of the Borough of Riverside.
(1)
For example, if an applicant applies for a single-family detached
dwelling on a proposed new lot, the construction permit for such dwelling
shall not be valid until after the lot is granted final subdivision
approval and the lot is officially recorded by the County Recorder
of Deeds.
A.
After receiving a proper application, the Zoning Officer shall either
issue the applicable permit(s) or deny the application(s) as submitted,
indicating one or more reasons.
B.
After the permit under this chapter has been issued, the applicant
may undertake the action specified by the permit, in compliance with
other Borough ordinances. However, it is recommended that applicants
wait 30 days to begin construction if there is a possibility of an
appeal by another party to have the permit revoked. Any commencement
of construction or a use within this thirty-day appeal period shall
be at the risk of the applicant.
A.
Minimum requirements. Where more than one provision of this chapter
controls a particular matter, the provision that is more restrictive
upon uses and structures shall apply. The provisions of this chapter
are in addition to any other applicable Borough ordinance.
B.
Uses not specifically regulated. If a use clearly is not permitted
by right as a conditional use or as a special exception use by this
chapter within any zoning district, the use is prohibited, except
that the Zoning Hearing Board may permit such use as a special exception
use if the applicant specifically proves, to the clear satisfaction
of the Zoning Hearing Board, that all of the following conditions
would be met:
(1)
The proposed use would be no more intensive with respect to external
impacts and nuisances than uses that are permitted in the district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 285-65F;
(3)
The use would meet the standards that would apply under § 285-20 to a special exception use; and
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of chapter text and boundaries.
(1)
The Zoning Officer shall literally apply the wording of this chapter
and the location of all district boundaries to particular applications.
In any case, the Zoning Officer may also request an advisory opinion
from the Borough Solicitor to aid in the Zoning Officer's determination.
All of the enforcement, violations and penalty provisions of
the Pennsylvania Municipalities Planning Code,[1] as amended, are hereby incorporated into this chapter
by reference. (NOTE: As of the adoption date of this chapter, these
provisions were primarily in Sections 616.1, 617 and 617.2 of such
Act.[2])
A.
Violations. Any person who shall commit or who shall permit any of
the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to any of the following:
(a)
A change in use of land or a structure.
(b)
The erection, construction or alteration of any structure or portion
thereof.
(c)
The placement of a sign.
(d)
A change in the area of a use or the land coverage or setback of
a use.
(e)
The excavation or grading of land to prepare for the erection, construction
or alteration of any structure or portion thereof.
(2)
Placement of false statements on or omitting relevant information
from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with a zoning
permit.
(4)
Violation of any condition imposed by a decision of the Zoning Hearing
Board in granting a variance or special exception or other approval.
(5)
Violation of any condition imposed by a decision of the Borough Council
in granting a conditional use or other approval.
(6)
Violation of any condition imposed by a decision of a court of competent
jurisdiction, where such court has granted zoning approval with conditions.
B.
Enforcement notice. If the Borough has reason to believe that a violation
of a provision of this chapter has occurred, the Borough shall initiate
enforcement proceedings by sending an enforcement notice as provided
in Section 616.1 of the Pennsylvania Municipalities Planning Code.[3] Prior to sending an official enforcement notice, the Zoning
Officer may, at his/her option, informally request compliance.
[3]
Editor's Note: See 53 P.S. § 10616.1.
C.
Time limits. An official enforcement notice shall state the deadline
to complete bringing the property into compliance with this chapter
and shall state that the applicant has 30 days from the receipt of
the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies. The causes of action and
enforcement remedies provisions of the Pennsylvania Municipalities
Planning Code, as amended, are hereby incorporated by reference. (NOTE:
As of the adoption date of this chapter, such provisions were in Section
617 of such law.[4])
(1)
Violations and penalties. Any person who has violated or permitted
the violation of the provisions of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Borough, pay a judgment of not more than $500, plus all court
costs, including the reasonable attorneys' fees incurred by the
Borough as a result thereof. No judgment shall commence or be imposed,
levied or be payable until the date of the determination of a violation
by the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Borough may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
a Magisterial District Judge, determining that there has been a violation,
further determines that there was a good faith basis for the person
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation. All judgments,
costs and reasonable attorneys' fees collected for the violation
of this chapter shall be paid over to the Borough for the general
use of the Borough. Imprisonment is not authorized under this chapter.
