1.   Sequence of Steps. Under the terms of this Chapter, all new construction, additions, and changes in the type of occupancy must be made in conformance with the requirements contained herein. All persons desiring to undertake such new construction, additions, or changes shall conform to the following general procedure, as well as to all other applicable provisions this Chapter:

      A.   Application for Permit. Applicant applies to the Zoning Officer for a zoning permit and occupancy permit by filling out the appropriate application and by submitting the required fee.

      B.   Issuance of Zoning Permit. If the action proposed in the application is in accord with the regulations contained in this Chapter a zoning permit will be issued by the Zoning Official either on his own authority or, in certain cases as described in subsection .2, below, after referral to the Zoning Hearing Board or to the Planning Commission.

      C.   Action in Accordance with Zoning Permit. After receipt of the zoning permit the applicant may proceed to undertake the construction, alteration or change in use permitted by the zoning permit.

      D.   Inspection by Zoning Official. After completion of the construction, alteration or change in use and before occupancy take place on the premises, the Zoning Official inspects the premises and issues an occupancy permit if he finds the action has occurred in accordance with the zoning permit.

   2.   Zoning Permit Types. Under the terms of this Chapter, five general classes of zoning permits may be issued under which compliance with this Chapter may occur. Each of these classes requires a different procedural action as described below:

      A.   Permitted Uses. An application for a zoning permit for permitted use in a zoning district requires only the review of the Zoning Official, who determines whether the proposed construction, major alteration or change in use is in accordance with the requirements this Chapter. The Zoning Official then either issues or refuses to issue a zoning permit according to his decision.

      B.   Special Uses. An application for a zoning permit for a special use must be referred to the Zoning Hearing Board and to the Planning Commission by the Zoning Official. The Zoning Official is not empowered to make an independent decision on this matter, although he may submit recommendations to the Zoning Hearing Board and to the Planning Commission. The Planning Commission reviews the application and analyzes the proposed special use to determine compliance with provisions of this Chapter. The Planning Commission then gives recommendations to the Zoning Hearing Board who meets and makes a final decision on the special use. The Zoning Hearing Board then notifies the Zoning Official to either issue or refuse a zoning permit accordingly.

      C.   Zoning Permit After an Appeal. The applicant may appeal to the Zoning Hearing Board any action taken by the Zoning Official by submitting an application for an appeal to the Zoning Official and to the Secretary of the Zoning Hearing Board. The Board gives notice of the date for a public hearing and reviews the application to determine if the Zoning Official has acted properly. After the public hearing, and after reaching its decision, the Zoning Hearing Board can order the Zoning Official to either issue or refuse a permit accordingly.

      D.   Permit After a Variance Request. Where the applicant feels that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter he may appeal for a variance by submitting an application requesting such variance to the Zoning Official and to the Secretary of the Zoning Hearing Board. The Board gives notice of the date for a public hearing and reviews the application. After the public hearing and after reaching its decision the Board can order the Zoning Official to issue or refuse a zoning permit accordingly.

      E.   Permit After Request for Reclassification or Amendment. Where the applicant feels that this Chapter is in need of change in any part, the applicant may petition the Borough Council to consider an amendment to this Chapter. Such a petition shall be referred to the Planning Commission for their recommendation. The Borough Council may then, after proper notice, hold a public hearing on the proposed amendment. After the hearing the Borough Council shall make their decision on the proposed amendment. If the amendment is adopted the applicant can then proceed to apply for a zoning permit in the manner applicable to the type of use that he wishes to propose.

(Ord. 244A, 3/3/1975, Art. IX, §9.100)

   1.   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.

   2.   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 of Blossburg at points deemed sufficient by the Borough of Blossburg along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least 1 week prior to the date of the hearing.

   3. In the case of an amendment other than that prepared by the Planning Commission the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.

   4.   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.

   5.   At least 30 days prior to the public hearing on the amendment by the Borough Council, the Borough of Blossburg shall submit the proposed amendment to the County planning agency for recommendations.

   6.   Within 30 days after enactment, a copy of the amendment to this Chapter shall be forwarded to the County planning agency.

