In accordance with Article IX of the Pennsylvania Municipalities Planning Code (Act 170 of 1988), as the same may be amended, a Zoning Hearing Board shall be appointed and organized. The Zoning Hearing Board shall adopt rules to govern its procedures in accordance with the provisions of Article IX of the Planning Code, in addition to the provisions of this Zoning Code.

(Ord. 2210. Passed 4-21-97.)

   (a)   The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

      (1)   Appeals from decisions of the Zoning Officer.

      (2)   Appeals from determinations by the Borough Engineer or Zoning Officer with reference to administration of flood plain or flood hazard ordinances.

      (3)   Applications for variances from the provisions of this Zoning Code, and of flood plain or flood hazard ordinances.

      (4)   Applications for special exceptions under this Zoning Code.

   (b)   The procedure and time limitations for appeals from any decision, determination or order of the Borough Council, the Zoning Officer, the Zoning Hearing Board or other applicable agency or officer of the Borough in the administration or enforcement of this Zoning Code shall be in conformance with the provisions of the Pennsylvania Municipalities Planning Code (Act 170 of 1988).

(Ord. 2210. Passed 4-21-97.)

   (a)   Applications for variances and special exceptions shall be submitted on forms provided by the Borough, together with ten copies of a plot plan of the property which is drawn to scale on a paper that is eight and one-half by fourteen inches in size, containing the following:

      (1)   Dimensions of all property lines.

      (2)   Utility rights of way and their widths.

      (3)   Street rights of way and their widths.

      (4)   Width of street paving (cartway).

      (5)   Location of sidewalks and driveways.

      (6)   Location and dimensions of all buildings and structures.

      (7)   Location and size of all waterways, streams, drainage facilities and other storm water controls.

      (8)   Existing contours and any changes to be made in elevations.

      (9)   All other information that may be determined to be necessary by the Zoning Hearing Board.

   (b)   At the time an application is made the applicant shall pay a fee in an amount set by resolution of Council.

   (c)   The official date of receipt of an application shall be the date approved by the Zoning Officer as being the date he or she has received all information required by this Zoning Code.

   (d)   Within no less than ten days from the date an application for a variance or special exception is officially received by the Zoning Officer, and following his or her review, the Zoning Officer shall forward copies of the application to the Zoning Hearing Board and the Planning Commission.

   (e)   The Zoning Hearing Board shall hold a public hearing within sixty days from the official date of the application.

   (f)   Written notice of the hearing shall be given to the applicant prior to or at least on the same day such notice is published for the first time. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week (seven days) prior to the hearing.

   (g)   For a variance, the Zoning Hearing Board shall render a written decision, or, when no decision is called for, make written findings on the application within forty-five days after the last hearing. The same shall be followed for applications for special exceptions.

   (h)   In accordance with the provisions of Section 910.2 of the Pennsylvania Municipalities Planning Code, the Zoning Hearing Board may grant a variance, provided that all of the following findings are made:

      (1)   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 of the Zoning Code in the neighborhood or district in which the property is located.

      (2)   That because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Code, and the authorization of a variance is therefore necessary to enable the reasonable use of the property.

      (3)   That such unnecessary hardship has not been created by the applicant.

      (4)   That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

      (5)   That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible.

   (i)   In granting any variance the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this Zoning Code.

   (j)   A copy of the final decision or finding shall be delivered to the applicant personally or mailed not later than the day following its date.

(Ord. 2210. Passed 4-21-97.)

   (a)   The Zoning Hearing Board is hereby authorized to grant or deny special exceptions pursuant to the provisions of this Zoning Code. The Zoning Hearing Board shall hear and decide a request for a special exception in keeping with the purpose and intent of this Zoning Code. The Zoning Hearing Board may approve a special exception only if it meets the following standards and criteria:

      (1)   The use is compatible with adjacent uses and buildings or structures; and

      (2)   The use will not affect the uses of properties adjacent to and in the general area of the requested use; and

      (3)   The use will not be detrimental to public welfare; and

      (4)   The use is suited to the topography and other characteristics of the site.

   (b)   In addition to the above criteria, the Zoning Hearing Board may attach such reasonable conditions and safeguards to implement the purposes of this Zoning Code as it sees fit.

(Ord. 2210. Passed 4-21-97.)

   (a)   Conditional uses may be allowed or denied by the Council of the Borough of Ellwood City following review by the Planning Commission, public hearings and other procedures provided for in the Pennsylvania Municipalities Planning Code (Act 170 of 1988) and this Zoning Code.

   (b)   Applications for conditional uses shall be submitted on forms provided by the Borough, together with ten copies of a site plan, on paper that is eight and one-half by fourteen inches in size, and shall contain the following information:

      (1)   Dimensions of all property lines.

      (2)   Utility rights of way and their widths.

      (3)   Street rights of way and their widths.

      (4)   Width of street paving (cartway).

      (5)   Location and dimensions of all buildings and structures.

      (6)   Location and size of all waterways, streams, drainage facilities and other storm water controls.

       (7)   Existing contours and any changes to be made thereto.

      (8)   A map of the general area of the property.

      (9)   All other information that may be determined to be necessary by the Zoning Officer, the Borough Engineer and/or a member of Council or the Planning Commission.

   (c)   The application shall be accompanied by a fee in an amount set by resolution of Council.

   (d)   The official date of receipt of the application shall be the date that all application requirements are found to be complete and sufficient by the Zoning Officer. He or she shall then forward copies, including all attachments, to the Planning Commission, members of Council, the Solicitor and, if necessary, the Borough Engineer, within ten days from such official receipt of a full and complete application.

   (e)   The Planning Commission shall review the application and support information and forward its recommendation within sixty days from the date of the application.

   (f)   The Council shall conduct a public hearing following public notice pursuant to the provisions of the Pennsylvania Municipalities Planning Code (Act 170 of 1988). The public hearing shall be held within ninety days from the official date of the application.

   (g)   The Council may approve the application if, and only if, the following criteria are met:

      (1)   The proposed use conforms to the district and conditional use provisions and all general regulations of this Zoning Code.

      (2)   The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with Section 1272.06.

      (3)   The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties and shall produce a total visual impression and environment which is consistent with the neighborhood.

      (4)   A nonresidential use adjacent to or bordering on a residential use and/or district shall be adequately screened as deemed appropriate by the Council.

      (5)   Adequate off-street parking shall be provided in accordance with this Zoning Code. No off-street parking area for a nonresidential use shall be closer than twenty feet to any adjacent lot in a Residential District.

      (6)   The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. Access to off-street parking areas shall be limited to several well defined locations, and in no case shall there be unrestricted access along the length of a street or alley, nor shall there be parking in a manner whereby exiting is accomplished by backing onto a street or alley.

      (7)   The maximum depth of front yard may be adjusted in the C3 - Downtown Commercial, CC - Core Commercial District provided it creates a harmonious and desirable orientation of all building fronts.

(Ord. 2210. Passed 4-21-97; Ord. 2621. Passed 5-20-24.)