Applewold City Zoning Code
CHAPTER 153
ZONING
§ 153.001 SHORT TITLE.
This chapter shall be known and may be cited as “The Zoning Ordinance of the Borough of Applewold,” and the district map shall be known and may be cited as the “Zoning District Map.”
(Prior Code, § 101) (Ord. 89, passed - -1986)
§ 153.002 PURPOSES.
(A) The purposes of this chapter are to promote the public health, safety, and general welfare; to facilitate and encourage orderly and appropriate development and redevelopment; to preserve and improve the natural beauty and tranquility of the physical and social environment and to enhance the quality of life guaranteed the citizens of the commonwealth under Article I, § 27 of the Constitution of the commonwealth; to establish population density maximums; to prevent or reduce traffic congestion; and to maintain the quality and operation of the public water supply and sewerage systems, fire and police protection, schools, parks, and other necessary services.
(B) The Land Use Development Plan for Armstrong County, 2016, contains specific community development objectives which are the basis for the following objectives:
(1) Physical resources.
(a) Employ proper land development techniques to eliminate practices that waste land;
(b) Maintain the basic residential character of a relatively developed community; and
(c) Provide the maximum return in comfort, convenience, and services for a minimum of tax expenditures.
(2) Enhancement of the environment.
(a) Improve the aesthetic appearance of the community;
(b) Provide park and other recreation amenities;
(c) Provide adequate water and sewerage systems; and
(d) Safeguard against physical blight and declining property values.
(3) Community identity.
(a) Emphasize an orderly and cohesive development pattern; and
(b) Development of community focal points.
(Prior Code, § 102) (Ord. 89, passed - -1986)
§ 153.003 FINDINGS.
The Borough Council makes the following findings in adopting this chapter.
(A) The present uses of all parcels within the limits of the borough are consistent with the residential nature of the borough which has existed throughout its 85-year history. The businesses which have existed during this period — a resort hotel (The Rivercliff), two grocery stores, three beauty shops, a nursing home, a service station, a windshield repair shop, a doctor’s office, a boarding home, a surveying firm, a brokerage company — never altered this pattern of land use and, with exception of the windshield repair shop and the surveying firm, both operated from the proprietors’ homes and the boarding home for the elderly, are no longer extant.
(B) The borough occupies a very small geographic area, approximately one-half mile along the north-south axis and approximately one-quarter mile at the widest along the east-west axis. The Allegheny River prevents further expansion to the east, and on the west the river cliff is a barrier. An industrial area and swampy terrain lies to the south, while a major highway, Butler Pike, encompasses the northern boundary. The Township of East Franklin entirely surrounds the borough.
(C) A total of 128 dwellings and one boarding home for the elderly are occupied by approximately 400 persons. There are only three vacant lots with the borough, and all but 12 lots lie within the 100-year floodplain defined by U.S. Army Corps of Engineers studies. Consequently, further development for any purpose is quite limited.
(D) Many of the lots within the borough are quite narrow, and many families own more than one vehicle. Thus, there is a very considerable demand for relatively limited on-street parking space. In those areas in which multi-family dwellings, home businesses, and boarding homes are located, the availability of on-street parking is totally inadequate to meet the demands of resident and nonresident vehicular operators. It is therefore essential under these circumstances that off-street parking be provided in these situations.
(E) (1) Within one-half mile of the borough are the commercial areas of the Boroughs of Kittanning and West Kittanning and the Franklin Village mall in the Township of East Franklin in which are available all the essential goods and services.
(2) Both heavy and light industry exits in the Boroughs of Kittanning and Ford City, as well as being scattered throughout other nearby municipalities. Metropolitan Pittsburgh is less than an hour distant, and many residents travel the Allegheny Valley Expressway corridor to other places of employment.
(Prior Code, § 103) (Ord. 89, passed - -1986)
§ 153.004 DEFINITIONS.
(A) It is the intent of the Borough Council to use language in this chapter within the common meaning of the words and phrases contained herein. Unless the context clearly manifests an intent to give certain words and phrases a meaning at variance with common usage or unless any certain words and phrases are “words of art” and the context of these words and phrases manifests an intent to use them as “words of art” or unless the context clearly manifests an intent to use these words and phrases as defined by judicial glossing.
(B) In the event of any ambiguity in the language of this chapter, those principles set forth in the Rules of Construction, 1 Pa.C.S. §§ 1901 et seq., which may be applicable in this context shall control.
(Prior Code, § 104) (Ord. 89, passed - -1986)
§ 153.005 SPECIFIC DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BOARD. Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
DECISION. Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All DECISIONS shall be appealable to the Court of Common Pleas of the county and judicial district wherein the borough lies.
DETERMINATION.
(1) Final action by an officer, body, or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(a) The Borough Council;
(b) The Zoning Hearing Board; or
(c) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances.
(2) DETERMINATIONS shall be appealable only to the boards designated as having jurisdiction for such appeal.
LAND DEVELOPMENT.
