The Zoning Hearing Board shall interpret provisions
of this chapter according to this article and Act 247, the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
The Zoning Hearing Board shall consist of three members
appointed by the City Council. The membership shall consist of residents
of the City, whose terms of office shall be three years. The Board
shall promptly notify the City Council of any vacancies which occur.
Appointments to fill vacancies are for the unexpired portion of the
term only. Members of the Board shall hold no other office in the
City.
B.
Any member of the Board may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the City Council taken after the member has received
15 days' advance notice of the intent to take such a vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
C.
The City Council may appoint, by resolution, at least one but not more than three residents of the City to serve as alternate members for three-year terms. When seated pursuant to the provisions of § 224-84 below, an alternate shall be entitled to participate in all procedures and discussions of the Zoning Hearing Board to the same and full extent as Zoning Hearing Board members, including specially the right to cast a vote. Alternates shall hold no other office in the City, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in proceedings or discussion of the Board but shall not be entitled to vote nor be compensated pursuant to § 224-84 unless designated as a voting alternate member.
D.
Attendance.
[Added 4-22-2013 by Ord. No. 1404-2013]
(1)
Any
member of the Zoning Hearing Board absent from three or more consecutive
regular meetings of the Zoning Hearing Board without an approved leave
of absence granted by the City Council after public hearing and prior
written notice thereof shall be removed from the Zoning Hearing Board
by the City Council of the City of Coatesville.
(2)
Any
member of the Zoning Hearing Board absent from 20% or more of the
regularly scheduled meetings of the Zoning Hearing Board within any
one-year period shall be notified in writing by the City Manager acting
on behalf of the City Council of the attendance requirements of this
subsection. Any member of the Zoning Hearing Board who is absent from
20% or more of the regularly scheduled meetings within a one-year
period shall thereafter be removed for cause from such position by
the City Council with prior written notice after public hearing unless
such member resigns in writing or waives the public hearing in writing.
(3)
Any
member of the Zoning Hearing Board may be removed for cause as determined
by the City Council after public hearing and prior written notice
thereof.
(4)
The
provisions of this subsection shall not preclude the removal of any
member of the Zoning Hearing Board without cause by the City Council
when authorized by state law, City Charter or City ordinance.
A.
The Board shall elect from its own membership its
officers, who shall serve annual terms as such and may succeed themselves.
A quorum of a majority of the members of the Board must be present
to hold any hearing or take actions on any issues requiring a vote.
Where two members are disqualified to act in a particular matter,
the remaining member may act for the Board, if an alternate has not
been appointed.
B.
The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in § 224-86. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the City and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the City Council once each year.
C.
If, by reason of absence or disqualification of a
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 said Board as may be needed to provide a quorum. Any
alternate member of the Zoning Hearing Board shall continue to serve
on that Board in all proceedings involving the matter or case for
which the alternate was initially appointed, until the Board has made
a final determination of the matter or case.
A.
Within the limits of funds appropriated by the City
Council, the Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical and clerical services.
However, the Solicitor for the Zoning Hearing Board shall be a different
individual than the Solicitor for the City Council. Members of the
Board may receive compensation for the performance of their duties,
as may be fixed by the City Council.
B.
The City Council may prescribe reasonable fees with
respect to hearings before the Zoning Hearing Board by resolution.
Fees for said hearings may include compensation for the secretary
and members of the Board, public notice arrangements and necessary
administrative overhead costs. The costs, however, shall not include
legal expenses for the Board, expenses for engineering, architectural
or other technical consultants or expert witness costs.
C.
The applicant before the Board shall deposit with
the Director of Finance of the City such a sum of money as shall be
deemed sufficient by the Board to pay the cost of Zoning Hearing Board
expenses for the hearing. Funds deposited in excess of the actual
cost of the requested hearing shall be returned to the applicant upon
completion of the proceedings, and, in the event the costs of the
hearing exceed the funds deposited, the applicant shall pay funds
equal to such excess cost.
The Board shall conduct hearings and make decisions
in the following manner:
A.
Notice requirements.
(1)
The Board shall fix a time and place for public hearings
and shall give notice thereof as follows:
(a)
By providing notice in accordance with the definition of public notice in Article II of this chapter. In the event that more than one hearing is required to consider any application or a hearing is continued, while in progress, to another date, announcement at the hearing to be continued of the next hearing date shall be deemed adequate notice. If the subsequent hearing is not held within 45 days or the date or time is changed following the original announcement, then public notice pursuant to Article II of this chapter is required.
