Allentown City Zoning Code
ARTICLE 11
Procedures
§ 660-110 Common provisions.
A.
Applicability. The common provisions of this section apply to all of the procedures in this chapter unless otherwise expressly stated.
B.
Municipalities Planning Code. The review and approval procedures of this chapter are intended to comply with the provisions of the Pennsylvania Municipalities Planning Code.[1] If any provision of this chapter is in conflict with any provision of the Municipalities Planning Code or if this chapter fails to incorporate a provision required for implementation of or consistency with the Pennsylvania Municipalities Planning Code, provisions of the Pennsylvania Municipalities Planning Code govern.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Review and decision-making authority. Table 660-16 provides a summary of review and decision-making authority under this chapter. If this summary table conflicts with the detailed, written procedures contained elsewhere in this chapter, the detailed, written procedures govern.
Table 660-16. Review and Decision-Making Summary | ||||||
|---|---|---|---|---|---|---|
Procedure | ZO | LVPC | HARB | ACPC | ZHB | CC |
Zoning Ordinance Text Amendments | ○ | ○ | ○ | ○ | • | |
Zoning Map Amendments | ○ | ○ | ○ | ○ | • | |
Curative Amendments | ○ | ○ | ○ | ◑ | ◑ | |
Special Exceptions | ○ | ◑ | ◑ | • | ||
Zoning Permits | • | |||||
Variances | ○ | • | ||||
Appeals of Administrative Decisions | • | |||||
Table notes: | ||||||||
○ | = | Review and recommendation authority; | • | = | Final decision-making authority; | ◑ | = | Authority varies; |
ZO = Zoning Officer; ZHB = Zoning Hearing Board; LVPC = Lehigh Valley Planning Commission | ||||||||
HARB = Historical Architectural Review Board; ACPC = Allentown City Planning Commission; CC = City Council | ||||||||
D.
Applications and fees.
(1)
Applicability. The application and fee provisions of this subsection apply to zoning applications filed by "eligible applicants."
(2)
Eligible applicants. When the procedures of this article allow an application to be filed by the "subject property owner," such applications must be signed by an equitable owner or one or more individuals who, either individually or in combination, own at least 50% of the subject property. Proof of ownership is required.
(3)
Form of application. Applications required under this chapter must be submitted in a form and in such numbers as required by the Zoning Officer. Applications must include the names and addresses of all owners of record of the property that is the subject of the application as well as information needed for authorized review and decision-making bodies to determine compliance with all applicable regulations of this chapter. Such information includes maps, plats, surveys, dimensioned site plans, building elevations, landscape plans, engineering documents, environmental reports, traffic studies, and other information and data expressly required by this chapter or as determined to be necessary by the Zoning Officer or other authorized review or decision-making body for conducting a competent review of the application.
(4)
Fees and notification costs.
(a)
All applications filed by eligible applicants must be accompanied by required zoning fees (see § 270-28 of the Municipal Code).
(b)
Costs associated with retaining the services of a stenographer, when required, must be split evenly between the City and the applicant or appellant. Costs associated with obtaining copies of transcripts must be paid by the person or entity requesting the copies.
(5)
Completeness, accuracy and sufficiency.
(a)
An application will be considered complete and ready for processing only if the Zoning Officer determines that it has been submitted in the required number and form, includes all required information, and is accompanied by all required fees.
(b)
If an application is determined to be incomplete, the Zoning Officer must provide notice to the applicant along with an explanation of the application's deficiencies. Notice of an incomplete application may be provided by personal service, electronic mail, or first-class mail.
(c)
No further processing of incomplete applications will occur, and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the first available processing cycle. If the deficiencies are not corrected by the applicant within 90 days, the application will be deemed to have been withdrawn.
(d)
Applications deemed complete will be placed in the first available application processing cycle and will be reviewed by staff and other review and decision-making bodies, in accordance with the applicable review and approval procedures of this chapter.
(e)
The Zoning Officer may require that applications or plans be revised before being placed on an agenda for possible action if the official determines that:
[1]
The application or plan contains one or more significant inaccuracies or omissions that will hinder timely or competent evaluation of the plan's/application's compliance with Zoning Ordinance requirements or other regulations;
[2]
The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's or application's compliance with Zoning Ordinance requirements or other regulations; or
[3]
The decision-making body does not have legal authority to approve the application as filed.