(1) Any of the following activities:
(a) The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
1. A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
2. The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purposes of, streets, common areas, leaseholds, condominiums, building groups, or other features.
(b) A subdivision of land.
(2) LAND DEVELOPMENT does not include development which involves:
(a) The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(b) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or
(c) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this definition, an AMUSEMENT PARK is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
LOT. A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
MOBILE HOME. A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT. A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MUNICIPAL AUTHORITY. A body politic and corporate created pursuant to 53 Pa.C.S. §§ 5601 et seq.
NONCONFORMING LOT. A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING STRUCTURE. A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such NONCONFORMING STRUCTURES include, but are not limited to, nonconforming signs.
NONCONFORMING USE. A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
PLANNED RESIDENTIAL DEVELOPMENT. An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage, and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
PUBLIC GROUNDS. Includes:
(1) Parks, playgrounds, trails, paths, and other recreational areas and other public areas;
(2) Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities; and
(3) Publicly owned or operated scenic and historic sites.
PUBLIC HEARING. A formal meeting held pursuant to public notice by the Borough Council, intended to inform and obtain public comment, prior to taking action in accordance with the this chapter.
PUBLIC MEETING. A forum held pursuant to notice under Act 1998-93, known as the “Sunshine Act,” 65 Pa.C.S. §§ 701 et seq.
PUBLIC NOTICE. Notice published once each week for two successive weeks in a newspaper of general circulation in the borough. Such NOTICE shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing,
REPORT.
(1) Any letter, review, memorandum, compilation, or similar writing made by any body, board, officer, or consultant other than a solicitor to any other body, board, officer, or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination.
(2) All REPORTS shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body, or agency, nor shall any appeal lie therefrom.
(3) Any REPORT used, received, or considered by the body, board, officer, or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
SPECIAL EXCEPTION. A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
STREET. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STRUCTURE. Any human-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION.
(1) The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development
(2) Provided, however, that the SUBDIVISION by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
VARIANCE. Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 et seq.
(Prior Code, § 105) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.006 ESTABLISHMENT OF DISTRICTS.
For the purposes of applying the provisions of this chapter, the borough is divided into the following zoning districts:
(A) R Residential;
(B) E Economic; and
(C) N Natural.
(Prior Code, § 201) (Ord. 89, passed - -1986)
§ 153.007 MAPS AND BOUNDARIES.
(A) The boundaries of these districts are hereby established as shown on the map entitled “Zoning District Map” on file in the office of the Zoning Officer, which map with all explanatory matter thereon shall be deemed to accompany, be, and thereby made a part of this chapter.
(B) (1) The boundaries between districts are, unless otherwise indicated, either the center lines of streets or such lines extended, or parallel lines hereto, property lines, or other physical boundaries and delineations.
(2) Where streets, property lines, or other physical delineations are not applicable, boundaries shall be determined by the scale shown on the zoning districts map.
(Prior Code, § 202) (Ord. 89, passed - -1986)
§ 153.008 USE OF PROPERTY.
(A) (1) No building shall hereafter be erected or altered than specified herein:
(a) To exceed the height;
(b) To accommodate a greater number of families;
(c) To occupy a greater percentage of lot area; or
(d) To have narrower or smaller rear yards, front yards, or side yards.
(2) However, in the event that application of the side setback specifications would require that a residence on any given lot be less than 26 feet in width, a residence may be constructed on such a lot beyond the side setback limits, provided that the residence is centered on the lot and is not wider than the width of the lot less two feet on either side, or is 26 feet, whichever is less.
(B) (1) The front setback shall be measured from the curb line of Allegheny Avenue, Franklin Avenue, Ridge Avenue, Poplar Street, Maple Street, or Hickory Street along the long axis of the lot.
(2) The side setback shall be measured from the lot lines parallel to the long axis of the lot.
(3) In the event that the long axis of any given lot is not more or less perpendicular to the center line of the fronting roadway, the front and side setbacks shall be fixed in such a way that the placement of the residence on any such lot is harmonious with placement of residences in the vicinity of that lot.
(C) No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.
(Prior Code, § 301) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.009 SUMMARY OF LOT AREA REQUIREMENTS.
(Prior Code, § 501) (Ord. 89, passed - -1986)
§ 153.010 APPEALS.
Proceedings for securing review of any ordinance, decision, determination, or order of the Borough Council, its agencies, or officer adopted or issued pursuant to this chapter shall be in accordance with the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq., as amended.
(Prior Code, § 1201) (Ord. 89, passed - -1986)
§ 153.025 R RESIDENTIAL.
