A Zoning Hearing Board is established in order that the objectives of this chapter may be more fully and equitably achieved and a means for competent-interpretation of this chapter provided. The Board, within the limits of funds appropriated by the Borough Council, may employ or contract for secretaries, consultants and legal counsel.
[Amended 4-6-2015 by Ord. No. 314]
A. 
The Zoning Hearing Board shall consist of three members, appointed by resolution of the Borough Council, for terms of three years and shall be so fixed that the terms of office of no more than one member of the Board shall expire each year.
B. 
The Zoning Hearing Board shall promptly notify the Borough Council of Silverdale Borough of any vacancies which occur. Any appointments made to fill vacancies on the Zoning Hearing Board shall be only for the unexpired portion of the term.
C. 
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council, taken after 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the notice if the member shall request it in writing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.
D. 
Members of the Zoning Hearing Board shall hold no other office in the Borough, nor shall any member be any employee of the Borough.
E. 
Alternate members.
(1) 
The Borough Council may appoint by resolution at least one, but no more than two, residents of the Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years.
(2) 
Alternate members shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer, nor shall any member be an employee of the Borough. Any alternate member may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board unless designated as a voting alternate member.
(3) 
The Chairman of the Zoning Hearing Board may designate alternate members of the Board to replace any absent or disqualified member and if, by reason of absence or disqualification of a Zoning Hearing Board member, a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Zoning Hearing Board as may be needed to reach a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate member was initially appointed until the Zoning Hearing Board has made a final decision of the matter or case. Designation of an alternate member shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
A. 
Officers. The Board shall elect a Chairperson from its membership, shall appoint a Secretary, and shall prescribe rules in accordance with the provisions of the Municipalities Planning Code and this chapter for the conduct of its affairs. The Chairperson or, in his absence, the Acting Chairperson may administer oaths and compel attendance of witnesses.
B. 
Meetings. Meetings shall be open to the public and shall be at the call of the Chairperson and at such other times as the Board shall specify in its rules of procedure. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board.
C. 
Records and decisions. 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 its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall decide any questions:
A. 
Involving the interpretation of any provisions of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto; or
B. 
Where it is alleged there is error in any order, requirement, decision or determination, including any order requiring an alleged violation to stop, cease and desist, made by the Zoning Officer in the enforcement of this chapter.
A. 
Applicability. Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions on such piece of property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.
B. 
Conditions. In general, the power, to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
C. 
Requirements and standards.
(1) 
No variance in the strict application of the provisions of this chapter shall be granted by the Board unless the Board finds that the requirements and standards are satisfied.
(2) 
The application must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the appeal for the variance is in conformance with the requirements and standards listed below:
(a) 
That the granting of the variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or detrimental to the public welfare.
(b) 
That the granting of the variance will not permit the establishment within a district of any use which is not permitted in that district.
(c) 
There must be proof of unique circumstances: that there are special circumstances or conditions, fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
(d) 
There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must result from the application of this chapter; it must be suffered directly by the property in question; and evidence of a variance granted under similar circumstances shall not be considered.
(e) 
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
(3) 
The Board may prescribe any safeguard that it deems to be necessary to secure substantially the objectives of the regulation or provision to which the variance applies.
A. 
Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
B. 
Conditions and standards. In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this chapter. The Board shall not approve a special exception except in conformance with the conditions and standards outlined in this chapter.
C. 
General requirements and standards applicable to all special exceptions. The Board shall grant a special exception only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board shall, among other things, require that any proposed use and location be:
(1) 
In accordance with the Borough Comprehensive Plan and consistent with the spirit, purpose, intent and language of this chapter;
(2) 
In the best interests of the Municipality, the convenience of the community, and the public welfare, and a substantial improvement to the property in the immediate vicinity;
(3) 
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;
(4) 
In conformance with all applicable requirements of this chapter and all Borough ordinances;
(5) 
Suitable in terms of effects on highway traffic and safety, with adequate access arrangements to protect streets from undue congestion and hazards; and
(6) 
In accordance with sound standards of subdivision practice where applicable. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation, and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this chapter.
The Board shall hear challenges to the validity of the Zoning Ordinance or Map. In all such challenges, the Board shall take evidence and make a record thereon as provided above. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
In exercising the above-mentioned powers, the Zoning Hearing Board may, in conformity with law and the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made. Notice of such decision shall forthwith be given to all partakers in interest.
A. 
Any appeal from the ruling of the Zoning Officer concerning the enforcement and interpretation of the provisions of this chapter shall be filed with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.
B. 
All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees prescribed by resolution of the governing body.
C. 
All appeals and applications shall refer to the specific provisions of this chapter involved.
Appeals to the Zoning Hearing Board may be taken by any person or municipal official aggrieved or affected by any provisions of this chapter or by any decision, including any order to stop, cease, and desist, issued by the Zoning Officer in enforcing the provisions of this chapter. The landowner or the tenant with the permission of the landowner may file requests for a variance or special exception.
Upon the filing with the Zoning Hearing Board of an application for a special exception, variance, or interpretation of this chapter, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as defined and give written notice to parties in interest, who shall be at least those persons whose properties adjoin or are across public roads from the property in question. A notice of the hearing shall be posted on the affected property at least one week prior to the hearing.
The Chairperson or Acting Chairperson of the Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents required by the parties.
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and cross-examine adverse witnesses on all relevant issues.
Formal rules of evidence shall not apply, but irrelevant immaterial or unduly repetitious evidence may be excluded.
The Board shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings with any party or his representative unless all parties are given an opportunity to be present. The "Board," as used herein, shall include not only the members but also any secretary, clerk, legal counsel or consultant of the Board.
The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor.
A copy of the final decision or, when 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 its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
Any persons aggrieved by any decision of the Zoning Hearing Board or any taxpayer or the governing body may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of Bucks County, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law and specify the grounds upon which he relies. Such appeal shall be made in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The applicant for any hearing before the Zoning Hearing Board shall, at the time of making application, pay to the Zoning Officer, for the use of the Municipality, a fee in accordance with a fee schedule adopted by resolution of the Borough Council upon enactment of this chapter or as such schedule may be amended from time to time.