(b)
By mailing a notice thereof to the parties of
interest and all abutting owners and owners within 200 feet along
the frontage of the lot and a one-hundred-foot radius of the side
and rear lot lines.
(c)
By providing notice thereof to the Zoning Officer,
the City Secretary, each member of the City Council, each member of
the Planning Commission, the Secretary of the Chester County Planning
Commission and to every person or organization who shall have registered
with the Board for the purpose of receiving such notices.
(2)
The notice herein required shall state the location
of the lot or building and the general nature of the question involved.
(3)
In addition to the above requirements, notice of said
hearing shall be conspicuously posted on the affected tract of land.
B.
The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed in
writing to an extension of time.
C.
The decision or, where no decision is called for,
the findings shall be made by the Board, but the parties may waive
decision or findings by the Board and accept the decision or findings
of the hearing officer as final.
D.
The parties to the hearing shall be the City, any
person affected by the application who has made timely appearance
of record before the Board and any other person, including civic or
community organizations, permitted to appear by the Board. All persons
who wish to be considered parties must enter appearances, in writing,
on forms provided by the Board for that purpose.
E.
The Chairman or Acting Chairman of the Board or the
hearing officer presiding shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and documents
requested by the parties.
F.
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
G.
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
H.
The Board or the hearing officer, as the case may
be, shall keep a stenographic record of the proceedings, and a transcript
of the proceedings and copies of graphic or written material received
in evidence shall be made available to any party at cost. The appearance
fee of the stenographer shall be shared equally by the applicant and
the Zoning Hearing Board. The cost of the original transcript shall
be paid by the Zoning Hearing Board if the transcript is ordered by
said Board or Zoning Officer. In the event of an appeal, the cost
of the original transcript shall be paid by the person appealing from
the decision of the Zoning Hearing Board. The cost of additional copies
shall be paid by the person requesting such copies. In other cases,
the party requesting the original transcript shall bear the cost thereof.
I.
The Board or the hearing officer shall not communicate,
directly or indirectly, with any party or their representatives 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 material so noticed and shall not
inspect the site or its surroundings after the commencement of hearings
with any party or his or her representative unless all parties are
given an opportunity to be present.
J.
The Board or the hearing officer 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. Each decision shall be accompanied by findings
of fact and conclusions based thereon, together with the reasons therefor.
Conclusions based on any provisions of this chapter or any act, rule
or regulation shall contain a reference to the provision relied on
and the reasons why the conclusion is deemed appropriate in the light
of the facts found. If the hearing is conducted by a hearing officer
and there has been no stipulation that his decision or findings are
final, the Board shall make his report and recommendations available
to the parties within 45 days, and the parties shall be entitled to
make written representations thereon to the Board prior to final decision
or entry of findings, and the Board's decision shall be entered no
later than 30 days after the decision of the hearing officer. Where
the Board has power to render a decision and the Board or the hearing
officer, as the case may be, fails to render the same within the period
required by this subsection, the decision shall be deemed to have
been rendered in favor of the applicant, unless the applicant has
agreed in writing to an extension of time. Nothing in this subsection
shall prejudice the right of any party opposing the application to
urge that such decision is erroneous.
K.
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 or her by certified mail not later than
the day following its date. To all other persons who have filed their
name and address with the Board, brief notice shall be provided by
mail or otherwise of the decision or findings and a statement of the
place at which the full decision or findings may be examined.
A.
Appeals from the Zoning Officer. The Board shall hear
and decide appeals where it is alleged by the appellant that the Zoning
Officer has failed to follow prescribed procedures or has misinterpreted
or misapplied any provision of a valid ordinance or map or any valid
rule or regulation governing the action of the Zoning Officer.
B.
Challenge to the validity of this chapter or map. The Board shall hear challenges to the validity of this chapter or the Zoning Map except as indicated in Article IX and X-A of the Act, as amended.[1] In all such challenges, the Board shall take evidence and make a record thereon as provided in § 224-86. 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.
[1]
Editor's Note: See 53 P.S. § 10901
et seq. and § 11001-A et seq.
C.