In R Residential Districts, only the following structures and uses are permitted:
(A) Single-family detached dwellings;
(B) Multi-family dwellings subject to the lot area requirements per unit contained herein;
(C) Private garages and outbuildings accessory to the principal use (noncommercial);
(D) Parks, playgrounds, and other recreational uses (noncommercial);
(E) Educational and religious uses;
(F) Home gardening without sale of products (noncommercial);
(G) Bomb or fallout shelters;
(H) Municipal buildings;
(I) The keeping of animals in this district shall be limited to house pets in the normal meaning of the term and shall not be interpreted to include any activity of a commercial nature such as a kennel or coop functions;
(J) Home occupations and professional offices of the occupant as subsidiary and subordinate use to residential units, provided however:
(1) Official residence shall be maintained by the occupant who may be an owner, a renter, or a lessee;
(2) The accessory use shall not occupy more than 40% of the ground floor area of the principal dwelling building;
(3) There shall not be an animal hospital or animal clinic in connection therewith; and
(4) There shall be a minimum of three off-street parking spaces in addition to those required under the provisions of this chapter.
(K) Police and fire protection buildings;
(L) Conversion apartments, under the following conditions.
(1) Each living unit provides a minimum of not less than 200 square feet of habitable living area.
(2) Each living unit contains not less than one bathroom and three habitable rooms, at least one of which shall be a bedroom.
(3) Separate and private sanitary facilities, cooking and dining accommodations are provided for each living unit.
(4) Fire and safety provisions are certified to be adequate by the Chief of the Borough Fire Department.
(5) A minimum of one off-street parking space is provided for each residential unit.
(M) Group or boarding homes, provided that they meet all federal, state, and local requirements imposed by statute, regulation, or ordinance, now or hereafter adopted.
(Prior Code, § 401) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.026 E ECONOMIC.
In E Economic Districts, only the following uses are permitted:
(A) Private clubs, lodges, recreation buildings or properties (noncommercial);
(B) Personal services, barber shops, beauty shops, stores, minor repair shops, and dry-cleaning pickup stores;
(C) Banks, motels, offices, restaurants, food, eating, and drinking establishments;
(D) Wholesale establishments, warehousing, automotive display, sales, repair, and associated uses, except wrecking and storage of junk vehicles;
(E) Printing, publishing, and allied processes;
(F) Retail establishments;
(G) Gasoline service stations and automobile repair;
(H) Accessory buildings and uses;
(I) Parking as required in this chapter;
(J) Building material supplies, including stone crushing or concrete mixing;
(K) Distribution plant, beverage bottling or distribution;
(L) Laboratories devoted to research, design, experimentation, processing, and fabrication incidental thereto;
(M) Carpenter, electrical, plumbing, heating, or sheet metal shop, furniture upholstering, laundry and clothes cleaning or dyeing establishment, printing shop, or publishing plant;
(N) The manufacturing of chemicals, rubber products; and
(O) Transport facilities, including, without limitation, rail, truck, and bus.
(Prior Code, § 402) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.027 N NATURAL.
In N Natural Areas, the only permitted use is non-permanent boat docking and other recreational non-commercial uses. In this area, there shall be no permanent structure of any type or for any purpose whatsoever, nor shall there be any temporary structures of any type or for any purpose, other than temporary non-permanent boat docks, grass, ornamental vegetation and trees of the permitted species may be planted and maintained in those portions of the natural areas which are at street level. Trees of the permitted species may be planted along the riverbank below the street level, however, all other vegetation within this area shall be such as occurs naturally. Nothing shall be done within this area to prevent regeneration of natural vegetation within this area.
(Prior Code, § 403) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.040 OFF-STREET PARKING IN R RESIDENTIAL DISTRICT.
Off-street parking facilities shall be provided in the Residential District as specified herein.
(A) For any multi-family structure, there shall be a minimum of one off-street parking space per living unit within the structure.
(B) Off-street parking facilities for other permitted uses in the R District are as follows:
(1) Residential uses: one per 300 square feet of gross lot area;
(2) Home occupation: three parking spaces; and
(3) Churches, auditoriums, or other places of public assembly: one parking space for each three seats.
(C) For any group or boarding home, the minimum number of off-street parking spaces shall be equal to the number of residents in any such home divided by two.
(Prior Code, § 601) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.041 OFF-STREET PARKING IN E ECONOMIC DISTRICT.
Off-street parking facilities shall be provided in the Economic District as specified herein.
(A) (1) The required parking spaces shall be determined by the Borough Council.
(2) Prior to the issuance of a zoning permit by the Zoning Officer, plans of the proposed commercial or industrial development shall be submitted to the Planning Committee of Council who will review and recommend approval to the Council.
(3) The Council must approve the proposed parking plans prior to the issuance of the zoning permit.
(B) The loading and unloading of trucks and all other vehicles shall be conducted in such a manner that no part of said truck or vehicle or the operation of loading or unloading shall extend onto the adjacent sidewalk or roadway, or in any other manner hinder or impede the use thereof.
(Prior Code, § 602) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.055 APPLICATIONS.
(A) Signs may be erected and maintained only when in compliance with the provisions of this subchapter and any and all other ordinances and regulations of the borough relating to the erection, alteration, or maintenance of signs and similar devices.
(B) Within ten feet of the curb line of any street or avenue within the borough or along the east side of Allegheny Avenue to an elevation 15 feet below the level of the road surface, trees may be planted and maintained only in compliance with the provisions of this subchapter and all other ordinances and regulations of the borough relating to the planting, maintaining, and cutting of trees and other vegetation.