E.
Application processing cycles. Officials responsible for accepting applications, after consulting with review and decision-making bodies, are authorized to establish reasonable cycles and timelines for processing applications, including deadlines for receipt of complete applications.
F.
Public hearings.
(1)
General. The body conducting the hearing is authorized to establish reasonable rules and procedures governing the conduct of hearings and the presentation of information and comments.
(2)
Continuances. Once commenced, a public hearing may be continued by the hearing body. No re-notification is required if the continuance is set for specified date and time and that date and time is announced at the time of the continuance. If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing. If the applicant requests and is granted a continuance or postponement requiring re-notification, the body conducting the hearing is authorized to require that the applicant pay any costs of re-notification.
G.
Public hearing notices. Unless otherwise expressly stated in this chapter or the Municipalities Planning Code, public hearing notices must include:
(1)
The name of applicant or parties of interest;
(2)
Location and zoning classification of the property that is the subject of the public hearing;
(3)
The nature of the amendment, application, or request;
(4)
The place where the amendment, application, or request may be examined; and
(5)
The time and place of the public hearing.
H.
Review and decision-making.
(1)
Authorized actions.
(a)
Review and decision-making bodies may take any action that is consistent with:
[1]
The regulations of this chapter and state law;
[2]
Any rules or by-laws that apply to the review or decision-making body; and
[3]
The notice that was given.
(b)
Actions taken by review and decision-making bodies must be based on the same plans that have been reviewed by the Zoning Officer (rather than new or revised plans that have not been first reviewed by the Zoning Officer).
(2)
Burden of proof or persuasion. In all cases, the burden is on the applicant to show that an application or proposal complies with all applicable review or approval criteria.
(3)
Continuance or deferral. Decision-making bodies are authorized to continue a public hearing or defer action on a matter in order to receive additional information or further deliberate.
(4)
Conditions of approval.
(a)
Review bodies are authorized to recommend conditions and decision-making bodies are authorized to approve the subject application with conditions.
(b)
Any conditions recommended or approved must relate to a situation likely to be created or aggravated by the proposed use or development (e.g., buffers or visual screening) and must be roughly proportional to the impacts of the use or development.
(c)
When conditions of approval are imposed, the decision-making body is authorized to require that applicant post a performance bond, escrow account, or other financial surety in order to guarantee compliance with applicable conditions.
§ 660-111 Chapter text amendments.
A.
General. The City Council is authorized to amend the text of this chapter in accordance with procedural requirements established in the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Initiation. Zoning Ordinance text amendments may be initiated by the City Council on its own motion, by the Allentown City Planning Commission, or by petition of one or more citizens, subject to the procedures of this section.
C.
Public hearing and notice. Before voting on the enactment of a proposed Zoning Ordinance text amendment, the City Council must hold a public hearing on the proposed amendment. Notice of the City Council's required public hearing must be provided in accordance with the Municipalities Planning Code.
D.
Allentown City Planning Commission review. Proposed Zoning Ordinance text amendments must be submitted to the Allentown City Planning Commission and the Lehigh Valley Planning Commission for review and recommendation at least 30 days before the City Council's public hearing on the proposed text amendment. Any recommendations stemming from these reviews should be submitted to the City Council before the scheduled public hearing on the matter. Failure of either the Allentown City Planning Commission or the Lehigh Valley Planning Commission to submit a report or recommendation is not cause to delay the required public hearing or City Council action.
E.
Hearing and final action.
(1)
The City Council must hold a public hearing to consider the proposed text amendment and, following the close of the public hearing, act to:
(a)
Enact the proposed Zoning Ordinance text amendment;
(b)
Enact the proposed Zoning Ordinance text amendment with revisions [subject to the provisions of Subsection E(2), below]; or
(c)
Deny the proposed Zoning Ordinance text amendment.
(2)
Before voting to enact a Zoning Ordinance text amendment that substantively modifies the text amendment considered at the original public hearing, the proposed text amendment must be resubmitted to the Allentown City Planning Commission and the Lehigh Valley Planning Commission for review and recommendation and another public hearing must be held by the City Council. Notice of this subsequent public hearing must be provided in accordance with the Municipalities Planning Code.
(3)
An affirmative vote of at least four members of the City Council is required to enact a Zoning Ordinance text amendment.
F.