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1)

   1.   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 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.

   2.   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 of Blossburg 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.

   3.   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:

      A.   The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.

      B.   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.

      C.   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.

      D.   The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, 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.

      E.   The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1)

   1.   If the Borough of Blossburg determines that this Chapter, or any portion hereof, is substantially invalid, it shall take the following actions:

      A.   The Borough of Blossburg 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 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.

            (c)   Reference to this entire Chapter which requires revisions.

         (2)   Begin to prepare and consider a curative amendment this Chapter to correct the declared invalidity.

   2.   Within 180 days from the date of the declaration and proposal, the Borough of Blossburg 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.

   3.   Upon the initiation of the procedures as set forth in subsection .1, 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, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by subsection .1.A. Upon completion of the procedures set forth in subsections .1 and .2, 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.

   4.   The Borough of Blossburg, 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 of Blossburg by virtue of a change in statute or virtue of a Pennsylvania Appellate Court decision, the Borough of Blossburg may utilize the provisions of this Section to propose a curative amendment this Chapter to fulfill said duty or obligation.

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1)

   1.   For the administration of this Chapter, a Zoning Officer, who shall not hold any elective office in the Borough of Blossburg, shall be appointed.

   2.   The Zoning Officer shall meet the qualifications established by the Borough of Blossburg and shall be able to demonstrate to the satisfaction of the Borough of Blossburg a working knowledge of municipal zoning.

   3.   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.

   4.   The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

(Ord. 244A, 3/3/1975, Art. IX, § 9.200; as amended by Ord. 349, 5/6/1991, § )

   1.   There is hereby created for the Borough of Blossburg a Zoning Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §10901 et seq.

   2.   The membership of the Board shall consist of five residents of the Borough of Blossburg appointed by resolution by the Borough Council. The terms of office shall be 5 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 of Blossburg.

   3.   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.

   4.   The Board shall elect from its own membership its officers, 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.

   5.   The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Borough of Blossburg and laws if the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Borough of Blossburg and shall submit a report of its activities to the Borough Council as requested by the Borough Council.

   6.   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.

(Ord. 244A, 3/3/1975, Art. IX, § 9.300; as amended by Ord. 270, 6/2/1980, Art VIII, § 9.30F, by Ord. 334, 6/5/1989; and by Ord. 349, 5/6/1991, §1)

      A.   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.

      B.   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 of Blossburg and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.

      C.   Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, 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.

      D.   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.

      E.   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.

      F.   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.

      G.   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.

      H.   Appeals from the Zoning Officer's determination under §916.2 of the MPC, 53 P.S. §10916.2.

      I.   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 stormwater 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.

   2.   The Borough Council, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

      A.   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.

      B.   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.

      C.   Applications for conditional use under the express provisions of this Chapter.

      D.   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).

      E.   All petitions for amendments to land use ordinances, pursuant to the procedures set forth in §609 of the MPC, 53 P.S. §10609.

      F.   Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance, provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Articles V and VII of the MPC, 53 P. §§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 subsection shall be to the Planning Commission and all appeals from the decision of the Planning Commission shall be to court.

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, 51)

   In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Borough Council or, with the approval of the Borough Council, an officer of the Borough of Blossburg, or any aggrieved owner or tenant of real properly who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough of Blossburg at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1)

   1.   If it appears to the Borough of Blossburg that a violation of this Chapter has occurred, the Borough of Blossburg 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 of Blossburg 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.   That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days.

      F.   That 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.

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1)

   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 of Blossburg, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough of Blossburg as a result thereof. No judgment shall commence to be imposed, levied or payable until the date of the determination of violation by the district justice magisterial district judge. If the defendant neither pays nor timely appeals the judgment, the Borough of Blossburg may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that violation continues shall constitute a separate violation, unless the district justice magisterial district judge 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 magisterial district judge and thereafter each day that violation continues shall constitute a separate violation. [A.O.]

   2.   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.

   3.   Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Borough of Blossburg the right to commence any action for enforcement pursuant to this Section.

   4.   District justice Magisterial district judges shall have initial jurisdiction over proceedings brought under this Section. [A.O.]