(2)
Remedies. In case any building, structure, sign or landscaping is
erected, constructed, reconstructed, altered, repaired, converted
or maintained or any building, structure, sign or land is used or
any hedge, shrub, tree or other growth is maintained in violation
of this chapter or of any of the regulations made pursuant thereto
or any of the permits or certificates of use and occupancy issued
under this chapter or any conditions imposed upon the grant of a special
exception or variance by the Zoning Hearing Board or upon the grant
of a conditional use, then, in addition to any other remedies provided
by law, any appropriate action or proceeding may be instituted or
taken to prevent or restrain such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to prevent any illegal act, conduct, business or use in and about
such premises.
[4]
Editor's Note: See 53 P.S. § 10617.
E.
Enforcement evidence. In any appeal of an enforcement notice to the
Zoning Hearing Board, the Borough shall have the responsibility of
presenting its evidence first.
A.
A Borough
fee schedule for permits and applications may be established and amended
by written resolution of the Borough Council. No application or appeal
shall be considered filed until all fees are paid. Any fees established
as part of the previous Zoning Ordinance shall continue in effect
until it is replaced by a new fee schedule.
B.
The Borough shall have the authority to double the required fee if
work is done or a use is established without having obtained a zoning
permit.
Within the requirements of the Pennsylvania Municipalities Planning
Code,[1] the Borough Council may amend or repeal any or all portions
of this chapter on its own motion or after agreeing to hear a written
request of any person, entity, landowner or the Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The applicable provisions of the Pennsylvania Municipalities
Planning Code shall apply. (NOTE: As of the adoption date of this
chapter, these provisions were primarily in Sections 609.1, 609.2
and 916.1 of such Act.[1])
[1]
Editor's Note: See 53 P.S. §§ 10609.1, 10609.2
and 10916.1, respectively.
A.
Appointment. The Zoning Officer(s) shall be appointed by the Borough
Council. The Borough Council may designate other Borough staff persons
to serve as Assistant Zoning Officer(s). Assistant Zoning Officers
may serve with the same authority and duties as the Zoning Officer.
The Zoning Officer shall not hold any elective office within the Borough,
but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and powers shall
include the following:
(1)
Administer this chapter in accordance with its literal terms, including
to receive and examine all applications required under the terms of
this chapter, and issue or refuse permits within the provisions of
this chapter;
(2)
Conduct inspections to determine compliance and receive complaints
of violations of this chapter;
(3)
Keep records of applications, permits, certificates, written decisions,
and variances granted by the Zoning Hearing Board and of enforcement
orders, with all such records being the property of the Borough and
being available for public inspection;
(4)
Review proposed subdivisions and land developments for compliance
with this chapter;
(6)
Maintain available records concerning nonconformities, provided that
the Borough is not required to document every nonconformity; and
(7)
Serve such other functions as are provided in this chapter.
A.
Membership of Board. The Zoning Hearing Board shall consist of three
residents of the Borough appointed by the Borough Council. The existing
terms of office shall continue, with terms of office being three years,
and with the terms being so fixed that the term of office of one member
shall expire each year. Members of the Board shall hold no other office
in the Borough and shall not be employed by the Borough in another
capacity.
(1)
Alternate members. The Borough Council may appoint alternate members
of the Zoning Hearing Board, within the applicable provisions of the
Pennsylvania Municipalities Planning Code, who shall serve as provided
in such law. (NOTE: As of the adoption date of this chapter, such
provisions were in Section 903(b) of such Act.[1])
[1]
Editor's Note: See 53 P.S. § 10903(b).
(2)
Expenditures. Within the maximum amount of funds appropriated by
the Borough Council, the Zoning Hearing Board may employ or contract
for secretaries, legal counsel, and other technical and clerical services.
Members and alternate members may receive compensation, within limits
established by the Borough Council, for the performance of their duties.
B.
Vacancies. Appointments to fill vacancies shall be only for the unexpired
portion of a term.
D.
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing
Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(2)
Challenge to the validity of this chapter or map. The applicable
provisions of the Pennsylvania Municipalities Planning Code, as amended,
shall apply. (NOTE: As of the adoption date of this chapter, these
provisions were primarily in Sections 909.1 and 916.1 of such Act.[3])
[3]
Editor's Note: See 53 P.S. §§ 10909.1 and 10916.1.
(3)
Variance.
(a)
The Board shall hear requests for variances filed with the Borough
staff in writing. The Borough Planning Commission should be provided
with an opportunity to review a zoning variance application. However,
action by the Zoning Hearing Board shall not be delayed by a Planning
Commission review.
(b)
Standards. The Board may grant a variance only within the limitations
of state law. As of the adoption date of this chapter, the Municipalities
Planning Code provided that all of the following findings must be
made, where relevant:
[1]
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 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]
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 a variance is therefore necessary
to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
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
[5]
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.
(c)
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.
(4)
Special exception.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 285-20.