Review and approval criteria. The decision to amend the Zoning Ordinance text is not controlled by any one criterion or standard. In making decisions about Zoning Ordinance text amendments, review and decision-making bodies must consider all relevant factors, including at least the following:
(1)
Whether the proposed text amendment is in conformity with the comprehensive plan; and
(2)
Whether the proposed Zoning Ordinance text amendment is necessary to respond to changes in demographic, economic, or development trends or to changes in community goals and objectives, emergence of new land uses, or changes to the Municipalities Planning Code or case law.
G.
Post-enactment.
(1)
Within 30 days after enactment of a Zoning Ordinance text amendment, a copy of the amendment must be forwarded to the Lehigh Valley Planning Commission.
(2)
If advertisement of the Zoning Ordinance text amendment is required by other laws or ordinances, a reference to the place where copies of the amendment may be obtained satisfies such requirements.
§ 660-112 Zoning Map amendments.
A.
General. The City Council is authorized to amend the Zoning Map in accordance with procedural requirements established in the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Initiation. Zoning Map amendments may be initiated by the City Council on its own motion, by the Allentown City Planning Commission, or by petition of one or more citizens, subject to the procedures of this section.
C.
Public hearing and notice. Before voting on the enactment of a proposed Zoning Map amendment, the City Council must hold a public hearing on the proposed amendment. Notice of the City Council's required public hearing must be provided in accordance with the Municipalities Planning Code.
D.
Allentown City Planning Commission review. Proposed Zoning Map amendments must be submitted to the Allentown City Planning Commission and the Lehigh Valley Planning Commission for review and recommendation at least 30 days before the City Council's public hearing on the proposed text amendment. Any recommendations stemming from these reviews should be submitted to the City Council before the scheduled public hearing on the matter. Failure of either the Allentown City Planning Commission or the Lehigh Valley Planning Commission to submit a report or recommendation is not cause to delay the required public hearing or City Council action.
E.
Hearing and final action.
(1)
The City Council must hold a public hearing to consider the proposed Zoning Map amendment and, following the close of the public hearing, act to:
(a)
Enact the proposed Zoning Map amendment;
(b)
Enact the proposed Zoning Map with modifications [subject to the provisions of Subsection E(2), below]; or
(c)
Deny the proposed Zoning Map amendment.
(2)
Before voting to enact a Zoning Map amendment that includes land not included in the map amendment considered at the original public hearing or that proposes rezoning to a more permissive zoning classification than considered at the original public hearing, the proposed Zoning Map amendment must be resubmitted to the Allentown City Planning Commission and the Lehigh Valley Planning Commission for review and recommendation and another public hearing must be held by the City Council. Notice of this subsequent public hearing must be provided in accordance with the Municipalities Planning Code.
(3)
An affirmative vote of at least four members of the City Council is required to enact a Zoning Map amendment.
F.
Review and approval criteria. The decision to amend the Zoning Map is a matter of legislative discretion that is not controlled by any one standard. In making recommendations and decisions about Zoning Map amendments, review and decision-making bodies must consider all relevant factors, including at least the following:
(1)
Whether the proposed Zoning Map amendment is in general conformity with the comprehensive plan;
(2)
Whether the proposed Zoning Map amendment is necessary to respond to changes in demographic, economic, or development trends or to changes in community goals and objectives, or changes to the Municipalities Planning Code or case law;
(3)
Whether the proposed Zoning Map amendment is generally consistent with the locational criteria established in the zone descriptions of Article 2; and
(4)
Whether the proposed Zoning Map will help promote land use and building patterns consistent with the surrounding area.
G.
Post-enactment.
(1)
Within 30 days after enactment of a Zoning Map amendment, a copy of the amendment must be forwarded to the Lehigh Valley Planning Commission.
(2)
If advertisement of the Zoning Map amendment is required by other laws or ordinances, a reference to the place where copies of the amendment may be obtained satisfies such requirements.
Figure 660(31) Zoning Map Amendments |
 |
§ 660-113 Curative amendments.
A.
Landowner curative amendments. A landowners who wishes to challenge on substantive grounds the validity of the text of this chapter or the Zoning Map as applied to the use or development of land in which the subject landowner has an interest, is authorized to submit to a curative amendment to the City with a written request that the landowner's challenge and proposed amendment be heard and decided by the Zoning Hearing Board, as provided in Section 609.1 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10609.1.