(C) Operation and parking of vehicles on the streets and alleys within the borough shall be subject to the limitations set forth herein.
(Prior Code, § 701) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.056 PERMITTED SIGN USE.
(A) R Residential District.
(1) Signs advertising the sale, rental, or development of property; signs indicating the location and direction of premises; signs erected by churches, schools, or other similar institutions; signs supporting political candidates who are running in the next election from the first day of the third month prior to the month in which the election is to be held until the second day following the election, provided the area of any such sign does not exceed 12 square feet;
(2) Small announcement signs designating professional offices such as those of a doctor, lawyer, engineer, architect, or similar professional person, provided such signs do not exceed two square feet in area;
(3) The bottom-most part of signs shall not exceed the height of two and one-half feet above ground level;
(4) The face of any sign shall be parallel to the curb line from which the front setback is measured; and
(5) Signs shall be located a minimum distance of 15 feet from the street right-of-way.
(B) E Economic District.
(1) Signs normally contingent to a business, and erected at the site of such business, are permitted, unless otherwise specified in this chapter.
(2) Signs, parking areas, and buildings may be illuminated, provided the use of such illumination does not confuse, blind, or distract vehicle operators on the streets or highways adjacent to the site.
(3) The bottom-most part of signs shall not exceed the height of two and one-half feet above ground level.
(4) The face of any sign shall be parallel to the curb line from which the front setback is measured.
(5) Signs shall be located a minimum distance of 15 feet from the street right-of-way.
(C) N Natural District. No signs whatsoever are permitted within this district.
(Prior Code, § 702) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.057 CONDITION AND MAINTENANCE OF SIGNS.
In addition to the other requirements of this chapter, every sign referred to herein must be constructed of durable materials, kept in repair, and not allowed to become dilapidated. Each sign shall be removed when the circumstances leading to its erection no longer apply.
(Prior Code, § 703) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.058 PURPOSE OF SIGN USED.
In addition to other requirements of this chapter, no signs or other advertising displays shall be permitted, except those specifically pertaining to the use of the property on which they are located. Further, all lighting and illumination of signs shall conform to accepted practices regarding hazards to traffic.
(Prior Code, § 704) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.059 BILLBOARDS.
Billboards are prohibited in all districts.
(Prior Code, § 705) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.060 TREE SPECIES.
(A) Within the areas described above, no species of tree shall be planted other than sugar maple, acer aachrum, or black maple, acer nigrum. For purposes of this section, TREES shall mean any woody plant having a mature height in excess of eight feet.
(B) The borough may itself plant trees of these species within these areas or may require the landowner to plant such trees therein.
(C) The borough may also remove or require the removal of any tree within this area, either by reason of the condition of the tree or by reason of the species thereof, and replacement thereof with either approved species of maple. In the event that removal is required by reason of the species of the removed tree, the borough shall compensate the landowner for the cost of removal and replacement.
(Prior Code, § 706) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.061 STREETS.
(A) (1) Except for the portion of Allegheny Avenue which lies within the confines of State Highway Route 422, no vehicle shall be operated on the streets or alleys of the borough with a gross weight in excess of 15,000 pounds.
(2) This weight limit shall not apply to any vehicle delivering material to or picking up material from any property nor to any vehicle for which a special permit to operate has been issued by the Mayor nor to the operation of vehicles hauling food or household goods, public utility vehicles, firefighting vehicles, or school or public transportation buses.
(B) (1) (a) No boat, trailer, or truck, except those with a capacity of less than three-quarters of a ton, truck tractor, or truck trailer shall be parked on any street or alley in the borough; provided however, a truck or truck tractor and trailer may be parked for the purpose of delivering material to or picking up material from any property within the borough.
(b) Parking for such a purpose shall be limited to the time reasonably necessary to complete the delivery or pickup.
(2) No vehicle whatsoever shall be parked on the east side of Allegheny Avenue, either at the edge of the paved roadway or beyond within the Natural Area.
(Prior Code, § 707) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.075 GENERAL.
The provisions of this chapter shall be subject to such exceptions, additions, or modifications as herein provided by the following supplementary regulations.
(Prior Code, § 801) (Ord. 89, passed - -1986)
§ 153.076 ESSENTIAL SERVICES.
Essential services, as defined herein, shall be permitted within the borough, subject to restrictions approved by the Borough Council, based on the recommendation of the Planning Committee with respect to use, design, yard area, setback, and height.
(Prior Code, § 802) (Ord. 89, passed - -1986)
§ 153.077 STRUCTURES ON SMALL LOTS.
Notwithstanding the limitations imposed by any other provisions of this chapter, the Zoning Hearing Board may permit erection of a structure on any lot separately owned or under contract of sale containing, at the time of the effective date of this chapter, an area or width smaller than that required for a single-family dwelling.
