Lock Haven City Zoning Code
ARTICLE XXIII
Zoning Hearing Board
§ 410-154 Creation and appointment.
A.
Zoning Hearing Board members. A Zoning Hearing Board is hereby created, which Board shall have all of the powers and duties as set forth in the MPC or this chapter. The membership of said Board shall consist of five residents of the City appointed by City Council. The terms of office of each member of the Board shall be five years and shall be so fixed that the term of office of one member of the Board shall expire each year. The Board shall promptly notify City Council of any vacancies which occur. Appointment to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office (including appointed or elected) in the City, including membership on the Planning Commission and Zoning Officer.
B.
Alternate members. The City Council may appoint by resolution at least one but no more than three residents of the City to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be five years. When seated in accordance with § 410-156B of this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the Zoning Board to the same and full extent as provided by law for Zoning Hearing 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 on this chapter and otherwise provided by law. Alternates shall hold no other office in the City, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Board, but shall not be entitled to vote as a member of the Zoning Board nor be compensated pursuant to § 410-157B of this chapter unless designated as a voting alternate member pursuant to § 410-156B of this chapter.
§ 410-155 Removal of members.
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Council, taken after the member has received 15 days' advance notice of the intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
§ 410-156 Organization of Zoning Hearing Board.
A.
The Zoning Hearing 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 members of the Zoning Hearing Board, but the Zoning Hearing 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 Zoning Hearing Board as provided in Article IX, § 908 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
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.
C.
The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the City and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the City, and shall submit a report of its activities to City Council as requested by City Council.
§ 410-157 Expenditures for services.
A.
The City Council shall make provision in its budget for appropriate funds for the operation of the Zoning Hearing Board. Within the limits of funds appropriated by the City Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.
B.
Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the City Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the City Council. Alternate members of the Board may receive compensation, as may be fixed by the City Council, for the performance of their duties when designated as alternate members in § 410-156B of this chapter, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the City Council.
§ 410-158 Powers and duties.
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(2)
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 City and a zoning hearing board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(3)
Appeals 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 thereof, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot.
(4)
Appeals from a determination by a City 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.
(7)
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.
(9)
Appeals from the determination of the Zoning Officer or City 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 Article V or VII application of the MPC.[5]
[5]
Editor's Note: See 53 P.S. § 10501 et seq. or 10701 et seq., respectively.
B.
The Zoning Hearing Board shall hear requests for variances from the requirements of this chapter where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the application following the procedures set forth in § 410-159 of this chapter.
(1)
The Zoning Hearing Board may grant a variance, provided 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 conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter, and that the authorization of variance is therefore necessary to enable the reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
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.
(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)
Conditions. The Zoning Hearing Board, in approving variance applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions will constitute a violation of this chapter.
(3)
Filing requirements. In addition to the required zoning permit, each variance applications shall include the following:
(a)
Ground floor plans and elevations of existing and/or proposed structures.
(b)
Names and addresses of adjoining property owners, including properties directly across a public right-of-way. This information is provided by the City staff based on the current tax records.
(c)
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(d)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
(4)
Site plan approval. Any site plan presented in support of a variance shall become an official part of the record for said variance. Approval of any variance will also bind the use in accordance with the submitted site plan.
C.
The Zoning Hearing Board shall hear and decide requests for special exceptions upon the application as provided for and following the procedures set forth in § 410-159 in this chapter and subject to all applicable requirements, including but not limited to:
(1)
General criteria. Each applicant must demonstrate compliance with the following:
(a)
The proposed use shall be consistent with the purpose and intent of this chapter.
(b)
The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
(c)
The proposed use will not substantially change the character of the subject property's neighborhood.
(d)
Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access, etc.).
(e)
The proposed use complies with Article XV of this chapter regarding flood damage control standards.
(f)
The proposed use shall comply with those criteria specifically listed in Article XX of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter.
(g)
The proposed use will not substantially impair the integrity of the City of Lock Haven Comprehensive Plan.
