Matamoras City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 124-37 Authority; enforcement.
A.
Zoning Officer. It shall be the duty of the Zoning Officer, to be appointed by the Borough Council, to enforce the provisions of this chapter. The Zoning Officer shall examine all applications for permits and shall issue or refuse permits within 30 days of receipt of the application or, where applicable, refer said application to the governing body. The Zoning Officer shall record and file all applications for permits with accompanying plans and documents, and shall file reports rendered, certificates issued, inspections made and notices or orders issued and shall identify and register nonconforming uses and structures when application is made of such certification or registration and shall make such other reports as Borough Council may require.
[Amended 6-5-2007 by Ord. No. 289]
B.
Conditional uses and special exceptions and variances. Permits for construction and uses which are conditional uses shall be issued only upon written order of the Borough Council. Permits for construction and uses which are a special exception or a variance to requirements of this chapter shall be issued only upon written order of the Zoning Hearing Board.
§ 124-38 Permits.
A.
Requirements of permits. A building and/or zoning permit shall be required prior to the erection, addition or alteration or demolition of any building or structure or any accessory building or structure or portion thereof or regulated sign; prior to the use or change in use of a building or land; and prior to the change or extension of a nonconforming use. It shall be unlawful for any person to commence work for the erection or alteration or demolition of any building or for a change in land use until a permit has been duly issued therefor. No zoning permit shall be required in cases of normal maintenance activities, minor repairs or alterations which do not structurally change a building or structure.
[Amended 10-2-2007 by Ord. No. 294]
B.
Applications for permits.
(1)
All applications for permits shall be accompanied by plot sketch in duplicate, drawn to show the actual shape and dimensions of the lot to be built upon, the exact size and location of any buildings existing on the lot, the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate and such other information deemed necessary by the borough to determine compliance with this chapter and all other pertinent ordinances.
(2)
The Zoning Officer, Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, may require the applicant to provide a current survey map of his property to confirm compliance with lot size, lot width, setbacks or any other requirement of this chapter.
(3)
Applications for variances, special exceptions and conditional uses shall include the Tax Map number of the project parcel and a list of property owners located within two hundred (200) feet of the project parcel. All applications with accompanying plans and documents shall become a public record after a permit is issued or denied.
C.
Subdivision approval. Applications for uses which also necessitate approvals under the Borough Subdivision Ordinance[1] shall be processed in the manner provided for plat approval under that ordinance. Such applications shall also contain all information or data normally required for a submission under the Subdivision Ordinance. A zoning permit shall not be issued until the proposed use has been granted a preliminary approval under the Subdivision Ordinance. However, no building or property shall be occupied or used until final subdivision approval has been granted and a certificate of use has been properly issued pursuant to § 124-41 of this chapter.
D.
Issuance of permits. No permit shall be issued until the Zoning Officer has certified that the proposed use, building, addition or alteration complies with all the provisions of this chapter as well as with all the provisions of other applicable regulations. Once issued, a zoning permit shall be valid for a period of one (1) year. If after one (1) year from permit issuance the use, structure or building authorized by said permit has not been established or erected, said permit shall expire and a new permit shall be required.
E.
Temporary permit. A temporary permit may be authorized by the Borough Council for a nonconforming structure or use which it deems necessary to promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the permit for a specified period of time not to exceed one (1) year and may be renewed annually for an aggregate period not exceeding three (3) years.
F.
Zoning permits for temporary uses and structures.
[Added 6-6-2006 by Ord. No. 285]
(1)
A Zoning Permit for a temporary use or structure may be issued by the Borough Zoning Officer for any of the following:
(a)
A temporary permit may be issued for customary, routine and accessory short-term temporary use and structure, provided that:
[1]
Only a well-established nonprofit organization, fire company or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose or existing retail businesses shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;
[2]
Such total temporary uses and structures shall be limited to a maximum of 12 total days per calendar year for all activities;
[3]
The applicant shall prove to the Zoning Officer that sufficient parking and traffic control will be available for the temporary use and structure, without obstructing parking that is required to serve other uses on the site; and
[4]
The applicant shall have written consent of the owner of the property where the temporary use and structure is to be held, if not owned by the applicant. Such written consent shall be submitted to the Zoning Officer as part of the zoning permit package.
