Kittanning City Zoning Code
ARTICLE VIII
Zoning Hearing Board
§ 550-50 Organization and procedure.
[Amended 2-22-1967 by Ord. No. 56-1967; 2-10-1970 by Ord. No. 121-1970]
A.
Establishment. Pursuant to the provisions of Section 901 of the Pennsylvania Municipalities Planning Code,[1] a Zoning Hearing Board is hereby established.
[1]
Editor's Note: See 53 P.S. § 10901.
B.
Appointment. The Zoning Hearing Board shall consist of three members, one of whom shall be designated to serve until the first day of January following the adoption of the Zoning Ordinance, one until the first day of the second January thereafter, and one until the first day of the third January thereafter. Their successors shall be appointed on the expiration of their respective terms to serve three years. One member of the Planning Commission may be appointed to serve as one of the members of the Board. The members of the Board shall be appointed and vacancies filled by a majority vote of the Kittanning Borough Council.
C.
Appointment to fill vacancies. Appointments to fill vacancies shall be for the unexpired term of the member or members whose term or terms shall become vacant and such appointments to fill such vacancies shall be made in the same manner as the original appointment.
D.
Removal. Any member of the Zoning Hearing Board may be removed for cause, upon written charges duly presented by the Kittanning Borough Council, and after notice of such charges and public hearing thereon.
E.
Compensation. No member of the Zoning Hearing Board shall receive any compensation for his services on the Board.
F.
General grant of power. The Zoning Hearing Board shall perform all the duties and have all the powers prescribed by the Pennsylvania Municipalities Planning Code[2] and as herein more particularly provided.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Rules of procedure. The Zoning Hearing Board shall adopt rules in accordance with the provisions of this chapter and any others not inconsistent herewith or with the Pennsylvania Municipalities Planning Code.[3] Said Board shall choose annually, at its first meeting in January, a Chairman and Vice Chairman, and fix their duties.
(1)
Meetings. Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at such other times as said Board may determine and shall be at sufficiently frequent intervals, at the discretion of the Board, for the efficient conduct of its business. The Chairman, or in his absence, the acting Chairman, shall have the power to issue subpoenas for the attendance of witnesses and production of records and may administer oaths and take testimony. Upon failure of any persons to answer in response to the subpoena of such officer, application may be made to the courts for an order compelling the attendance of such witnesses. All meetings of the Zoning Hearing Board shall be open to the public.
(2)
Secretary.
(a)
The Zoning Hearing Board shall have a secretary who shall keep the minutes of its meeting, who shall be the official custodian of all its minutes, records, and decisions, and who shall perform such other duties as the Board shall by its rules determine.
(b)
The term of the secretary of the Zoning Hearing Board shall be for one year commencing January 1 of each year. The secretary shall be appointed and his compensation shall be fixed by the Council.
(3)
Minutes and records. The secretary of the Zoning Hearing Board shall keep minutes of the Board's proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact. The secretary shall keep records of the Board's examinations and official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. A card index record of all variances granted pursuant to action of the Zoning Hearing Board under this chapter shall be maintained in an alphabetical street file, and the location of such variances and special exceptions shall be marked upon a copy of the Zoning Map. Said file and said map shall be available for public inspection.
(4)
Quorum and vote. The presence of two members shall be necessary to constitute a quorum, and the concurring vote of two members of the Zoning Hearing Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative officer or to decide in favor of the appeal of any matter upon which it is required to pass, in accordance with the provisions of this chapter, or to effect any variation in said chapter.
(a)
In exercising the power conferred upon it, the Zoning Hearing Board may, in conformity with the Pennsylvania Municipalities Planning Code[4] and the amendments thereto, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as ought to be made, and to that end have all the power of the Zoning Official.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
The Chairman, or in the event of his absence from the commonwealth or his physical disability, the Vice Chairman, and the secretary shall sign all orders or instructions to the Zoning Official and recommendation to the Borough Council pertaining to matters relating to this chapter.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Appeals.
(1)
Appeals from decision of Zoning Official.
(a)
Appeals from the Zoning Official to the Board may be taken by any property owner, resident or other person deeming himself injuriously affected. The appeal shall be taken within such time as shall be prescribed by the Board, by general rule, by filing with the Board a notice of appeal as specified above. The Zoning Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. All proceedings before the Board and the records thereof shall be public.
(b)
It shall be competent for the Zoning Official to recommend to the Board a modification or reversal of his action in cases where he believes substantial justice requires the same but where he has not himself sufficient authority to grant the relief sought.
(c)
The Board shall decide each appeal within reasonable time, and notice thereof shall forthwith be given to all parties in interest. The Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions, upon such appeals or upon exceptions, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify any order, requirement, decision, or determination in accordance with the provisions hereof.
(2)
Expiration of appeal decision. Unless otherwise specified by the Board, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit, or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
(3)
Appeal from decision of Board. In case of an appeal from the Board to the Court of Common Pleas, the Board shall make the return required by law, and shall promptly notify the Borough Solicitor of such appeal and furnish him with a copy of the return including a transcript of the testimony.
