Colebrookdale Township
City Zoning Code
City Zoning Code
ARTICLE 1
Administration and Enforcement
§ 101 Applicability of This Ordinance.
This Zoning Ordinance shall apply throughout Boyertown Borough, Colebrookdale Township and Pike Township in Berks County, Pennsylvania. Any activity regulated by this Ordinance shall only occur in such a way that conforms with the regulations of this Ordinance. See Section 103.A.
§ 102 Purposes and Community Development Objectives.
This Ordinance is hereby adopted:
102.B.
In accordance with goals, objectives, policies and geographic descriptions of the Boyertown Area Comprehensive Plan, which are hereby included by reference, and the goals and recommendations of the Berks County Comprehensive Plan, and
102.C.
To carry out the following major objectives:
1.
To make sure that development carefully relates to natural features and historic resources, and to avoid development that is beyond the capacity of or too intense for environmentally sensitive land,
2.
To minimize disturbance of waterway valleys and steep woodlands,
3.
To avoid overextending groundwater supplies, and to encourage groundwater recharge,
4.
To protect the quality of groundwater and surface waters,
5.
To encourage the continuation of farming,
6.
To promote compatibility between land uses,
7.
To seek coordinated development and roads across municipal borders,
8.
To provide for a variety of residential densities and meet legal obligations to provide opportunities for all housing types within the jurisdiction of this Joint Zoning Ordinance,
9.
To promote development that retains the rural character of the outlying areas,
10.
To encourage rehabilitation and avoid demolition of historic buildings,
11.
To direct higher density development to areas that are physically suitable, accessible by major roads and that have the potential of central water and sewage services,
12.
To coordinate development with future central water and sewage service areas in consideration of environmentally sensitive areas,
13.
To direct industrial development to locations that will minimize conflicts with homes,
14.
To direct commercial businesses to existing commercial areas, while avoiding new uncoordinated commercial areas that would cause traffic congestion and safety problems and conflicts with homes, and
15.
To strengthen the downtown and promote new commercial and industrial development in appropriate areas that will provide additional tax revenue and job opportunities.
§ 103 Permits and Certificates.
103.A.
Applicability.
1.
Any of the following activities or any other activity regulated by this Ordinance shall only be carried out in conformity with this Ordinance.
2.
Zoning Permit. A Zoning Permit indicates that a zoning application complies with this Ordinance to the best knowledge of the applicable municipal staff.
3.
Certificate of Occupancy.
a.
A Certificate of Occupancy is required for certain buildings and uses under the Construction Code. The Municipality may require that the Certificate of Occupancy for a new principal building or a new or expanded principal use shall also be signed by the Zoning Officer. In such case, the Zoning Officer's signature shall certify that the activity complies with this Ordinance, to the best knowledge of the Zoning Officer.
b.
Upon the request of an applicant, the Township may issue a temporary Certificate of Occupancy. In regards to zoning matters, such temporary certificate shall be issued with a time limit, to allow an applicant time to complete final matters regarding zoning ordinance compliance, such as plantings being allowed to be delayed until the weather is more favorable.
103.B.
(Reserved)
103.C.
Types of Uses.
1.
Permitted by Right Uses. The Zoning Officer shall issue a permit under this Ordinance in response to an application for a use that is "permitted by right" if it meets all of the requirements of this Ordinance.
2.
Special Exception Use or Application Requiring a Variance. A permit under this Ordinance for a use requiring a Special Exception or Variance shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.
103.D.
Applications.
1.
Submittal. All applications for a Zoning Permit or a decision by the Zoning Hearing Board or Governing Body shall be made in writing on a form provided by the Municipality. Such completed application, with required fees, shall be submitted to a designated Municipal staff- person.
2.
Site Plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new principal building, expansion of a principal building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:
a.
Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features,
b.
Notes showing the dimensions of all buildings from lot lines and street rights-of-way,
c.
Locations of any watercourses and any 100-year floodplain,
d.
Proposed lot areas, lot widths and other applicable dimensional requirements,
e.
Locations and widths of existing and proposed sidewalks, and
3.