Special exceptions. Where special exceptions are provided
for in this chapter, the Board shall hear and decide requests for
such special exceptions in accordance with stated standards and criteria.
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 purpose of this
chapter. In addition, the Board shall consider any recommendations
provided by the Planning Commission in accordance with the Comprehensive
Plan. In rendering its decision, the Board shall determine that the
applicant has demonstrated the following:
(1)
The property is suitable for the use desired; and
the proposed request is consistent with the spirit, intent and purpose
of this chapter.
(2)
The proposed special exception will not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood and that the use of property adjacent
to the area included in the proposed change or plan is adequately
safeguarded.
(3)
The proposed special exception will serve the best
interests of the City, convenience of the community and the public
welfare.
(4)
There will be no adverse effect of the proposed special
exception upon the logical efficient and economical extension of public
services and facilities, such as public water, sewers, police and
fire protection and public schools.
D.
Variances.
(1)
The Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. In such cases, the burden of proof for
demonstrating hardship are on the applicant.
(2)
The Board may, by rule, prescribe the form of application
and may require preliminary application to the Zoning Officer. The
Board may grant a variance, provided that 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, not 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 that will afford relief and will represent the
least modification possible of the regulation in issue.
(3)
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 and the Act.
E.
Unified appeals. Where the Board has jurisdiction over a zoning matter pursuant to § 224-87, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any city ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues but shall take evidence and make a record thereon as provided in § 224-86. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
A.
Appeals under § 224-87 and proceedings to challenge any ordinance under § 224-87 shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of this chapter involved and shall set forth the interpretation that is claimed, the grounds for any challenges to the validity and the relief which is sought.
B.
Applications for a special exception or variance shall
be submitted to the Zoning Officer on forms prescribed by the Board.
Such applications may be made by a tenant of the property with the
written approval of the owner.
C.
Applications and appeals, together with the required
filing fee, shall be submitted to the Zoning Officer. No action by
the Board will begin until a complete application form is filed along
with the required fee.
D.
All applications or appeals shall be forwarded to
the City Planning Commission, which may review and offer comment on
such at its discretion. An applicant or appellant may request to appear
before the Planning Commission to review his or her submission. The
Planning Commission shall not be required to schedule such appearances
prior to taking action, if any, on a particular application. The failure
of the Planning Commission to offer comment on any application shall
not invalidate any action taken by the Board.
A.
No person shall be allowed to file any proceeding
with the Board later than 30 days after any application for development,
preliminary or final, has been approved by the City if such proceeding
is designed to secure reversal or to limit the approval in any manner
unless such person alleges and proves that he had no notice or knowledge
or reason to believe that such approval had been given. If such person
has succeeded to his interest after such approval, he shall be bound
by the knowledge of his predecessor in interest.
B.
The failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary subdivision plan or from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map pursuant to Article IX or X-A of the Act[1] shall preclude an appeal from a final approval except
in the case where the final submission substantially deviates from
the approved tentative or preliminary approval.
[1]
Editor's Note: See 53 P.S. § 10901
et seq. and § 11001-A et seq.
C.
Unless otherwise specified by the Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit or a use and occupancy permit, as the case may be,
within one year from the date of final authorization. Should the applicant
or appellant commence construction or alteration within said one-year
period, the Board may grant an extension, upon appeal by the applicant,
if the Board determines that good cause appears for the extension.
If the permits have not been secured and an extension is not approved,
the Board may, upon 10 days' notice in writing, rescind or revoke
the granted special exception permit or variance.
A.
Upon filing of any proceedings referred to in § 224-88 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property. In such cases, the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition, after notice to the Zoning Officer or other appropriate agency or body.
B.
When an application for development, preliminary or
final, has been duly approved and proceedings designed to reverse
or limit the approval are filed with the Board by persons other than
the applicant, the applicant may petition the court having jurisdiction
of zoning appeals to order such persons to post bond as a condition
to continuing the proceedings before the Board.
C.
The question whether or not such petition should be
granted and the amount of the bond shall be within the sound discretion
of the court.
Any person, taxpayer or the City aggrieved by any decision of the Board may, within 30 days after such decision of the Board, seek review by the Court of Common Pleas of such decision in the manner provided by the laws of the Commonwealth of Pennsylvania and Article IX or X-A of the Act, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10901
et seq. and § 11001-A et seq.