(Prior Code, § 803) (Ord. 89, passed - -1986)
§ 153.078 STORAGE.
(A) No lot or premises shall be used for the storage of junk vehicles, appliances, furniture, glass, scrap metal, or industrial, commercial, or household waste nor for the storage or collection of any other miscellaneous items not reasonably related to the permitted actual use of the lot or premises nor for the storage of items reasonably related to the permitted actual use in excess of the amount reasonably necessary for the permitted actual use.
(B) (1) Storage of items reasonably related to the permitted actual use shall only be done inside a fully enclosed building, and no such storage shall be done on any porch or in any yard.
(2) No lot or premises shall be used as a garbage dump or a dead animal rendering plant, nor may manure, rubbish, or garbage be collected and stored within the borough where the same may be construed as a detriment to public health or safety.
(C) Household garbage may be temporarily accumulated within fully enclosed containers constructed of impermeable materials in such a manner as to be airtight and watertight.
(D) No exceptions shall be made.
(Prior Code, § 804) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.079 ENVIRONMENTAL PROTECTION.
No person shall conduct any activity within the borough which results in pollution of the waters of the commonwealth, as those terms are defined in “The Clean Streams Law, Act of 22 June, 1937, P.L. 1987, as amended, 35 P.S. §§ 691.1 et seq., or in air pollution or air contamination, as those terms are defined in the “Air Pollution Control Act,” Act of 8 January, 1960, P.L. (1959) 2119, as amended, 35 P.S. §§ 4001 et seq., nor shall any owner or occupant of any lot within the borough permit any condition thereon to remain which results in pollution of the waters of the commonwealth or in air pollution or air contamination.
(Prior Code, § 805) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.080 FENCES OR HEDGES.
(A) No fence, structure, or wall shall be located between the curb line of any street and the main structure.
(B) (1) Hedges or other planting shall not be located at street corners so as to block a clear line-of-sight across the corner lots.
(2) The height of such vegetation is restricted to three feet within a triangular point on each curb line 30 feet from the corner intersection of these curb lines.
(Prior Code, § 806) (Ord. 89, passed - -1986)
§ 153.081 LOT AREA MEASUREMENT.
For purpose of measuring lot area on exceptionally deep lots, only that part of the depth which is less than six times the average width of the lot may be utilized in calculations.
(Prior Code, § 807) (Ord. 89, passed - -1986)
§ 153.082 SWIMMING POOLS.
Private swimming pools are permitted only when located in the rear yards, properly fenced according to any federal, state, or local statute, regulation, or ordinance and so as to avoid becoming an attractive nuisance.
(Prior Code, § 808) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.083 CONSTRUCTION STANDARDS.
(A) No living quarters shall be placed in a cellar dwelling or garage or in any other room or space having less than seven feet of ceiling clearance above the first floor of the residence. The elevation of the first floor of any residence shall be above the elevation of the 100-year flood level as determined by the U.S. Army Corps of Engineers for Pool #6 of the Allegheny River.
(B) No structure of a temporary character shall be used at any time as a residence, either temporarily or permanently.
(C) (1) The cost of any residence erected within the borough, exclusive of the cost of preparing the ground, the cost of the foundation and the cost of any porches or garages shall be not less than $27,000 adjusted by a factor equal to the average Consumer Price Index for the year preceding construction as compared with the average Consumer Price Index for 1985, all Urban Consumers, United States (CPI) published by the United States Department of Labor, or, in the event this index is no longer published, by such other index as may approximate this inflation figure.
(2) Any residence constructed within the borough shall be permanently and integrally attached to the foundation and shall be constructed in accordance with the cost recently published HUD and IBC Building Codes related to permanent structures.
(Prior Code, § 809) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.084 ACCESSORY STRUCTURES.
Structures permitted within this chapter as complementary to the principal structure shall be located per all uses by the following.
(A) No structure shall be located within the required distance from the front lot line to the building line of the principal structure.
(B) No structure on corner lots shall be located less than the required distance from the front lot line to the building line of the structure for the adjoining lot on the side street.
(C) No accessory structure shall be located between the front curb line and the principal structure.
(Prior Code, § 810) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.085 BUILDING SETBACKS.
Where one or more existing structures are located on lots within 100 feet in either direction of a proposed structure, setback shall conform with the average setbacks of the existing structures.
(Prior Code, § 811) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.100 WHEN PERMITTED.
Subject to the provisions of this subchapter, a use of building or land existing at the time of the effective date of this chapter may be continued even though such use does not conform with the provisions of these regulations for the district in which it is located.
(Prior Code, § 901) (Ord. 89, passed - -1986)
§ 153.101 UNSAFE STRUCTURE.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
(Prior Code, § 902) (Ord. 89, passed - -1986)
§ 153.102 ALTERATIONS.
A nonconforming building or structure may be altered, improved, or reconstructed, provided such work is not to an extent exceeding in aggregate cost 75% of the fair market value of the building or structure, unless the building or structure is changed to a conforming use.
(Prior Code, § 903) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.103 RESTORATION.
Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any nonconforming building or structure damaged by fire, collapse, explosion, or Act of God subsequent to the effective date of this chapter wherein the expense of such work does not exceed 75% of the fair market value of the building or structure at the time such damage occurred.
(Prior Code, § 904) (Ord. 89, passed - -1986)
§ 153.104 EXTENSION.
A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the effective date of this chapter shall not be deemed the extension of such nonconforming use.
(Prior Code, § 905) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.105 CHANGES.
No nonconforming building, structure, or use shall be changed to another nonconforming use.
(Prior Code, § 906) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.106 CONSTRUCTION PRIOR TO EFFECTIVE DATE OF CHAPTER.
Nothing herein contained shall require any change in plans, construction, or designated use of a building or structure for which a zoning permit has been issued and the construction of which shall have been diligently prosecuted within two months of the date of such permit, and the ground story framework of which shall have been completed within four months of the date of the permit, and which the entire building shall be completed according to such plans as filed within one year from the effective date of this chapter.
(Prior Code, § 907) (Ord. 89, passed - -1986)
§ 153.107 ABANDONMENT.
(A) A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use.
(B) A nonconforming use shall be considered ABANDONED as follows:
(1) When the intent of the owner to discontinue the use is apparent;
(2) When the characteristic equipment and furnishing of the nonconforming use have been removed from the premises and have not be replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use;
(3) When a nonconforming use has been discontinued for a period of at least six months;
(4) When it has been replaced by a conforming use; or
(5) When it has been changed to another use under permit from the Zoning Hearing Board.
(Prior Code, § 908) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.120 APPOINTMENT AND POWERS OF THE ZONING OFFICER.
(A) For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the borough, shall be appointed.
(B) The Zoning Officer shall meet the qualifications established by the borough and shall be able to demonstrate to the satisfaction of the borough a working knowledge of municipal zoning.
(C) The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
(D) The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his or her employment.
(E) The Zoning Officer’s duties shall include, but are not limited to, the following:
(1) Receive applications for and issue zoning permits and sign permits as permitted by the terms of this chapter;
(2) Keep an official record of all business activities, including complaints of violation of any of the provisions of this chapter and of the action taken consequent on each such complaint. All such records shall be open to public inspection. File copies of all applications received, permits issued, reports and inspections made in connection with any structure, building, sign, or land shall be retained as long as they remain in existence;
(3) Make inspections as required to fulfill his or her duties. He or she shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his or her duties;
(4) Issue permits for special exception uses or for variances only after such uses or buildings have been approved by the Zoning Hearing Board in accordance with the regulations of this chapter;
(5) Be responsible for keeping this chapter and the Zoning Map up to date so as to include all amendments thereto;
(6) Issue certificates of use and occupancy in accordance with the terms of this chapter; and
(7) The Zoning Officer shall identify and register nonconforming uses and structures created as a result of the adoption of this chapter or created as a result of amendments thereto.
(F) (1) If it appears to the borough that a violation of this chapter has occurred, the borough shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
(2) The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
(3) An enforcement notice shall state at least the following:
(a) The name of the owner of record and any other person against whom the borough intends to take action;
(b) The location of the property in violation;
(c) The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter;
(d) The date before which the steps for compliance must be commenced and the date before which the steps must be completed;
(e) The recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of ten days; and
(f) Failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
(Prior Code, § 1001) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.121 ZONING PERMIT.
(A) No building, structure, or sign shall be erected, constructed, moved, added to, or structurally altered, nor shall land be put to any use without a permit therefor, issued by the Zoning Officer. No such permit shall be issued except in conformity with the provisions of this chapter, or upon written exception, variance, or as otherwise provided for by this chapter, or upon written order from the Zoning Hearing Board in the form of special exception, variance, or as otherwise provided for by this chapter, any applicable law or any court of competent jurisdiction.
(B) All applications shall be made in writing and shall be accompanied by two sets of plans showing at least the following information as applicable:
(1) Actual dimensions and shape of the lot to be built upon;
(2) The exact size and location on the lot of buildings, structures, or signs existing or proposed extensions thereto;
(3) The number of dwelling units, if applicable;
(4) Parking spaces provided or loading facilities;
(5) Statement indicating the existing or proposed use;
(6) Height of structure, building, or sign;
(7) Essential services; and
(8) All other information necessary for the Zoning Officer to determine conformance with and provide for enforcement of this chapter.
(C) One copy of the plans shall be returned to the applicant by the Zoning Officer after he or she shall have marked such copies either as approved or disapproved and attested to same by his or her signature on such copy.
(D) One copy of all such plans shall be retained by the Zoning Officer for his or her permanent records.
(E) Such approval and zoning permit shall be issued or refused within 30 days from date of application. In case of refusal, the applicant shall be informed of his or her rights of appeal. The application for a permit shall be submitted in such form as the Zoning Officer may prescribe.
(F) The zoning permit shall expire within six months from date of issuance if work described in any permit has not begun. If work described in any zoning permit has begun within the six-month period, said permit shall expire after two years from date of issuance thereof.