Additional Information. Any application under this Ordinance shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this Ordinance:
a.
The address of the lot,
b.
Name and address of the applicant, and of the owner of the property if different from the applicant,
c.
A description of the proposed use of the property,
d.
All other applicable information listed on the official Municipal application form,
e.
If the applicant is incorporated, a partnership, or a limited liability corporation, the legal names and day telephone numbers, residential address and business address of officers/principals/partners of such organization, with date of submission, and
f.
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this Ordinance.
4.
Submittals to the Zoning Hearing Board or Governing Body. In addition to the information listed in part "3." above, an application requiring a site plan and action by the Zoning Hearing Board or Governing Body shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this Ordinance:
a.
The present zoning district and major applicable lot requirements,
b.
For a non-residential use:
(1)
A description of the proposed non-residential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards,
(2)
A list of the maximum hours of operation,
c.
The existing directions of stormwater flow (and any proposed revisions), and any proposed methods of stormwater management,
d.
A listing of any sections of this Ordinance being appealed, challenged, from which a variance is sought, or under which a special exception or conditional use approval is sought, with the reasons for any request,
e.
Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract, and description of uses of adjoining properties (such as "drug store" or "single family detached dwelling"),
f.
Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting,
g.
Name and address of person who prepared the site plan,
h.
Signed acknowledgment of the site plan by the applicant, and
i.
Such additional information required under applicable sections of this Ordinance.
103.E.
Issuance of Permits.
1.
At least one copy of each permit application and any other zoning approval shall be retained in Municipal files. Applicants may also be required to submit copies of State permits for municipal files.
2.
PennDOT Permit. Where necessary for access onto a State road, a Municipal zoning or building permit shall be automatically conditioned upon issuance of a PennDOT Highway Occupancy Permit.
103.F.
Revocation of Permits; Appeal of Permit or Approval.
1.
Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of the Zoning Ordinance in case of one or more of the following:
a.
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based; (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)
b.
Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance or by the Governing Body upon a conditional use;
c.
Any work being accomplished or use of land or structures in such a way that does not comply with this Ordinance or an approved site plan or approved permit application; and/or
d.
For any other just cause set forth in this Ordinance.
2.
Appeals. A party with legitimate standing, or as otherwise provided by State law, may appeal decisions under this Ordinance within the provisions of the State Municipalities Planning Code. Any such appeal shall occur within the time period established in the State Municipalities Planning Code (As of the adoption date of this Ordinance, such provisions were in Sections 914.1 and 1002.A.).
103.G.
Temporary Uses and Structures.
1.
The following types of temporary uses or structures shall be allowed:
a.
The following types of customary, routine and accessory short-term special events shall be allowed under the following standards:
(1)
Only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to conduct commercial-type activities in a district where a commercial use would not otherwise be permitted.
(a)
Such uses are intended to include bazaars and festivals by places of worship, Christmas Tree Sales by Boy Scouts, a bake sale by a youth sports team and similar activities.
(2)
Such total events shall be limited to a maximum of 45 days for Christmas Tree Sales and 12 total days per calendar year for all other activities.
(3)
The applicant may be required to prove to the Zoning Officer that sufficient parking and traffic control will be available for the special event, without obstructing parking that is required to serve other uses on the site.
b.
Temporary storage and office trailers are allowed that are necessary to serve on-site construction, while such construction is actively underway under a valid Municipal permit.
c.
A Temporary Permit may be issued for such other activities that the applicant proves to the Zoning Officer are clearly routine, customary, temporary and not in conflict with existing uses within the vicinity.
d.
A temporary zoning permit may be issued for occupancy of one dwelling unit on a lot while a second new dwelling unit is under construction on the lot. Such permit shall be valid for one year unless extended by the municipality. The first dwelling unit shall be removed within 60 days after the new dwelling unit is occupied.
2.
Time Period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a seven day maximum period shall apply. A temporary permit may be renewed for just cause.
3.