B.
Municipal curative amendments. If the City Council determines that the text of this chapter or the Zoning Map is substantially invalid as applied to one or more properties, it must take actions in accordance with Section 609.2 of Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10609.2.
§ 660-114 Zoning permits.
A.
Applicability. A zoning permit is required from the Zoning Officer before any of the following:
(1)
The commencement of a new or expanded use of land or structure or the development of new or expanded outdoor storage or display, or parking or loading area;
(2)
The construction, expansion or placement of any structure or part thereof; and
(3)
The construction, extension or placement of any sign except those expressly exempt from permit requirements.
B.
Accompanying site plan.
(1)
Applicability. A legible, certified plan drawn to scale, showing the proposed structures and uses in their exact location, in relation to lot and street lines must be submitted as part of a zoning permit application for all of the following unless the Zoning Officer determines a site plan is not necessary to determine compliance with this chapter:
(a)
Any use or activity for site plan approval for which site plan approval is expressly required under this chapter;
(b)
Any use or activity that for which special exception approval is required under this chapter;
(c)
Any new principal nonresidential or mixed-use building or land use;
(d)
Any expansion of a nonresidential or mixed-use building resulting in the addition of more than 2,000 square feet of total floor area;
(e)
Any new or expanded parking area that includes 10 or more new parking spaces;
(f)
Any new residential building containing three or more dwelling units; and
(g)
Any project for which site plan review is determined to be necessary by the Zoning Officer.
(2)
Contents.
(a)
Site plans must include at least the following unless the Zoning Officer determines that such information is not necessary to determine compliance with this chapter:
[1]
The size, shape and location of existing and proposed principal and accessory buildings;
[2]
Distinction between existing and proposed features;
[3]
The dimensions and acreage of each lot;
[4]
The location and layout of parking areas, pedestrian walks, parking spaces and driveways;
[5]
Proposed grades and drainage (Note: If the site plan will be separately approved at a later date under another City ordinance regulating such matters, then detailed information regarding proposed grading and drainage may be delayed until such time.);
[6]
Proposed sewer and water connections;
[7]
A landscape plan including locations of proposed landscape and screening material;
[8]
Proposed location of fences and signs;
[9]
A key map showing the entire project and its relation to surrounding properties and existing buildings on such properties;
[10]
Location of any proposed waste dumpster; and
[11]
Other information needed to determine compliance with applicable regulations of this chapter.
(b)
When the application involves a structure or addition to an existing structure, the site plan must be shown on a survey plan of the entire property prepared and sealed by a registered surveyor.
(c)
The application must also include a table comparing required versus proposed lot and building regulations for the proposed building type.
(3)
Relationship to SALDO. The site plan requirements of this section are not intended to replace or conflict with Chapter 350, Land Development and Subdivision (SALDO). In cases involving "land developments," the review procedures contained in the SALDO govern.
C.
Application filing. Zoning permit applications may be filed by the subject property owner, as defined in § 660-110D or by any tenant of the subject property with written permission of the property owner. Applications must be filed with the Zoning Officer.
D.
Action. A zoning permit may be issued only if the Zoning Officer determines that the use, development, or construction proposed complies with applicable requirements of this chapter, including any approved special exceptions or variances.
E.
Preliminary opinion. Applicants may submit a request for a preliminary opinion on whether a proposed use or development complies with this chapter in accordance with the Municipalities Planning Code.
F.
Building permits. Building permits must be secured from the building inspector before starting any construction, erection or alteration of any building, structure, sign or billboard (see § 660-118).
G.
Expiration; lapse of approval.
(1)
Zoning permit applications. A zoning permit application expires six months after the filing of a complete application unless the zoning permit is issued or an application or appeal is submitted to the Zoning Hearing Board.
(2)
Zoning permits. A zoning permit lapses and has no further effect unless:
(a)
All required City permits are issued and work is actively initiated within 12 months of the date of issuance of the zoning permit; and
(b)
All construction work is completed, the use is established, and all required inspections have been completed within 24 months of the date of issuance of the zoning permit.
§ 660-115 Special exceptions.
A.
General. Special exception approval is required from the Zoning Hearing Board whenever a requirement for such approval is expressly stated by the provisions of this chapter. Applications for special exception approval must be processed in accordance with the special exception procedures of this section.
B.
Preapplication activities.
