(A) Membership of Board.
(1) Generally. The Zoning Hearing Board shall consist of residents of the borough appointed by 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.
(2) Alternate members. Borough Council may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the Municipalities Planning Code, 53 P.S. §§ 10101 et seq. (Note: as of to adoption date of this chapter such provisions were in § 903(c) of such Act, 53 P.S. § 10103(c).)
(B) Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
(C) Organization. The applicable provisions of the Municipalities Planning Code, as amended, 53 P.S. §§ 10101 et seq., shall apply. (As of the adoption date of this chapter, these provisions were in § 906(a), (b) and (c) of such Act, 53 P.S. § 10906(a), (b) and (c).)
(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.
(a) The Board shall hear and decide appeals where it is alleged by an affected person, entity or Borough Council that the Zoning Officer has improperly acted under the requirements and procedures of this chapter.
(b) See time limitations for appeals in division (E) below.
(2) Challenge to the validity of the ordinance or map. The applicable provisions of the Municipalities Planning Code, as amended, shall apply. (Note: as of the adoption date of this chapter, these provisions were primarily in §§ 909.1 and 916.1 of such Act, 53 P.S. §§ 10909.1 and 10916.1.)
(3) Variance.
(a) Requests. The Board shall hear requests for variances filed with the borough staff in writing.
(b) Standards. The Board may grant a variance only within the limitations of state law. Note: 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 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;
2. Because of such physical circumstances or conditions, there is no possibility that the property call 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) Reasonable conditions. 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) Hearing. 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 § 154.016.
(b) 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 necessary to provide a “reasonable accommodation” under applicable federal law to serve persons who the applicant proves have “disabilities” as defined in and protected by such laws.
(a) Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Amendments Act of 1988, being 42 U.S.C. §§ 3601 et seq. or the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq.
(b) If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act 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 with a protected disability no longer will be present on the property.
(6) The Zoning Hearing Board shall also hear any other matters as set forth in the Municipalities Planning Code, as amended. (Note: as of the adoption date of this chapter, such provisions were primarily within § 909.1 of such law, 53 P.S. § 10909.1.)
(E) Time limits for appeals. 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 in § 914.1 of such Act, 53 P.S. § 10914.1.)
(F) Stay of proceedings. The stay of proceedings provisions of the Municipalities Planning Code, as amended, shall apply. (Note: as of the adoption date of this chapter, such provisions were in § 915.1 of such Act, 53 P.S. § 10915.1.)
(G) Time limits on permits and approvals.
(1) Generally. Unless otherwise provided by the Zoning Hearing Board or Borough Council in a decision granting approval, after a variance is approved or other zoning 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 such permits shall then be completed within 12 months after the issuance of the permits.
(2) Extension. Unless otherwise provided by the Zoning Hearing Board of Borough Council in a decision granting approval, 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) Failure to obtain the necessary permits or begin construction. 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 may conclusively presume that the applicant has waived, withdrawn or abandoned approvals and permits under this chapter and may consider all such approvals and permits to have become null and void.
(2006 Code, § 27-111) (Ord. 12/18/2003, passed 12-18-2003, § 111)