Temporary Retail Sales. Except as provided for in subsection 103.G.1.a.(1) above, and except for agricultural sales allowed by Section 306 (such as retail sales of agricultural products), and except as allowed by the "Garage Sale" provisions of Section 403, a lot shall only be used for temporary retail sales if all of the following conditions are met:
a.
The property is located within a zoning district that allows retail sales.
b.
The operator shall have received any business permits required by the Municipality.
c.
No more than four off-street parking spaces shall be obstructed that are required to serve permanent uses on the lot.
d.
Any signs visible from a public street shall comply with this Ordinance.
e.
If food or beverages are sold that are not pre-packaged, the applicant shall prove compliance with State health regulations, including having on-site facilities for workers to wash their hands. Proper bathroom facilities shall also be available for workers.
f.
Any tent or building shall meet applicable minimum setbacks.
g.
A permit under this Ordinance shall be required from the Municipality, which shall be displayed while the activity is open for business.
h.
The activity shall not obstruct safe sight distances.
103.H.
Compliance with Municipal Subdivision and Land Development Ordinance Approval. If a application under this Ordinance would also be regulated by the Municipal Subdivision and Land Development Ordinance ("SALDO"), then any permit or approval under this Zoning Ordinance shall automatically be conditioned upon obtaining a required approval under the SALDO. See the definitions of "Land Development" and "Subdivision" in the SALDO.
1.
For example, if an applicant applies for a single family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.
§ 104 General Procedure for Permits.
104.A.
After receiving a proper application, the Zoning Officer shall either: 1) issue the applicable permit(s) or 2) deny the application(s) as submitted, indicating one or more reasons.
104.B.
After the permit under this Ordinance has been issued, the applicant may undertake the action specified by the permit, in compliance with other Municipal Ordinances.
§ 105 Interpretation and Uses Not Regulated.
105.A.
Minimum Requirements. Where more than one provision of this Ordinance controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this Ordinance are in addition to any other applicable Municipal Ordinance.
105.B.
Uses Not Specifically Regulated. If a use clearly is not permitted by right, a conditional use or as a special exception use by this Ordinance within any Zoning District, the use is then only allowed if approved under this Section 105.B. The Zoning Hearing Board may permit such use as a special exception use in the GI/Q district only if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:
1.
The proposed use would be no more intensive in negative impacts and nuisances than uses allowed in the GI/Q District, considering the standards in Section 805.F.,
2.
The use would meet the standards that would apply under Section 116.C. to a special exception use, and
3.
The use is not specifically prohibited in the GI/Q District.
105.C.
Interpretation of Ordinance Text and Boundaries.
1.
The Zoning Officer shall literally apply the wording of this Ordinance and the location of all District boundaries to particular applications. In any case, the Zoning Officer may also request an advisory opinion from the Municipal Solicitor to aid in the Zoning Officer's determination.
2.
If an applicant disagrees with the Zoning Officer's determination and believes that the Ordinance should be interpreted in the applicant's favor, the applicant may appeal to the Zoning Hearing Board. See Section 111.
3.
In interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.
§ 106 Enforcement, Violations and Penalties.
All of the enforcement, violations and penalty provisions of the State Municipalities Planning Code, as amended, are hereby incorporated into this Ordinance by reference. (Note - As of the adoption date of this Ordinance, these provisions were primarily in Sections 616.1, 617 and 617.2 of such Act.)
106.A.
Violations. Any person who shall commit or who shall permit any of the following actions violates this Ordinance:
1.
Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof.
2.
Placement of false statements on or omitting relevant information from an application for a zoning permit.
3.
Undertaking any action in a manner which does not comply with a zoning permit.
4.
Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval.
5.
Violation of a requirement of this Ordinance.
106.B.
Enforcement Notice. If the Municipality has reason to believe that a violation of a provision of the Zoning Ordinance has occurred, the Municipality shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the State Municipalities Planning Code. Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
106.C.
Time Limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this Ordinance, and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
106.D.
Causes of Action; Enforcement Remedies. The Causes of Action and Enforcement Remedies provisions of the State Municipalities Planning Code, as amended, are hereby incorporated by reference. (Note - As of the adoption date of this Ordinance, such provisions were in Section 617 of such law.)