(1)
General. A special exception application may be filed only after:
(a)
The Zoning Officer reviews the zoning permit application and determines that the use or activity proposed requires special exception approval under this chapter; and
(b)
Any required preapplication review is complete.
(2)
Preapplication review.
(a)
Whenever the regulations of this chapter expressly require that uses or activities requiring special exception approval be referred to a board, commission, or other review body for preapplication review, the Zoning Officer must refer the special exception proposal to such board, commission, or review body for review. The Zoning Officer is also authorized to refer a proposed special exception to a board, commission, or review body for review based on the location or nature of the proposed special exception use or activity.
(b)
The general purpose of preapplication review by other boards, commissions, or bodies is to ensure review for compliance with applicable plans, regulations, policies, and guidelines and to provide timely background information for the Zoning Hearing Board's consideration.
(c)
Applicants proposing special exception uses or activities requiring preapplication review must submit to the Zoning Officer a written request to be placed on the next available meeting agenda of the subject board, commission, or review body. The request must be received by the Zoning Officer at least 30 days in advance of the meeting.
(d)
Once the board, commission, or other review body has conducted its final preapplication review meeting on the proposed special exception, the applicant may submit the special exception application. In order for comments and recommendations to be considered by the Zoning Hearing Board, the board, commission, or other review body must submit them in writing to the Zoning Officer within 45 days of the close of the final meeting at which the matter was considered.
C.
Application filing. Once all required preapplication activities are complete, special exception applications may be filed by the subject property owner, as defined in § 660-110D, or by any tenant of the subject property with written permission of the property owner. Applications must be filed within 30 days of completion of all required preapplication activities.
D.
Notice of hearing. Notice of the Zoning Hearing Board's required public hearing on the special exception application must be provided in accordance with the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
Hearing and final action.
(1)
The Zoning Hearing Board must hold a public hearing on the special exception application and, following the close of the hearing, act to approve the special exception application, approve the special exception application with conditions or deny the special exception application. The Zoning Hearing Board may not take action on the special exception application until the Zoning Officer has received preapplication review comments (when required) or until 45 days after the close of the final preapplication meeting at which the matter was considered.
(2)
In all cases, the public hearing before the Zoning Hearing Board must be held within 60 days of receipt of a complete special exception application and a decision on the application must be entered within 45 days of the close of the hearing, unless the applicant agrees in writing to an extension of time.
(3)
Special exception applications may be approved by a simple majority vote of the Zoning Hearing Board.
F.
Review and approval criteria.
(1)
General.
(a)
In acting on requests for special exception approval, the Zoning Hearing Board must consider:
[1]
Whether the proposed special exception is in general conformity with the comprehensive plan; and
[2]
Whether the proposed special exception will result in land use and development that is generally consistent with and not detrimental to the surrounding neighborhood area.
(b)
The Zoning Hearing Board may not approve a special exception application if it determines any one or more of the following:
[1]
That the requested special exception would result in a significant traffic safety hazard;
[2]
That the requested special exception would create a significant public health and/or safety hazard;
[3]
That the requested special exception would cause substantial negative impacts upon an established residential neighborhood;
[4]
That the requested special exception application does not comply with applicable use-specific standards or other applicable regulations of this chapter.
(2)
Conditions of approval. In acting on any special exception application, the Zoning Hearing Board is authorized to impose such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter (see also § 660-110H).
G.
Lapse of approval.
(1)
An approved special exception lapses and has no further effect unless:
(a)
All required City permits are issued and work is actively initiated within 12 months of the date of approval by the Zoning Hearing Board; and
(b)
All construction work is completed, the use is established, and all required inspections have been completed within 24 months of the date of approval by the Zoning Hearing Board.
(2)
The lapse of approval time-frames of this section may be extended by the Zoning Hearing Board for good cause shown. Extension requests must be filed before the special exception expires. Extension requests must be processed in accordance with the special exception procedures of this section and include all fees, notices and public hearings required for new special exception requests.
H.
Successive applications. The Zoning Hearing Board is authorized to decline to consider any application for the same or substantially the same special exception for 12 months from the date of denial of the previous special exception request by the Zoning Hearing Board.
I.