(4)
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Official certifies to the Board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificates stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board after notice to the Zoning Official or by the Court of Common Pleas.
(5)
Information required on appeal application. All appeals from a decision of the Zoning Official and applications to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall include the following:
(a)
The name and address of the applicant, or the appellant.
(b)
The name and address of the owner of the zone lot to be affected by such proposed change or appeal.
(c)
A brief description and location of the zone lot to be affected by such proposed change or appeal.
(d)
A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof.
(e)
A statement of the section of this chapter under which the appeal is made, and reasons why it should be granted, or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed, and the reasons for this appeal.
(f)
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, materials, and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
I.
Public hearings and notices. Upon filing with the Board of an appeal or of a request for a variance, as required by the terms of this chapter, or for such other purposes as provided herein where the Board deems it in the public interest, the Board shall fix a time and place for a public hearing thereon as follows:
(1)
Public notice. By advertising at least once in a newspaper of general circulation in the Borough, not less than one week nor more than three weeks in advance of such hearing.
(2)
Notice to appellant. By mailing a notice hereof to the appellant.
(3)
Notice to local officials. By mailing a notice to the Borough Council, Mayor and Planning Commission.
(4)
Notice to adjacent property owners and occupants. By mailing a notice to adjacent property owners and occupants of lots on the same street within 200 feet of the lot or building in question and to every lot not on the same street within 100 feet. Failure to send or receive such notice as required in this subsection shall not invalidate any action of or by the Board.
(5)
Representation at hearings. Upon the hearing, any party may appear in person or by agent or attorney.
(6)
Decision upon appeal. The Zoning Hearing Board shall fix a reasonable time for the hearing of the appeal, give notice thereof as hereinbefore provided, and decide the same within 45 days after the hearing or if said hearing is continued, within 45 days after said continued hearing. If the Zoning Hearing Board does not make a decision within 45 days after the hearing or continued hearing, it shall be deemed that such Board has decided in favor of the person or the officer of the Borough aggrieved or affected who is seeking relief.
(7)
Second hearing. Whenever the Zoning Hearing Board, after hearing all the evidence presented upon an application or appeal, under the provisions of this chapter, denies the same, said Board shall refuse to hold further hearings on the said or substantially similar application or appeal by the same applicant, his successor, or assign for a period of one year, except and unless said Board shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare, and that a reconsideration is justified.
§ 550-51 Powers and duties.
[Amended 2-10-1970 by Ord. No. 121-1970]
Board hearings. The Zoning Hearing Board shall hear and decide appeals pursuant to the Pennsylvania Municipalities Planning Code,[1] and shall have the following powers:
A.
Approve special uses. The Zoning Hearing Board shall have original jurisdiction and power, after advisory report from the Planning Commission, to grant a building permit for a special exception use which shall be so enumerated, on a particular site in the zone where enumerated without a finding of practical difficulty or undue hardship, but subject to the criteria and safeguards set forth in § 550-40 to the extent applicable and in the manner provided by law and to such other conditions and safeguards which may be imposed by the Zoning Hearing Board to secure the general objectives of this chapter and to protect adjoining properties.
B.
Grant variances. The Zoning Hearing Board shall have the power to grant variances pursuant to the Pennsylvania Municipalities Planning Code.[2] Every variance granted by the Zoning Hearing Board shall be based upon and accompanied by a specific finding or findings, supported by evidence produced at a public hearing, to the effect that:
(1)
There are special circumstances or conditions, fully described in the findings, applying to the land or buildings, that do not apply generally to land or buildings in the neighborhood.
(2)
Said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building.
(3)
For reasons set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Zoning Hearing Board is the minimum variance that will accomplish this purpose.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Variances subject to safeguards.
(1)
Every variance granted by the Zoning Hearing Board shall, in appropriate cases, be made subject to such conditions and safeguards as said Board shall deem to be applicable to the particular case.
(2)
All conditions and safeguards shall be designed by the Zoning Hearing Board to protect the public health, safety, morals, and general welfare, and shall be further designed to provide reasonable consideration for the protection of the surrounding neighborhood.
D.
Authorize temporary use. To grant after due notice and hearing, the temporary occupancy and use of a structure in any district for a purpose that does not conform with the district requirements; provided that such occupancy and use is truly of a temporary nature and subject to any reasonable conditions and safeguards, which the Zoning Hearing Board may impose to minimize any injurious effect upon the neighborhood or to protect contiguous property. The approval by the Zoning Hearing Board and any permit based thereon, for such temporary occupancy and use, shall not be granted for a period of more than three months, and shall not be renewable more than once in any period of less than 12 months.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 550-52 Hearing transcripts and stenographic fees.
[Added 11-1-1999 by Ord. No. 408-1999]
The applicant shall be responsible for the payment of 1/2 of the appearance fee for a stenographer to keep a stenographic record of the proceedings before the Zoning Hearing Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or shall be paid by the person appealing from a decision of the Board if such an appeal is made. Any additional copies shall be paid for by the party requesting such copy or copies. The appearance fee shall be paid prior to issuance of the decision but in no event more than 45 days after the hearing.