1.
Enforcement Action. If the enforcement notice is not complied with promptly, the Zoning Officer shall notify the Board of Supervisors, Board of Commissioners or Borough Council. Such Governing Body may request the Municipal Solicitor to institute in the name of the Municipality any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping or land in violation of the provisions of this Ordinance or the order or direction made pursuant thereto. The Board of Supervisors, Board of Commissioners or Borough Council may also direct the Zoning Officer or Municipal Solicitor to institute a civil enforcement proceeding before a district justice. Note: If an applicant has properly appealed the Enforcement Notice in a timely manner to the Zoning Hearing Board, such appeal may, under State law, result in a stay in action by the Municipality.
2.
Violations and Penalties. Any person who 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 Municipality, pay a judgment of not more than $500 per calendar day of violation plus all court costs, including the reasonable attorney's fees incurred by the Municipality as a result thereof. No judgment shall commence or be imposed, levied or be 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 Municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless a District Justice determining that there has been a violation further determines that there was a good faith basis for the person violating this Ordinance 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. All judgments, costs and reasonable attorney's fees collected for the violation of this Ordinance shall be paid over to the Municipality for the general use of the Municipality.
3.
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.
106.E.
Enforcement Evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Municipality shall have the responsibility of presenting its evidence first.
§ 107 Fees and Finances.
107.A.
A municipal fee schedule for permits and applications may be established and amended by written resolution of the applicable Board of Supervisors, Board of Commissioners or Borough Council. No application or appeal shall be considered filed until all fees are paid.
107.B.
The following shall apply unless an alternative financing arrangement is approved by two or more municipalities through an Inter-Municipal Agreement:
1.
Each municipality shall be responsible for all expenses for administering and enforcing this Ordinance within its own boundaries, and for related appeals.
2.
If a substantive challenge is made to this Ordinance or a curative amendment is filed, the municipality that is directly affected shall be responsible for the costs of defending against such a challenge.
3.
If a municipality requests that the other municipalities adopt an amendment to this Ordinance, the municipality that made the original request for the amendment shall be responsible for all costs of legal advertisements and related costs for the amendment.
§ 108 Amendments to This Ordinance.
This Zoning Ordinance may be amended in compliance with the procedural requirements of Section 609 of the Pennsylvania Municipalities Planning Code, or its successor section.
108.A.
The process to start consideration of a proposed zoning ordinance amendment may be initiated by a majority vote of any municipal Planning Commission, Board of Supervisors, Board of Commissioners or Borough Council. Such vote may or may not occur in response to a request of an individual, organization, committee, landowner or other entity.
108.B.
In addition, any proposed amendment to this Ordinance shall be submitted to the Joint Municipal Planning Commission for review a minimum of 30 days prior to the public hearing on such proposed amendments.
108.C.
The Governing Bodies, Joint Municipal Planning Commission and municipal Planning Commissions shall submit any comments regarding the proposed zoning ordinance amendment to the Board of Commissioners, Board of Supervisors and Borough Councils of each of the affected municipalities. Any comments shall recommend whether to adopt or not adopt the proposed amendment. Such comments shall be provided not later than the date of the last public hearing on the amendment. Failure to provide comments within such time frame shall be construed as a recommendation to adopt the proposed amendment. The Board of Commissioners, Board of Supervisors and Borough Councils may decide to hold one joint public hearing or separate public hearings on the proposed amendment.
108.D.
A zoning ordinance amendment shall only go into effect five days after the date of enactment by the Borough Council, Board of Commissioners or Board of Supervisors of the last of the three municipalities to enact the amendment.
§ 109 Curative Amendments.
The applicable provisions of the State Municipalities Planning Code shall apply. (Note: As of the adoption date of this Ordinance, these provisions were primarily in Sections 609.1, 609.2, 810-A, 811-A, 812-A and 916.1 of such Act.)
§ 110 Zoning Officer.
110.A.