Modifications. Modifications to approved special exceptions must be processed as a new special exception application, including all requirements for fees, notices and public hearings, except the Zoning Officer is authorized to approve minor modifications, such as the following:
(1)
Any modifications expressly authorized by the Zoning Hearing Board at the time of special exception approval; and
(2)
The addition or relocation of customary accessory uses and structures.
J.
Appeals. A party aggrieved by a decision of Zoning Hearing Board may appeal such decision to court in accordance with the Municipalities Planning Code.
Figure 660(32) Special Exceptions |
 |
§ 660-116 Variances.
A.
General. The Zoning Hearing Board is authorized to hear and decide requests for variances when it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant.
B.
Prohibited variances. The zoning variance procedures of this section may not be used to:
(1)
Waive, modify or otherwise vary any of the review and approval procedures;
(2)
Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized decision-making body or the state or federal government; or
(3)
Waive, vary or modify provisions for which variances are expressly prohibited.
C.
Application filing. A variance application may be filed only after the Zoning Officer denies a zoning permit for non-compliance with this chapter, and in cases when an application requires special exceptions and variances, any preapplication activities required by § 660-115 are complete. Variance applications may be filed by the subject property owner, as defined in § 660-110D, or by any tenant of the subject property with written permission of the property owner. Applications must be filed with the Zoning Officer within 30 days of the zoning permit denial or completion of any preapplication activities.
D.
Notice of hearing. Notice of the Zoning Hearing Board required public hearing on a variance application must be provided in accordance with the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
Hearing and final action.
(1)
The public hearing before the Zoning Hearing Board must be held within 60 days of receipt of a complete variance application and a decision on the application must be entered within 45 days of the close of the hearing, unless the applicant agrees in writing to an extension of time.
(2)
Variance applications may be approved by a simple majority vote of the Zoning Hearing Board.
F.
Review and approval criteria.
(1)
General. In order to approve a variance application, the Zoning Hearing Board must make all of the following findings:
(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 zone 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 applicant;
(d)
That the variance, if authorized, will not alter the essential character of the neighborhood or zone 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
(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 at issue.
(2)
Conditions of approval. In acting on any variance, the Zoning Hearing Board is authorized to impose such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter (see also § 660-110H).
G.
Lapse of approval.
(1)
An approved variance lapses and has no further effect unless:
(a)
All required City permits are issued and work is actively initiated within 12 months of the date of approval by the Zoning Hearing Board; and
(b)
All construction work is completed, the use is established, and all required inspections have been completed within 24 months of the date of approval by the Zoning Hearing Board.
(2)
The lapse of approval time-frames of this section may be extended by the Zoning Hearing Board for good cause shown. Extension requests must be filed before the variance expires. Extension requests must be processed in accordance with the variance procedures of this section and include all fees, notices and public hearings required for new variance requests.
H.
Successive applications. The Zoning Hearing Board is authorized to decline to consider any application for the same or substantially the same variance for 12 months from the date of denial of the previous variance request by the Zoning Hearing Board.
I.
Appeals. A party aggrieved by a decision of Zoning Hearing Board may appeal such decision to court in accordance with the Municipalities Planning Code.
Figure 660(33) Variances |
 |
§ 660-117 Reasonable accommodation.
A.
Purpose. The procedures of this section establish a process for considering requests to modify otherwise applicable regulations to ensure reasonable accommodation for persons with disabilities seeking equal access to housing under the Americans with Disabilities Act[1] and the Federal Fair Housing Amendments Act.[2] For the purposes of this chapter, "reasonable accommodation" means providing an individual with a disability or developers of housing for individuals with a disability, flexibility in the application of zoning regulations (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
B.
Application filing.
(1)
Applications for reasonable accommodation must be filed with the Zoning Officer.
(2)
The application must include a detailed explanation of why the requested modification is reasonably necessary to make the specific housing available to a person with a disability, including information establishing that the applicant is disabled under applicable laws, as well as other information required by the Zoning Officer to make the required determinations. If the project for which the reasonable accommodation request is being made also requires an additional zoning approval, then the applicant must file the request concurrently with the application for such approval.
C.
Review and approval. Reasonable accommodation requests must be processed in accordance with the special exception procedures of § 660-115. In acting on such requests, the Zoning Hearing Board must determine whether the applicant has demonstrated that the requested modification is necessary to provide a "reasonable accommodation" required by the Americans With Disabilities Act, the Federal Fair Housing Amendments Act, or applicable state law.
D.