(b)
A temporary permit may be issued for temporary storage and office trailers that are necessary to serve on-site construction while such construction is actively underway under a valid Borough permit.
(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 twelve-day maximum period shall apply. In no case shall the Zoning Officer exceed the twelve-day limit annually for any applicant, use or location.
[Amended 7-7-2009 by Ord. No. 308]
(3)
Temporary retail sales. Except as provided in Subsection F(1)(a)[1] above, and except for agricultural sales allowed by the State Right to Farm Act,[2] a lot shall only be used for temporary retail sales if all of the following conditions are met:
(a)
The property shall be located within a zoning district that allows retail sales.
(b)
The operator shall have received any business permits required by the Borough. The operator may be a different entity than the operator of another business on the lot.
(c)
No off-street parking spaces shall be obstructed that are required to serve permanent uses on the lot.
(d)
Any signs advertising a temporary use and structure shall comply with § 124-17I, Temporary signs.
(e)
If food or beverages are sold that are not prepackaged, the applicant shall prove compliance with the 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 structure shall meet applicable minimum setbacks.
(h)
The application may be rejected if the Zoning Officer has reason to believe that the activity would obstruct safe sight distances.
(i)
The applicant shall have written consent of the owner of the property where the temporary retail sales will be held, if the property is not owned by the applicant. Such written consent shall be submitted to the Zoning Officer as part of the zoning permit package.
[2]
Editor's Note: See 3 P.S. § 951 et seq.
G.
Demolition permit. A demolition permit shall be required by the Zoning Officer for removal of existing structure(s). The Zoning Officer will set a time limit for how long debris can remain on the site. A dumpster with a maximum volume of 30 cubic yards of debris may remain on site within the allotted time limit, unless otherwise authorized by the Zoning Officer. The Zoning Officer shall require a certificate of homeowners' insurance for the property being demolished. If the demolition work is performed by a contractor authorized by the property owner, that contractor must have all inclusive insurances for a business, and comply with all regulations of the Pennsylvania Department of Environmental Protection on disposal of demolition debris.
[Added 10-2-2007 by Ord. No. 295]
§ 124-39 Fees.
A.
As authorized by Section 617.3(e) of the Pennsylvania Municipalities Planning Code,[1] the Borough Council shall, by duly adopted resolution of the Council, establish a uniform schedule of fees, charges and expenses, as well as a collection procedure, for zoning permits, conditional use permits, Zoning Hearing Board proceedings and other matters pertaining to this chapter.
[1]
Editor's Note: See 53 P.S. § 10617.3(e).
B.
Permits, special exceptions and variances shall be issued only after fees have been paid in full, and the Zoning Hearing Board shall take no action on appeals until all fees have been paid in full.
C.
The appearance fee for a stenographer shall be shared equally by the applicant and the 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 the decision of the 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.
§ 124-40 Inspection.
A.
Inspection by the Zoning Officer. The Zoning Officer shall have the authority to make the following minimum number of inspections on property for which a permit has been issued:
(1)
At the beginning of construction. A record shall be made indicating the time and date of the inspection and the finding of the Zoning Officer in regard to conformance of the construction with plans submitted with the application for the building. If the actual construction does not conform to the application, a written notice of the violation shall be issued by the Zoning Officer, and such violation shall be discontinued. Upon proper correction of the violation and receipt of written notice from the Zoning Officer, construction shall proceed.
(2)
At the completion of construction. A record shall be made indicating the time and date of the inspection and the findings of the Zoning Officer in regard to the issuance of a certificate of use. Nothing contained in this chapter shall impose or imply any responsibility upon the Borough Council or its officials or agents for the quality of workmanship or materials employed in construction.
B.
Inspection by borough officials. It shall be deemed that the applicant, by virtue of submitting a zoning application to the borough, grants permission to the Borough Planning Commission, Borough Council or other agent authorized by the Borough Council to make such inspections of the subject premises as determined necessary by the Borough Council to confirm compliance with the provisions of this chapter. Such inspection shall be made at reasonable times and shall be solely for the purposes set forth in this § 124-40B.