(2)
Filing requirements. In addition to the required zoning permit information, each special exception application shall include the following:
(a)
Ground floor plans and elevations or proposed structures.
(b)
Names and address of adjoining property owners, including properties directly across a public right-of-way. This information is provided by the City staff based on the current tax records.
(c)
A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter.
(d)
A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.
(3)
Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. The conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter.
(4)
Site plan approval. Any site plan presented in support of the special exception shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan, shall require the obtainment of another special exception approval.
§ 410-159 Procedures.
A.
Application.
(1)
All action before the Board shall be initiated by a written application for hearing, which shall be filed with the Zoning Officer at least three weeks prior to the meeting at which time the matter is to be heard, along with all maps, plans and text which may be relevant to the request. All applications shall be made on forms specified by the Board. No application shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached and until all fees required shall have been paid.
(2)
The Zoning Officer shall transmit the request and any information received therewith, along with his file on said issue, forthwith to the Zoning Hearing Board.
B.
Fees. The City Council may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
C.
Time limitations.
(1)
Landowner appeals. All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.
(2)
Appeal of persons aggrieved. No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by the appropriate City officer, agency or body 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.
D.
Hearing schedule. The Board may conduct hearings and make decisions at any regular or special meeting. In no instance will a hearing be scheduled later than 60 days from the date of the applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.
E.
Notification of hearing.
(1)
Whenever a hearing has been scheduled, public notice shall be given to the general public by means of publication once each week for two successive weeks in a newspaper of general circulation within the community. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days, and the second publication shall not be less than seven days prior to the date of the hearing.
(2)
Written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for such notice.
(3)
In addition to the notice provided herein, the Zoning Officer shall conspicuously post notice of said hearing on the affected tract of land no less than seven days prior to the date of the hearing.
(4)
The applicant shall, at least five days prior to the time appointed for said hearing, give personal notice to all owners of property within 200 lineal feet of the affected property by either handing a copy thereof to the said property owner(s) or by leaving a copy at their usual place of abode or by sending written notification by certified mail/return receipt requested to the last known address of the property owner(s).
(a)
Where the owner(s) are a partnership, service upon any partner as above provided shall be sufficient, and where the owner(s) are corporations, service upon any officer, as above set forth, shall be sufficient.
F.
Conduct of hearing. The hearing shall be conducted by the Zoning Hearing Board. 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 City, may, prior to the decision of the hearing, waive decision or findings by the Zoning Hearing Board and accept the decision or findings of the hearing as final.
G.
Order of hearing.
(1)
Hearing called to order.
(2)
Chairman's statement of reason for hearing.
(3)
Chairman's statement of parties to hearing.
(4)
Identification of other parties wishing to be heard.
(5)
Outline of procedures to be followed during hearing.
(9)
Other testimony and evidence.
(10)
Rebuttal by applicant.
(11)
Rebuttal by objectors.
(12)
Concluding remarks and notice of when decision is expected to be made.
(13)
Adjournment of hearing.
H.
Record. The Zoning Hearing Board shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. A transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. The cost of the original transcript shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or shall be paid by the person appealing from the decision of the Zoning Hearing 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.
Parties. The parties to the hearing shall be the City, 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. All persons who wish to be considered parties shall enter appearances, in writing, on forms provided by the Board for that purpose. Persons aggrieved shall not be denied standing because they do not reside nor have a property interest within the municipal boundaries.
J.
Representation. All parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument, and to cross-examine adverse witnesses on all relevant issues.
K.
Witnesses. All witnesses shall testify under oath. The Chairman or acting Chairman of the Zoning Hearing Board 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.
L.
Evidence. The Zoning Hearing Board shall not be bound by strict rules of evidence, but it may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. The Chairman shall rule on all questions relating to the admissibility of evidence, which may be overruled by a majority of the Zoning Hearing Board.
M.
Communication. The Zoning Hearing Board 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 any communication, reports, staff memoranda or other materials, except advice from the Zoning Hearing Board 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.
N.
Decisions.