Appointment. The Zoning Officer(s) shall be appointed by the Board of Commissioners, Board of Supervisors and Borough Council. Each municipality may appoint its own Zoning Officer, or two or more municipalities may appoint a Joint Zoning Officer. The Governing Body may designate other Staff-persons to serve as Assistant Zoning Officer(s). An Assistant Zoning Officer shall not be authorized to issue a Preliminary Opinion. For other matters, Assistant Zoning Officers may serve with the same authority and duties as the Zoning Officer. The Zoning Officer shall not hold any elective office within a Municipality that he is responsible for, but may hold other appointed offices.
110.B.
Duties and Powers. The Zoning Officer's duties and powers shall be those provided in this Ordinance and the State Municipalities Planning Code and duties and powers that are reasonably implied by such provisions. These duties and powers include but are not limited to the following:
1.
Administer the Zoning Ordinance in accordance with its literal terms, including to receive and examine all applications required under the terms of this Ordinance, and issue or refuse permits within the provisions of this Ordinance;
2.
Conduct inspections to determine compliance, and receive complaints of violation of this Ordinance;
3.
Keep records of applications, permits, certificates, written decisions, and variances granted by the Board, and of enforcement orders, with all such records being the property of the Municipality and being available for public inspection;
4.
Review proposed subdivisions and land developments for compliance with this Ordinance; and
5.
Take enforcement actions as provided by the State Municipalities Planning Code, as amended.
110.C.
Inspections. The Zoning Officer shall conduct inspections as necessary to fulfill his/her duties. Where entrance onto a property is necessary to conduct an inspection, the Zoning Officer shall first seek the permission of the landowner or tenant. In the event such permission cannot be voluntarily obtained, the Zoning Officer shall have the right to take such other legal means as provided under the law to obtain authorization to enter the property, such as an Administrative Warrant.
§ 111 Zoning Hearing Board Actions and Variances.
111.A.
Membership of Board. The Zoning Hearing Board of each municipality shall consist of three residents of that municipality appointed by the Board of Commissioners, Board of Supervisors or Borough Council. The existing terms of office shall continue, with terms of office being three years for a board with three members. The terms of office shall be fixed so that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the municipality. At their option, in place of an individual zoning hearing board, the Governing Bodies of two or more municipalities may appoint a Joint Zoning Hearing Board of five members, in accordance with the State Municipalities Planning Code.
1.
Alternate Members. The Board of Supervisors, Board of Commissioners or Borough Council may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the State Municipalities Planning Code. (Note: As of the adoption date of this Ordinance, such provisions were in Section 903(b) of such Act).
111.B.
Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
111.C.
Organization. The applicable provisions of the State Municipalities Planning Code, as amended shall apply. (As of the adoption date of this Ordinance, these provisions were in Sections 906(a), (b) and (c) of such Act).
111.D.
Zoning Hearing Board Jurisdiction and Functions. The Zoning Hearing Board shall be responsible for the following:
1.
Appeal of a Determination by the Zoning Officer.
a.
The Board shall hear and decide appeals where it is alleged by an affected person, entity or the Board of Supervisors, Board of Commissioners, or Borough Council that the Zoning Officer has improperly acted under the requirements and procedures of this Ordinance.
2.
Challenge to the Validity of the Ordinance or Map, where applicable provisions of the Pennsylvania Municipalities Planning Code, as amended, provide for an application to the Zoning Hearing Board. (Note: As of the adoption date of this Ordinance, these provisions were primarily in Sections 909.1 and 916 of such Act. See also the Pennsylvania Judicial Act as amended.)
3.
Variance.
a.
The Board shall hear requests for variances to specific provisions of this Ordinance that are filed with the Municipal Staff in writing.
b.
Standards. The Board may grant a variance only within the limitations of State law. (Note: As of the adoption date of this Ordinance, the Municipalities Planning Code provided that all of the following findings must be made, where relevant:
i)
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 Ordinance in the neighborhood or district in which the property is located;
ii)
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and a variance is therefore necessary to enable the reasonable use of the property;
iii)
Such unnecessary hardship has not been created by the appellant;
iv)
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
v)
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.)
c.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Ordinance.