Transfer. Approved requests for reasonable accommodation are granted to an individual and do not run with the land unless the Zoning Hearing Board determines that the modification is physically integrated into the structure and cannot easily be removed or altered to comply with this chapter or the accommodation is likely to be used by another individual with a disability.
§ 660-118 Building permits.
A.
Applicability. Building permits must be secured from the building inspector before starting any construction, erection or alteration of any building, structure, sign or billboard.
B.
Zoning permit prerequisite. Building permits may be issued by the building inspector only after a zoning permit is issued.
C.
Display. Building permits must be displayed, as required by the building code. Display of the building permit serves the purpose of the zoning permit.
§ 660-119 Certificates of occupancy.
If a certificate of occupancy is required under another code or ordinance, and if the activity involves a new building or change in the type of use, the Zoning Officer must sign the certificate of occupancy before occupancy of the building or affected portion of the building. The Zoning Officer's signature is intended to show that such building or use complies with this chapter.
§ 660-120 Certificates of zoning compliance.
Upon request and payment of applicable fees, a certificate of zoning ordinance compliance may be issued by the Zoning Officer certifying that an existing building, structure or use complies with all applicable provisions of this chapter and/or decisions of the Zoning Hearing Board.
§ 660-121 Appeals of administrative decisions.
A.
Applicability. The Zoning Hearing Board is authorized to hear and decide appeals when it is alleged there has been an error in any order, requirement, decision or determination made by the Zoning Officer or other authorized administrative official in the administration and interpretation of this chapter or those regulations specified in Section 909.1 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10909.1.
B.
Right to appeal. Except as otherwise expressly stated in this chapter, appeals of administrative decisions may be filed by any person aggrieved by the administrative official's decision or action. The Zoning Hearing Board is authorized to make determinations about whether individuals filing appeals are "aggrieved" by the decision or action.
C.
Filing of appeal. Appeals of administrative decisions must be filed with the Zoning Officer within 30 days of the date of the decision or determination being appealed by filing a notice of appeal specifying the grounds for the appeal.
D.
Effect of filing. The filing of a complete notice of appeal from any other order, requirement, or decision stays all proceedings in furtherance of the action being appealed, unless the Zoning Officer or other official from whom the appeal has been taken certifies to the Zoning Hearing Board (after the notice of appeal has been filed) that, for reasons stated in the official's certification, a stay would cause imminent peril to life or property. In that case, proceedings are stayed only upon issuance of a restraining order, which may be granted by the Zoning Hearing Board or a court of record.
E.
Notice of hearing. Notice of the Zoning Hearing Board's required public hearing on the appeal must be provided in accordance with the Municipalities Planning Code and include mailed notice to parties in interest at least six days before the date of the required public hearing.
F.
Hearing and final action.
(1)
The Zoning Hearing Board must hold a public hearing to consider the appeal within 60 days of the date that the notice of appeal was filed.
(2)
Within 45 days of the close of the public hearing, the Zoning Hearing Board must take action on the appeal. The Board's decision must be supported by written findings of fact.
(3)
In exercising the appeal power, the Zoning Hearing Board has all the powers of the administrative official from whom the appeal is taken. The Zoning Hearing Board may affirm or reverse, wholly or in part, or modify the decision being appealed. The concurring vote of at least a simple majority of the Zoning Hearing Board is necessary to reverse an administrative decision.
(4)
In acting on the appeal, the Zoning Hearing Board must grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
G.
General review criterion. An administrative decision may be reversed only if the Zoning Hearing Board finds that the Zoning Officer or other administrative official erred.
H.
Lapse of approval.
(1)
The decision of the Zoning Hearing Board on an appeal lapses and has no further effect unless:
(a)
All required City permits are issued and work is actively initiated within 12 months of the date of approval by the Zoning Hearing Board; and
(b)
All construction work is completed, the use is established, and all required inspections have been completed within 24 months of the date of approval by the Zoning Hearing Board.
(2)
The lapse of approval time-frames of this section may be extended by the Zoning Hearing Board for good cause shown. Extension requests must be filed before the appeal decision expires. Extension requests must be processed in accordance with the appeal procedures of this section and include all fees, notices and public hearings required for new appeal requests.
I.
Appeals. A party aggrieved by a decision of Zoning Hearing Board may appeal such decision to court in accordance with the Municipalities Planning Code.
