Dover City Zoning Code
ARTICLE VI
Zoning Hearing Board
§ 160-43 Membership.
[Amended 4-5-1999 by Ord. No. 1999-1]
A.
The membership of the Board shall, upon the determination of the Borough Council, consist of either three or five residents of the municipality appointed by resolution by the Borough Council. The terms of office of a three-member board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member board shall be five years and shall be so fixed that the term of office of one member of a five-member board shall expire each year. If a three-member board is changed to a five-member board, the members of the existing three-member board shall continue in office until their terms of office would expire under prior law. The Borough Council shall appoint two additional members to the Board, with terms scheduled to expire in accordance with the provisions of this section. The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the municipality.
B.
The Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 160-44B, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the municipality, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to 53 P.S. § 10907 unless designated as a voting alternate member pursuant to § 160-44B.
§ 160-44 Organization of Board.
A.
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 § 160-47. 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 and shall submit a report of its activities to the Borough Council once a year.
B.
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case by case basis in rotation according to declining seniority among all alternates.
[Added 4-5-1999 by Ord. No. 1999-1]
§ 160-45 Powers and duties.
[Amended 4-5-1999 by Ord. No. 1999-1]
The Zoning Hearing Board shall have the powers and duties prescribed by the Pennsylvania Municipalities Planning Code, as amended and revised (53 P.S. 10101 et seq.).
§ 160-46 Board calendar.
Each application or appeal filed in the proper form with the required data, must be numbered serially and be placed upon the calendar of the Board by the Secretary. Applications and appeals must be assigned for hearing in the order in which they appear on the calendar. However, for good reason, the Board may order the advance of the application or appeal. The Board must fix a reasonable time for hearings.
§ 160-47 Public hearings; decision procedures.
[Amended 4-5-1999 by Ord. No. 1999-1]
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code, as amended and revised, particularly 53 P.S. § 10908.
§ 160-48 Variances.
A.
Filing of Variance.
(1)
An application may be made to the Zoning Hearing Board for a variance where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The application must be on a form provided for that purpose by the Zoning Officer. It must be filed with the Board and copies given to the Zoning Officer and Borough Planning Commission. The applicant must provide all the information requested on the form, together with any other information and data that may be required to advise the Board on the variance, whether such information is called for by the official form or not.
(2)
Unless otherwise specified or extended by the Board, a variance authorized by it expires if the applicant fails to obtain a building permit or use certificate within six months from the date of authorization of the variance.
B.
Referral to Planning Commission. All applications for a variance shall be referred to the Borough Planning Commission for a report.
C.
Standards for variances. Where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of this chapter, provided that 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 is not due to circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or zone in which the property is located.
(2)
Because of these physical circumstances or conditions, the property cannot reasonably be used in strict conformity with the provisions of the Zoning Ordinance.
(3)
The unnecessary hardship has not been created by the appellant.
[Amended 10-6-2003 by Ord. No. 2003-3]
(4)
The variance, if authorized, will not alter the essential character of the neighborhood or zone in which the property is located, nor substantially or permanently impair the appropriate use of 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.
D.
Conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards as it considers necessary to implement purposes of this Zoning Ordinance.
§ 160-49 Special exceptions.
A.
Filing of special exception.
(1)
For any use permitted by special exception, a special exception must be obtained from the Zoning Hearing Board. In addition to the information required on the building permit application, the special exception application must show:
(2)
Unless otherwise specified or extended by the Zoning Hearing Board, a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit or use certificate within six months of the date of the authorization of the special exception.
B.
Temporary special exceptions.
(1)
A temporary special exception must be obtained from the Zoning Hearing Board for any nonconformity which is or will be seasonal or is or will be in the public interest. The Zoning Hearing Board may grant a temporary special exception for a nonconforming use or structure, existing or new, which:
(2)
The temporary special exception may be issued for a period not exceeding one year and may be renewed for an aggregate period not exceeding three years. The nonconforming structure or use must be completely removed upon the expiration of the special exception without cost to the Borough.
C.
Referral to Planning Commission. All applications for a special exception shall be referred to the Borough Planning Commission for a report.
D.
Conditions. The Zoning Hearing Board in passing upon special exception applications may attach conditions considered necessary to protect the public welfare and the Comprehensive Plan, including conditions which are more restrictive than those established for other uses in the same zone.
E.
Application of extent of use regulations. The extent of use regulations as set forth in this chapter for standards for special exception uses must be followed by the Zoning Hearing Board. Where no extent of use regulations are set forth for the particular use, the Board must impose extent of use requirements as necessary to protect the public welfare and the Comprehensive Plan.
[Amended 10-6-2003 by Ord. No. 2003-3]
F.
General standards.
(1)
A special exception may be granted when the Zoning Hearing Board finds from a preponderance of the evidence produced at the hearing that:
(a)
The proposed use, including its nature, intensity and location, is in harmony with the orderly and appropriate development of the zone;
(b)
That adequate water supply, sewage disposal, storm drainage and fire and police protection are or can be provided for the use;
(c)
That the use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature and height of buildings, walls and fences;
(d)
That the use will have proper location with respect to existing or future streets giving access to it and will not create traffic congestion or cause industrial or commercial traffic to use residential streets; and
(e)
That the specific standards set forth for each particular use for which a special exception may be granted have been met.
(2)
The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the Zoning Hearing Board.