4.
Special Exception.
a.
The Board shall hear and decide requests for all special exceptions filed with the Municipal Staff in writing. The Board shall only permit a special exception that is authorized by this Ordinance. See Section 116.
b.
Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the Ordinance, as it may deem necessary to implement the purposes and intent of this Ordinance.
5.
Persons With Disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this Ordinance that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable Federal law to provide a "reasonable accommodation" to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
a.
Such reasonable accommodations shall be requested in accordance with the U.S. Fair Housing Act Amendments and/or the Americans with Disabilities Act, as amended.
b.
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this Ordinance necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
c.
Any modification approved under this Section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
6.
Appeals from a determination under any floodplain provisions of this ordinance, or where a separate municipal floodplain ordinance does not designate any alternative body to hear appeals.
7.
Appeals concerning a Zoning Officer's determination in response to a request for a Preliminary Opinion.
8.
The Zoning Hearing Board shall also hear any other matters as set forth in the State Municipalities Planning Code, as amended. (Note: As of the adoption date of this Ordinance, such provisions were primarily within Section 909.1 of such law.)
111.E.
Time Limits for Appeals. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this Ordinance, these provisions were in Section 914.1 of such Act.)
111.F.
Stay of Proceedings. The Stay of Proceedings provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this Ordinance, such provisions were in Section 915.1 of such Act.)
111.G.
Time Limits on Permits and Approvals.
1.
After a variance is approved or other zoning approval is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by such permits shall then be completed within 12 months after the issuance of the permits.
2.
Extension. In response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit for completion of work to a maximum total of 36 months after permits are issued.
3.
If an applicant fails to obtain the necessary permits or begin construction within the above time periods, or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer may conclusively presume that the applicant has waived, withdrawn or abandoned approvals and permits under this Ordinance and may consider all such approvals and permits to have become null and void.
111.H.
Multiple Applications. No more than one application for the same property shall be pending before the Zoning Hearing Board for special exception approval at any time.
§ 112 Zoning Hearing Board Hearings and Decisions.
The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board.
112.A.
Notice of Hearings. Notice of all hearings of the Board shall be given as follows:
1.
Ad. Public notice shall be published, as defined by Section 107 of the State Municipalities Planning Code. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
2.
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The applicant shall post the property unless the Zoning Officer or his/her designee volunteers to post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
3.
Persons Given Notice. The Municipality (which shall include its designees) shall provide written notice to the Applicant of the time and place of the hearing. The Municipality should also provide notice to the Chairperson/President of the Governing Body. In addition, the Municipality should provide notice to the last known principal owner of record of each property that is immediately adjacent to or immediately across a street from the subject property, however, failure to provide such notice shall not be grounds for an appeal. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered to the last known address.
112.B.
Initiation of Hearings. A hearing required under this Ordinance shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.
112.C.
Decision/Findings.
1.
The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.
2.
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
3.
References shall be provided to the most pertinent section(s) of this Ordinance and/or the State Municipalities Planning Code.
112.D.
Notice of Decision. A copy of the final decision shall be delivered or mailed to the applicant or his/her representative or their last known address not later than the time limit established by the State Municipalities Planning Code, as amended. (Note: As of the adoption date of this Ordinance, such provisions were within Sections 908(9) and 908(10) of such Act, including provisions regarding notice to other parties).
112.E.
State Law. See also Section 908 of the PA. Municipalities Planning Code.
§ 113 Appeals to Court.
The provisions for appeals to court that are stated in the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this Ordinance, these provisions were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act.)
§ 114 Limited Public Utility Exemptions.
See the provisions of the State Municipalities Planning Code, as amended. (Note: As of the adoption date of this Ordinance, such provisions were within Section 619 of such Act.)
§ 115 Limited Municipal and Municipal Authority Exemption.
The minimum lot area, minimum lot width, minimum yards, maximum lot coverages and minimum street frontage requirements of this Ordinance shall not apply to uses or structures owned by Boyertown Borough, Colebrookdale Township and Pike Township or by a municipal authority created by any such municipality(ies) for uses and structures that are intended for a public utility, stormwater, public recreation or public health and safety purpose.