§ 124-41 Certificate of use.
A.
Definition. A certificate of use shall be a statement issued by the Zoning Officer setting forth either that a building, structure or parcel of land complies with the provisions of this chapter or that a building or structure lawfully may be employed for specified uses under the provisions of this chapter, or both.
B.
Required. No vacant land shall be occupied or used and no structure or part of a structure hereafter erected, structurally altered or changed in use shall be occupied or used until a certificate of use shall have been issued therefor by the Zoning Officer.
C.
New structures and buildings, additions and alterations.
[Amended 5-2-1995 by Ord. No. 246]
(1)
Required. A certificate of use, either for the whole or part of a new building or structure or for the alteration of or addition to an existing building or structure, shall be applied for immediately upon completion of the construction authorized by the permit and prior to any occupancy thereof. The Zoning Officer shall issue or deny the application for the certificate of use within fifteen (15) days of receipt of the application for the same. If the erection, alteration of or addition to such building or structure or part shall have been completed in conformity with the provisions of this chapter and the conditions on the permit, the certificate of use shall be issued. If the construction does not conform with the provisions of this chapter and the conditions of the permit, the certificate of use shall be denied.
(2)
Exemption. A certificate of use shall not be required for fences or signs. However, the exemption from the requirement for a certificate of use shall not exempt such structures from compliance with the requirements of this chapter, and any owner of such structure shall be subject to enforcement proceedings for failure of compliance.
D.
Change in use.
(1)
A certificate of use for the use or occupancy of vacant land or for a change in the use of land or for a change in the use of an existing building shall be applied for and issued before any such land shall be occupied or used or such land or building changed in use. Any change of use which results in a change from a use listed on the Schedule of Uses[1] to another use listed on the Schedule of Uses shall be treated as a new use, and the applicable approvals, including conditional use or special exception approval, shall be required. For example, the conversion of a warehouse building into an auto body shop would not involve new construction; however, the use would be changing and would require a change of use permit.
[1]
Editor's Note: The Schedule of Uses is included at the end of this chapter .
(2)
In cases where a use changes but remains within the same definition of a use listed on the Schedule of Uses and no new construction is involved, a certificate of use shall be required for the change in use. However, conditional use approval or special exception approval will not be required. For example, a candy store changing to a hardware store, both retail businesses as listed on the Schedule of Uses, would not require conditional use approval, but rather, only a certificate of use issued by the Zoning Officer.
E.
Nonconforming uses. A certificate of use for changing or extending a nonconforming use existing at the time of the passage of this chapter or of an amendment thereto shall be applied for and issued before any such nonconforming use shall be changed or extended in accord with this chapter.
F.
Records. A record of all certificates of use shall be kept on file in the office of the Zoning Officer and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
§ 124-42 Compliance.
Failure to comply with any provision of this chapter, failure to secure or comply with a decision of the Borough Council or Zoning Hearing Board or the failure to secure a permit, when required, prior to or (when ordered) after the erection, construction, extension or addition to a building or prior to or after the use or change of use of land or failure to secure a certificate of use permit shall be violations of this chapter. When written notice of a violation of any of the provisions of this chapter shall be served by the Zoning Officer, personally or by certified mail, in the manner prescribed by Section 616.1 of the Pennsylvania Municipalities Planning Code,[1] such violation shall be discontinued or corrected as set forth in said notice.
[1]
Editor's Note: See 53 P.S. § 10616.1.
§ 124-43 Violations and penalties; remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the borough, pay a judgment of not more than five hundred dollars ($500.), plus all court costs, including reasonable attorney fees incurred by the borough as a result thereof.
B.
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 borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one (1) 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 fees collected for the violation of this chapter shall be paid over to the borough.
C.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
D.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the borough, the right to commence any action for enforcement pursuant to this section.
E.
In case any building, structure or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of any provisions of this chapter, the Borough Council or, with the approval of the Borough Council, an officer of the municipality or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute (in the name of the borough) any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the borough at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.