(b)
The Borough Planning Commission should be provided with an opportunity
to review a special exception application. However, action by the
Zoning Hearing Board shall not be delayed by a Planning Commission
review.
(c)
Conditions. In granting a special exception, the Zoning Hearing
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 and intent of this chapter.
(5)
Persons with disabilities. After the Zoning Officer receives a complete
written application, the Zoning Hearing Board shall grant a special
exception allowing modifications to specific requirements of this
chapter that the applicant proves, to the satisfaction of the Zoning
Hearing Board, 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 such laws.
(b)
If the applicant is requesting a reasonable accommodation under
the United States Fair Housing Amendments Act of 1988 or the Americans
with Disabilities Act, the applicant shall identify the disability
which is protected by such statutes, the extent of the modification
of the provisions of this chapter necessary for a reasonable accommodation,
and 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.
(c)
Any modification approved under this section may be limited
to the time period during which the persons with disabilities occupy
or utilize the premises.
G.
Time limits on permits and approvals.
(1)
After a variance is approved or other zoning approval (such as special exception or conditional use approval) is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by zoning permits shall then be substantially completed within 12 months after the issuance of the zoning permit, unless a longer time period is provided under Borough construction permits or as provided in Subsection G(2) below. However, if a variance is approved to address a violation of this chapter, then the permit shall be acquired and the work completed within six months after the variance is approved, with no further time extension.
(2)
Extension. In response to an applicant stating good cause, in writing,
the Zoning Officer may extend, in writing, the time limit for completion
of work to a maximum total of 36 months after permits are issued.
(3)
If an applicant fails to obtain the necessary permits or begin construction
within the above time periods, or allows interruptions in substantial
construction of longer than 12 months, the Zoning Officer shall conclusively
presume that the applicant has waived, withdrawn or abandoned approvals,
variances and permits under this chapter, and all such approvals,
variances and permits shall be deemed automatically rescinded by the
Borough.
H.
Multiple applications. No more than one application for the same
property shall be pending before the Zoning Hearing Board for special
exception approval at any time.
The following requirements shall apply to procedures, hearings
and decisions of the Zoning Hearing Board:
A.
Notice of hearings. Notice of all hearings of the Board shall be
given as follows:
(2)
Posting. Notice of such hearing shall be conspicuously posted on
the affected tract of land at least one week prior to the hearing.
The Borough staff shall post the property. It is the responsibility
of the applicant to make sure that such notice remains posted until
the hearing.
(3)
Persons given notice. The Borough shall provide written notice to
the applicant of the time and place of the hearing. The Borough should
also provide notice to the President of the Borough Council and to
the primary last known owner of each lot that is abutting or immediately
across a street, alley or railroad from the subject lot. Failure to
provide such notice shall not be grounds for an appeal or delay. Also,
such notice shall be given to any other person or group (including
civic or community organizations) who has made a written timely request
for such notice. Any such notices should be mailed or delivered to
the last known address.
B.
Initiation of hearings. A hearing required under this chapter shall
be initiated within 60 days of the date of an applicant's request
for a hearing, unless the applicant has agreed, in writing, to an
extension of time.
C.
Decision/findings.
(1)
The Board shall render a written decision on each application within
45 days after the last hearing on that application before the Board,
unless the applicant has agreed, in writing, to an extension of time.
(2)
Where the application is contested or denied, the decision shall
be accompanied by findings of fact and conclusions based thereon,
together with the reasons for such conclusions.
D.
Notice of decision. A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him not later than the day following the date
of the final decision. (NOTE: As of the adoption date of this chapter,
such provisions were within Sections 908(9) and 908(10) of such Act,
including provisions regarding notice to other parties.[3])
[3]
Editor's Note: See 53 P.S. § 10908(9) and (10).
The provisions for appeals to court that are stated in the Pennsylvania
Municipalities Planning Code, as amended, shall apply. (NOTE: As of
the adoption date of this chapter, these provisions were in Sections
1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act.[1])
[1]
Editor's Note: See 53 P.S. §§ 11001-A, 11002-A,
11003-A, 11004-A, 11005-A and 11006-A.
B.
Borough
and municipal authority exemption. This chapter shall not apply to
uses or structures owned by Riverside Borough or by a municipal authority
created solely by Riverside Borough for uses and structures that are
intended for a public utility, stormwater, public recreation or public
health and safety purpose.
A.
Purpose. The special exception process is designed to allow careful
review of uses that have some potential of conflicts with adjacent
uses or areas.
B.
Special exception procedure.
(1)
A site plan shall be submitted, which shall contain the information required in § 285-8D. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a special exception is approved.
(2)
The Zoning Officer should provide a review to the Zoning Hearing
Board regarding the compliance of the application with this chapter.