§ 116 Special Exception Use Process.
116.A.
Purpose. The Special Exception Process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
116.B.
Special Exception Procedure.
1.
A Site Plan shall be submitted, which shall contain the information required in Section 103.D. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a special exception is approved.
2.
The Zoning Officer should provide a review to the Zoning Hearing Board regarding the compliance of the application with this Ordinance.
4.
The Municipal Staff should offer a special exception application to the Municipal Planning Commission for any advisory review that the Commission may wish to provide. However, the Zoning Hearing Board shall meet the time limits of State law for a decision, regardless of whether the Municipal Planning Commission has provided comments.
116.C.
Consideration of Special Exception Applications. When special exceptions are allowed by this Ordinance, the Zoning Hearing Board shall hear and decide requests for such special exceptions in accordance with standards established by this Ordinance, including the following:
1.
Compliance with this Ordinance. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this Ordinance. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate this compliance.
2.
Compliance with Other Laws. The approval may be conditioned upon proof of compliance with other specific applicable municipal, state and federal laws, regulations and permits. Required permits or other proof of compliance may be required to be presented to the Municipality prior to the issuance of any zoning permit, building permit, certification of occupancy and/or recording of an approved plan.
3.
Traffic. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion, after considering any improvements proposed to be made by the applicant as a condition on approval.
4.
Site Planning. The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this Ordinance.
5.
Neighborhood. The proposed use shall not substantially harm any adjacent residential neighborhood, after considering any proposed conditions upon approval.
6.
Safety. The proposed use shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
116.D.
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this Ordinance) as it determines are necessary to implement the purposes of this Ordinance. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this ordinance.
§ 117 Conditional Use Process.
117.A.
Purpose. The conditional use approval process is designed to allow the Board of Commissioners, Board of Supervisors or Borough Council to review and approve certain uses that could have significant impacts upon the community and the environment.
117.B.
Procedure. The Board of Commissioners, Board of Supervisors or Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the State Municipalities Planning Code. (Note — As of the adoption date of this Ordinance, the procedural requirements of Sections 908(1) and 908(10) of the PA Municipalities Planning Code apply for a conditional use.)
1.
Submittal. A Site Plan shall be submitted, which shall contain the information listed in Section 103.D. Detailed site engineering (such as stormwater calculations and profiles) are not required at the conditional use stage. If a fully engineered subdivision or land development plan will be required, it may be submitted separately, such as after a conditional use is approved. Or, an applicant may voluntarily choose to submit a subdivision or land development plan for review at the same time as a conditional use application.
2.
Reviews.
a.
The Zoning Officer should provide a review to the Board regarding the compliance of the application with this Ordinance.
b.
The Municipal Staff shall submit a conditional use application to the Planning Commission for any review that the Commission may wish to provide. However, the Board of Commissioners, Board of Supervisors or Borough Council shall meet the time limits for a decision, regardless of whether the Planning Commission has provided comments.
117.C.
Consideration of Conditional Use Application. The Board of Commissioners, Board of Supervisors or Borough Council shall determine whether the proposed conditional use would meet the applicable requirements of this Ordinance. The same standards shall apply to a conditional use as are listed in Section 116.C. for a special exception use.
117.D.
Conditions. In approving conditional use applications, the Board of Commissioners, Board of Supervisors or Borough Council may attach conditions they consider necessary to protect the public welfare and meet the standards of this Ordinance. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Ordinance and be subject to the penalties described in this Ordinance.
§ 118 Liability.
118.A.
Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, storm water runoff review, review of activity on steep slopes, or any other review, approval or permit under this Ordinance by an officer, employee, board, commission, solicitor, consultant or agency of the Municipality shall not constitute a representation, guarantee or warranty of any kind by the Municipality, or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision, and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.
118.B.
If the Zoning Officer mistakenly issues a permit under this Ordinance, the Municipality shall not be liable for any later lawful withdrawal of such permit.