§ 124-44 Conditional uses; special exceptions.
A.
Conditional uses.
(1)
Uses specified as conditional uses shall be permitted only after review and approval pursuant to the express standards as provided for specific conditional uses in this chapter and in § 124-44C and as required by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Upon determining that an application for a specific use may only be granted as a conditional use under the terms of this chapter, the Zoning Officer shall forward a copy of said application, along with the required supporting data, to the Borough Planning Commission. The Planning Commission shall review the application within thirty (30) days following its next regular meeting and may hold a public hearing pursuant to public notice to receive comment on the proposed use.
(3)
The Planning Commission shall report its findings, together with a recommendation indicating whether the criteria listed above and any applicable performance standards have been satisfied. Upon receipt of the conditional use application and the recommendation of the Planning Commission, the Borough Council shall conduct a public hearing pursuant to public notice and shall grant or deny the application. If the application is granted, the Borough Council shall attach such reasonable conditions and safeguards as the Board deems necessary to protect the public health, safety and welfare and to implement the purposes of this chapter and shall direct the Zoning Officer, in writing, to issue a permit for the same. If the application is denied, the applicant shall be notified within five (5) days of the action in person or by certified mail, such notice including reasons for denial.
B.
Special exceptions. Uses specified as special exceptions shall be permitted only after review and approval by the Borough Zoning Hearing Board pursuant to the express standards as provided for specific special exceptions in this chapter and in Subsection D below along with all other applicable standards. Procedures for special exceptions shall be pursuant to Article IX of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Expansions and additions to conditional uses and special exceptions. Any expansion of or addition to a use or structure classified as a conditional use or special exception in the Schedule of Uses[3] shall be considered a conditional use or special exception, respectively.
[3]
Editor's Note: The Schedule of Uses is included at the end of this chapter .
D.
Standards and criteria. The standards and criteria applied to conditional uses and special exceptions are intended to ensure that the proposed use will be in harmony with the purposes, goals, objectives and standards of this chapter and other ordinances of Matamoras Borough. In addition to all the applicable standards provided in this chapter for specific conditional uses and special exceptions, the following standards and criteria shall be applied in the review of applications for conditional uses and special exceptions.
(1)
The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, adjacent property values or other matters affecting the public health, safety and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of this chapter or any other plan, program, map or ordinance of the borough or other government agency having jurisdiction to guide growth and development.
(2)
The proposed use shall not impose an undue burden on any of the improvements, facilities, utilities and services of the borough, whether such services are provided by the borough or some other entity. The applicant shall be wholly responsible for providing such improvements, facilities, utilities or services as may be required to adequately serve the proposed use when the same are not available or are inadequate to serve the proposed use in the proposed location. As part of the application and as a condition of approval of the proposed use, the applicant shall be responsible for establishing ability, willingness and binding commitment to provide such improvements, facilities, utilities and services in sufficient time and in a manner consistent with this and other ordinances of the borough. The permit approval shall be so conditioned.
(3)
In reviewing an application, the following additional factors shall be considered:
(a)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(b)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(e)
Adequacy of stormwater and drainage facilities. Stormwater leaving any site shall not exceed pre-development levels and facilities shall be designed to accommodate a ten-year storm.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(i)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(4)
No application shall be approved unless it is found that, in addition to complying with each of the standards enumerated above, any of the applicable standards contained in this chapter shall be met. In instances where the supplemental standards contained herein do not adequately protect the general health, safety and welfare of parties affected, all conditions necessary to protect the general health, safety and welfare shall be imposed as conditions of approval. Conditions which might be imposed shall include (but not be limited to) provisions for additional parking, traffic control, submission of landscaping plans for screening, setbacks, special measures addressing sales period activities, hours of operation, environmental controls and other measures which mitigate any potential adverse impact the use may have on adjoining uses. The applicant shall supply evidence regarding compliance with the express standards and criteria contained herein, and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the health, safety and welfare of the borough; and the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
E.
Information required.
(1)
General requirements.