(Prior Code, § 1002) (Ord. 89, passed - -1986)
§ 153.122 CERTIFICATE OF USE AND OCCUPANCY.
(A) A certificate of use and occupancy shall be required upon the completion of the work contemplated. It shall be unlawful to use or occupy any structure, building, or land, or portions thereof, in any manner until a certificate of use and occupancy has been issued.
(B) The application for certificate of use and occupancy shall be submitted in such form as the Zoning Officer may prescribe.
(C) The Zoning Officer shall inspect any use, structure, building, sign, or land, or portions thereof, and shall determine the conformity therewith to this chapter. If he or she is satisfied that the completed work is in conformity with this chapter and with the work listed in the zoning permit, he or she shall issue a certificate of use and occupancy.
(D) Certificate of use and occupancy shall be granted or refused in writing, within ten days from the date of application.
(E) In situations in which performance standards are applicable, no certificate of occupancy shall become permanent until 30 days after the facility is fully operating and upon reinspection by the Zoning Officer to determine that the facility is in compliance with all performance standards. After reinspection, the Zoning Officer shall notify the applicant that the facility is in full compliance with all performance standards and that the certificate of use and occupancy is permanent or that the facility does not comply and that the certificate of use and occupancy is still temporary.
(Prior Code, § 1003) (Ord. 89, passed - -1986) Penalty, see § 153.999
§ 153.123 SCHEDULE OF FEES, CHARGES, AND EXPENSES.
(A) The Borough Council shall establish a schedule of fees, charges, and expenses and collection procedures for zoning permits, certificates of occupancy, special exceptions, variances, and appeals and other matters pertaining to this chapter.
(B) The schedule of fees shall be available for inspection in the office of the Zoning Officer and may be altered or amended by Borough Council.
(C) Until all application fees, charges, and expenses have been paid in full, no action shall be taken on any application of appeal.
(Prior Code, § 1004) (Ord. 89, passed - -1986)
§ 153.124 ENACTMENT OF ZONING ORDINANCE AMENDMENTS.
(A) The Borough Council may from time to time amend, supplement, or repeal any of the regulations and provisions of this chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in § 607 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10607, is hereby declared optional.
(B) Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the borough at points deemed sufficient by the borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
(C) In the case of an amendment other than that prepared by the Zoning Commission, the Borough Council shall submit each such amendment to the Zoning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Zoning Commission an opportunity to submit recommendations.
(D) If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(E) At least 30 days prior to the public hearing on the amendment by the Borough Council, the borough shall submit the proposed amendment to the County Planning Agency for recommendations.
(F) Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the County Planning Agency.
(Prior Code, § 1005) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.125 PROCEDURE FOR LANDOWNER CURATIVE AMENDMENTS.
(A) A landowner who desires to challenge on substantive grounds the validity of this chapter or the zoning map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his or her challenge and proposed amendment be heard and decided as provided in § 916.1 of the Pennsylvania Municipalities Planning Code (hereinafter “MPC”), 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Planning Commission and the County Planning Agency as provided in § 609 and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
(B) The hearing shall be conducted in accordance with § 908 of the MPC, 53 P.S. § 10908, and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Borough Council. If the borough does not accept a landowner’s curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court’s decision shall not result in a declaration of invalidity for this entire chapter and zoning map, but only for those provisions which specifically relate to the landowner’s curative amendment and challenge.
(C) The Borough Council, if it determines that a validity challenge has merit, may accept a landowner’s curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1) The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public service facilities;
(2) If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or zoning map;
(3) The suitability of the site for the intensity of use proposed by the site’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources, and other natural features;
(4) The impact of the proposed use on the site’s soils, slopes, woodlands, wetlands, flood plains, natural resources, and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
(5) The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
(Prior Code, § 1006) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.126 PROCEDURE FOR BOROUGH CURATIVE AMENDMENTS.
(A) If the borough determines that this chapter, or any portion thereof, is substantially invalid, it shall take the following actions: the borough shall declare by formal action this chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days of such declaration and proposal, the Borough Council shall:
(1) By resolution, make specific findings setting forth the declared invalidity of this chapter, which may include;
(a) References to specific uses which are either not permitted or not permitted in sufficient quantity;
(b) Reference to a class of use or uses which requires revision; or
(c) Reference to this entire chapter which requires revisions.
(2) Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.
(B) Within 180 days from the date of the declaration and proposal, the borough shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions of § 609 of the Pennsylvania Municipalities Planning Code (hereinafter “MPC”), 53 P.S. § 10609, in order to cure the declared invalidity of this chapter.
(C) (1) Upon the initiation of the procedures as set forth in division (A) above, the Borough Council shall not be required to entertain or consider any landowner’s curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under §§ 909.1 or 916.1 of the MPC, 53 P.S. §§ 10909.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by division (A) above.
(2) Upon completion of the procedures set forth in divisions (A) and (B) above, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.