(4)
The Borough staff should offer a special exception application to
the Borough Planning Commission for any advisory review that the Commission
may wish to provide. However, the Zoning Hearing Board shall meet
the time limits of state law for a decision, regardless of whether
the Borough Planning Commission has provided comments.
C.
Consideration of special exception applications. When special exceptions
are allowed by this chapter, the Zoning Hearing Board shall hear and
decide requests for such special exceptions in accordance with standards
established by this chapter, including the following:
(1)
Compliance with this chapter. The applicant shall establish by credible
evidence that the application complies with all applicable requirements
of this chapter. The applicant shall provide the Board with sufficient
plans, studies or other data to demonstrate this compliance.
(2)
Compliance with other laws. The approval may be conditioned upon
the applicant later showing proof of compliance with other specific
applicable Borough, state and federal laws, regulations and permits.
Required permits or other proof of compliance may be required to be
presented to the Borough prior to the issuance of any zoning permit,
building permit, certification of occupancy and/or recording of an
approved plan.
(3)
Traffic. The applicant shall establish that the traffic from the
proposed use will be accommodated in a safe and efficient manner that
will minimize hazards and congestion after considering any improvements
proposed to be made by the applicant as a condition on approval.
(4)
Site planning. The application shall include proper site layout,
internal circulation, parking, buffering, and all other elements of
proper design as specified in this chapter.
(5)
Neighborhood. The proposed use shall not substantially change the
character of any surrounding residential neighborhood after considering
any proposed conditions upon approval, such as limits upon hours of
operation.
(6)
Safety. The proposed use shall not create a significant hazard to
the public health and safety, such as fire, toxic or explosive hazards.
(7)
Natural features. The proposed use shall be suitable for the site,
considering the disturbance of steep slopes, mature woodland, wetlands,
floodplains, springs and other important natural features.
D.
Conditions. In granting a special exception, the Board may require
such reasonable conditions and safeguards (in addition to those expressed
in this chapter) as it determines are necessary to implement the purposes
of this chapter. Conditions imposed by the Zoning Hearing Board shall
automatically become conditions of the building permit issued pursuant
thereto, and any failure to comply with said conditions shall be a
violation of this chapter.
A.
Purpose. The conditional use approval process is designed to allow
the Borough Council to review and approve certain uses that could
have significant impacts upon the community and the environment.
B.
Procedure. The Borough Council shall consider the conditional use
application and render its decision in accordance with the requirements
of the Pennsylvania Municipalities Planning Code.[1]
(1)
Submittal. A site plan shall be submitted, which shall contain the information listed in § 285-8D. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved, or an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
(2)
Reviews.
(a)
The Zoning Officer should provide a review to the Council regarding
the compliance of the application with this chapter.
(b)
The Borough staff shall submit a conditional use application
to the Planning Commission for any review that the Commission may
wish to provide. However, the Borough Council shall meet the time
limits for a decision, regardless of whether the Planning Commission
has provided comments.
(3)
The only uses that shall be approved as conditional uses shall be those listed as conditional uses in Article IV of this chapter.
(4)
Time limit. The Borough Council shall render a written decision on
each conditional use application within 45 days after the last hearing
on the application or as may be provided otherwise in Section 913.2
of the Pennsylvania Municipalities Planning Code.[2] For a conditional use application, the same provisions shall apply for notice of persons that apply in § 285-17A(3).
[2]
Editor's Note: See 53 P.S. § 10913.2.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Consideration of conditional use application. The Borough Council shall determine whether the proposed conditional use would meet the applicable requirements of this chapter. The same standards shall apply to a conditional use as are listed in § 285-20C for a special exception use.
D.
Conditions. In approving conditional use applications, the Borough
Council may attach conditions it considers necessary to protect the
public welfare and meet the standards of this chapter. These conditions
shall be enforceable by the Zoning Officer, and failure to comply
with such conditions shall constitute a violation of this chapter
and be subject to the penalties described in this chapter.
A.
Any review of activity within the floodplain, site plan review, subdivision
or land development approval, erosion control review, wetland delineation
review, stormwater runoff review, review of activity on steep slopes,
or any other review, approval or permit under this chapter by an officer,
employee, board, commission, solicitor, consultant or agency of the
Borough shall not constitute a representation, guarantee or warranty
of any kind by the Borough, or its employees, officials, boards, solicitor(s),
consultants or agencies of the practicality or safety of any structure,
use or subdivision, and shall create no liability upon, nor a cause
of action against, such entity or person for any damage that may result
pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under this chapter,
the Borough shall not be liable for any later lawful withdrawal of
such permit.