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1; as amended by A.O.

   1.   Zoning Permits. The purpose of the zoning permit is to determine compliance with the provisions of this Chapter, and no person shall erect, structurally alter in a major way, or convert any structure, building or part hereof, not alter the use of any land, subsequent to the adoption of this Chapter, until a zoning permit has been issued by the Zoning Officer.

      A.   Application for Permits. All applications for zoning permits shall be in writing on forms to be furnished by the Zoning Office. Applications shall be accomplished by plans, in duplicate, drawn to scale, showing the following information:

         (1)   The actual shape and dimensions of the lot to be built upon.

         (2)   The exact size and location of exiting or proposed buildings, signs, parking or loading areas.

         (3)   The existing and proposed use of each building or parts thereof, including number of families, dwelling units, employee offices or other units of occupancy.

         (4)   Plans for screening and landscaping as may be required under the provisions of this Chapter.

         (5)   Such other information as may be necessary to determine compliance.

      B.   Permits to be Shown. Zoning permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform building operations of any kind unless a zoning permit covering such operation has been previously issued, and is being displayed as required by this Chapter, nor shall they perform building operations of any kind after notification of the revocation of said zoning permit.

      C.   Revocation of Permits. The Zoning Officer may revoke a zoning permit at any time if it appears that the application or accompanying plan is in any material respect false or misleading, or that work being done upon the premises differs materially from that called for in the application. In such a case, the person holding the permit shall immediately surrender it and all copies thereof to the Zoning Officer. Before issuing a new zoning permit, the Zoning Officer may require the applicant to file an indemnity bond in favor of the Borough with sufficient surety conditioned for compliance with the Chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not comply.

   2.   Occupancy Certificate. An occupancy certificate, issued in duplicate, certifying that the premises comply with the provisions of this Chapter and may be used for the purposes set forth in the permit, shall be received from the Zoning Officer after inspection and prior to the use or occupancy of any building or structure, or part thereof, for which a zoning permit is required, or for any change of use of any existing building, structure or part thereof, or for any change of use of land. In all cases, a copy of the occupancy certificate shall be kept at all times upon the premises, and shall be displayed upon request made by any officer of the Borough. A record shall be kept of all occupancy certificates, and the original applications shall be kept on file in the office of the Zoning Officer.

      A.   Application for Permit. Application for an occupancy certificate shall be made in writing on a form furnished by the Zoning Officer setting forth such facts as the Zoning Officer may require.

      B.   Permit Shall Continue. An occupancy certificate once granted shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.

(Ord. 244A, 3/3/1975, Art. IX, §9.400)

Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Borough Council pursuant to the Pennsylvania Municipalities Code) 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 stormwater 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 of Blossburg, 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.

(Ord. 244A, 3/3/1975, Art. I, § 9.500; as amended by Ord. 270, 6/2/1980; and by Ord. 349, 5/6/1991, §1)

   1.   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 of Blossburg if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. 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.

   2.   All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1)

   1.   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.

   2.   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 applicant for a bond to prove the appeal is frivolous. 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 if an appeal is taken from a final decision of the court.

   3.   The question whether or not such petition should be granted and 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.

   4.   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.

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1)

   1.   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:

      A.   That there are unique physical circumstances or conditions including irregularity, narrowness, or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.

      B.   That because of such physical circumstances or condition, 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 district in which the property located, nor substantially or permanently impair the appropriate use development of adjacent property, nor be detrimental to the public welfare.

      E.   That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

   2.   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.

(Ord. 244A, 3/3/1975, Art. IX, § 9.600; as amended by Ord. 349, 5/6/1991, §2)

   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.

(Ord. 244A, 3/3/1975; as added by Ord. 349, 5/6/1991, §1)

   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 1 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 of Blossburg, 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 of Blossburg 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 chairman or acting chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and 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 issue.

      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 representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of 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 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 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 paragraph, 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 herein above provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in paragraph .A of this Section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this paragraph 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 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.

(Ord. 244A, 3/3/1975, Art. IX, § 9.700; as amended by Ord. 349, 5/6/1991, §2)