(D) The borough, having utilized the procedures set forth in this section, may not again utilize said procedure for a period of 36 months following the date of enactment of a curative amendment, or reaffirmation of the validity of this chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty imposed upon the borough by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the borough may utilize the provisions of this section to propose a curative amendment to this chapter to fulfill said duty or obligation.
(Prior Code, § 1007) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.140 ZONING HEARING BOARD.
(A) There is hereby created for the borough a Zoning Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10901 et seq.
(B) The membership of the Board shall consist of five residents of the borough appointed by resolution by the Borough Council. The terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion. Members of the Board shall hold no other office in the borough.
(C) Any 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 which appointed the member, 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.
(D) The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action a quorum shall be not less than a majority of all the members of the Board, but 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 this chapter.
(E) The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the borough and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the borough and shall submit a report of its activities to the Borough Council as requested by the Borough Council.
(F) Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.
(Prior Code, § 1101) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.141 HEARINGS.
The Zoning Hearing Board shall conduct hearings and made decisions in accordance with the following requirements.
(A) Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(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 hearings shall be conducted by the Board, or the Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board, however, the appellant or the applicant, as the case may be, in addition to the borough, may, prior to the decision of the hearing, 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 borough, 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. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
(E) The chairperson or acting chairperson of the Board or the hearing officer presiding shall have 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 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. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or 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 his or her 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 materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the 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, as the case may be, 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. Conclusions based on any provisions of this chapter or of any law, ordinance, 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 or her 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 report of the hearing officer. Where the Board fails to render the decision within the period required by this division (J), or fails to hold the required hearing within 60 days from the date of the applicant’s request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within ten days from the last day it could have met to render a decision in the same manner as provided in division (A) above. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this division (J) shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(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 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.
(L) The Borough Council shall establish, by resolution, fees with respect to hearings before the Zoning Hearing Board.
(Prior Code, § 1102) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.142 JURISDICTION.
(A) The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1) Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter “MPC”), 53 P.S. §§ 10609.1, 10916.1;
(2) Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Borough and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court;
(3) Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure, or lot;
(4) Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance;
(5) Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 910.2 of the MPC, 53 P.S. § 10910.2;
(6) Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1;
(7) Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter;
(8) Appeals from the Zoning Officer’s determination under § 916.2 of the MPC, 53 P.S. § 10916.2; and
(9) Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving applications under Article V or VII of the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq.
(B) The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1) All applications for approvals of planned residential developments under Article VII of the MPC pursuant to the provisions of § 702 of the MPC, 53 P.S. § 10702;
(2) All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. §§ 10501 et seq;
(3) Applications for conditional use under the express provisions of this chapter;
(4) Applications for curative amendment to this chapter or pursuant to §§ 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1, 10916.1(a);
(5) All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the MPC, 53 P.S. § 10609; and
(6) Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to applications for land development under Articles V and VII of the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Borough Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this division (B) shall be to the Planning Commission and all appeals from the decision of the Planning Agency shall be to court.
(Prior Code, § 1103) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.143 VARIANCE.
(A) The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. 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 all of the following findings are made where relevant in a given case.
(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 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.
(3) Such unnecessary hardship has not been created by the applicant.
(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.
(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.
(B) 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 Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 et seq.
(Prior Code, § 1104) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.144 SPECIAL EXCEPTIONS.
Where the Borough Council, in this chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such 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 purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 et seq.
(Prior Code, § 1105) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.145 PARTIES APPELLANT TO THE BOARD.
Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Borough Council pursuant to the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq., procedural questions or alleged defects in the process of enactment or adoption of a land use ordinance; or from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot; from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter; from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving subdivision and land development or planned residential development may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the borough, or any person aggrieved. Requests for a variance and for special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner.
(Prior Code, § 1106) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.146 STAY OF PROCEEDINGS.
(A) Upon filing of any appeal proceeding before the Zoning Hearing Board, 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 which case 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. 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.
(B) (1) After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous.
(2) After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him or her if an appeal is taken from a final decision of the court.
(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. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.
(D) If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses, and attorney fees incurred by the petitioner.
(Prior Code, § 1107) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.147 TIME LIMITATIONS.
(A) No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by the borough if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he or she had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his or her interest after such approval, he or she shall be bound by the knowledge of his or her predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or an amendment hereto or map or an amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
(B) All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
(Prior Code, § 1108) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)
§ 153.999 PENALTY.
(A) (1) Any person, partnership, or corporation who or which 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 reasonable attorney fees incurred by the borough as a result thereof.
(2) No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the borough may enforce the judgment pursuant to the applicable rules of civil procedure.
(3) Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation 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 District Justice and thereafter, each day that a violation continues shall constitute a separate violation.
(B) The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(C) Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the borough the right to commence any action for enforcement pursuant to this section.
(D) District Justices shall have initial jurisdiction over proceedings brought under this section.
(Prior Code, § 1202) (Ord. 89, passed - -1986; Ord. 89A, passed 8-10-1993)