(1)
The Board shall render a written decision, or when no decision is called for, make written findings within 45 days after the last hearing before the Board. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with reasons therefor. Conclusions based on any provisions of this chapter or the MPC 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.
(2)
The Board may conduct its deliberations and shall vote on all matters in public session at the meeting in which evidence is concluded. If additional time for deliberation is necessary, the Board shall reschedule the deliberations to a date within the allotted forty-five-day time limit.
(3)
All matters shall be decided by a roll call vote. Decisions on any matter before the Board shall require the affirmative vote of those present and voting unless otherwise specified herein.
(4)
No member of the Board shall vote on any matter in which he is personally or financially interested. Said member may be counted by the Board in establishing the quorum for such matters.
(5)
No member of the Board shall vote on the adjudication of any matter unless he has attended the public hearing thereon.
(6)
A tie vote shall be considered a rejection of the application under consideration. However, if a person aggrieved has appealed the grant of a permit or approval, a tie vote upholds the prior approval.
(7)
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 next business day following its date. To all other persons who have filed their name and address with the Zoning Hearing Board not later than the last day of the hearing, the Zoning Hearing Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
O.
Continuances. On its own motion, or by any party to the proceeding or on approval of requests by applicant, appellants or their authorized agents, the Board may provide for continuances of cases on which hearings have begun. Such continuances shall be permitted only for good cause, stated in the motion and, unless time and place is stated, shall require new public notice, with fees paid by applicants or appellants if continuances are at their request or result from their actions. A notice of the place, date and time of the continued hearing shall also be posted prominently at the municipal office where the hearing will be continued.
P.
Failure to hold hearing or render decision. Where the Board fails to render a decision within the period required, or fails to hold a hearing within the period required, the decision shall be deemed to have been rendered in favor of the applicant unless otherwise specified in the MPC. However, failure to act on a validity challenge results in a deemed denial. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision, the Board shall give public notice of deemed approval within 10 days from the last day it could have met to render a decision in the same manner as in Subsection N hereinabove.
§ 410-160 Effect of Zoning Hearing Board's decision.
A.
If the variance or special exception is granted or the issuance of a permit is approved, or other action by the appellant is authorized, the necessary permit shall be secured and the authorized action begun within one year after the date when the variance or special exception is finally granted, or the issuance of a permit is finally approved, or the other action by the appellant is authorized, and the building or alteration, as the case may be, shall be completed within two years of said date. For good cause, the Zoning Hearing Board may, at any time, upon application in writing, extend either of these deadlines.
B.
Should the appellant or applicant fail to obtain the necessary permits within said one-year period, or having obtained the permit, should he fail to commence work thereunder within such one-year period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his application, and all provisions, variances and permits granted to him shall be deemed automatically rescinded by the Zoning Hearing Board.
C.
Should the appellant or applicant commence construction or alteration within said one-year period, but should he fail to complete such construction or alteration within said two-year period, the Zoning Hearing Board may, upon 10 days' notice in writing, rescind or revoke the granted variance or special exception, or the issuance of the permit, or permits, or the other action authorized to the appellant or applicant, if the Zoning Hearing Board finds that no good cause appears for the failure to complete within such two-year period, and if the Zoning Hearing Board further finds that conditions have so altered or changed in the interval since the granting of the variance, permit or action, that revocation or rescission of the action is justified.
D.
As an alternative to the preceding, an applicant can request, as part of the original application before the Zoning Hearing Board, the granting of a timetable associated with the request which would supersede the deadlines imposed. In so doing, the applicant must demonstrate that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this section, the Zoning Hearing Board must establish and bind a definite time frame for: issuance of a zoning permit; and completion of construction of the project.
§ 410-161 Information required on appeal application.
All appeals from a decision of the Zoning Officer 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 reasons for this appeal.
F.
A 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 drawn to scale 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.
§ 410-162 Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board after the notice of appeal shall have been filed, that by reason of facts stated in the certificate 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 Building Inspector or by the Court of Common Pleas.