[Amended 5-2-1995 by Ord. No. 246]
(a)
The applicant shall supply evidence regarding compliance with the express standards and criteria contained herein, and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the health, safety and welfare of the borough, and the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
(b)
Six (6) copies of the application for conditional use or special exception and supporting documentation shall be submitted.
(c)
In the case of an application involving the construction of any new structure or any addition to an existing structure, all of the information required in this § 124-44E shall be provided by the applicant. However, the Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, may determine, as part of the review process, that certain information is not required for a particular application, and upon such determination, the specified information need not be provided by the applicant.
(d)
In the case of an application which does not involve the construction of any new structure or any addition to an existing structure, a narrative providing details of the project shall be provided as required by Subsection E(2)(a) which follows. However, a plot plan, as required in Subsection E(2)(b) which follows, shall not generally be required unless the Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, deems such plot plan necessary to evaluate and make a decision on the application. The Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, shall determine, as part of the review process, the type of information and level of detail of the plot plan if such plot plan is required.
(e)
In any case, the Planning Commission, Borough Council or the Zoning Hearing Board, as the case may be, may require any other additional information or any level of detail deemed necessary to determine compliance with this chapter or to identify any impacts of the proposed use.
(2)
Specific requirements.
(a)
A narrative providing details of the project.
(b)
A plot plan legible in every detail and drawn to scale but not necessarily showing precise dimensions, and including the following information:
[1]
The name of the development.
[2]
The name and address of the landowner and/or land developer. (If corporation, give name of officers.)
[3]
Location map.
[4]
North arrow.
[5]
Graphic scale.
[6]
Written scale.
[7]
The date the plot plan was completed.
[8]
The names of adjacent property owners and Tax Map numbers, including those across adjacent roads.
[9]
Proposed and existing street and lot layout, including street names and right-of-way widths.
[10]
Existing and proposed man-made and/or natural features:
[a]
Watercourses, lakes and wetlands (with names).
[b]
Rock outcrops, ledges and stone fields.
[c]
Buildings and structures and setbacks required by this chapter.
[d]
Approximate location of tree masses.
[e]
Utility lines, wells and sewage system(s).
[f]
Entrances, exits, access roads and parking areas, including the number of spaces.
[g]
Drainage and stormwater management facilities.
[h]
Any and all other significant features.
[11]
The location of permanent and seasonal high-water table areas and one-hundred-year flood zones.
[12]
Tract boundaries accurately labeled.
[13]
The total acreage of the tract and the extent of the areas of the site to be disturbed and the percentage of lot coverage when the project is completed.
[14]
The location and type of rights-of-way or other existing restrictive covenants which might affect the subdivision and/or development.
[15]
A statement of the type of water supply and sewage disposal proposed.
F.
Limitation of approval.
(1)
Any conditional use approval granted by the Borough Council and any special exception approval granted by the Zoning Hearing Board shall expire one (1) year from the date such approval was granted if no building construction as approved has taken place or the use is not otherwise established as a functional and constructive activity prior to the expiration date. Upon such expiration, said approval and any permit issued subsequent thereto shall be deemed null and void and the developer shall be required to submit another application for the same.
[Amended 5-2-1995 by Ord. No. 246]
(2)
In cases where conditional use approval or special exception approval precedes land development approval, said conditional use approval or special exception approval shall become null and void unless a complete application for land development in accord with the Borough Subdivision and Land Development Ordinance[4] is made within one hundred eighty (180) days from the date of conditional use approval or special exception approval.
§ 124-45 Zoning Hearing Board.
A.
Jurisdiction.
(1)
The Borough Council shall appoint a Zoning Hearing Board and may appoint alternate members to the Zoning Hearing Board in accord with Section 903 of the Pennsylvania Municipalities Planning Code, as enacted or hereafter amended.[1] The Zoning Hearing Board shall have such powers and authority as set forth in Article IX of said Code. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(a)
Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to Sections 609.1 (curative amendments) and 916.1(a)(2) (ordinance validity) of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10609.1 and 53 P.S. § 10916.1(a)(2), respectively.
(b)
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 thirty (30) days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the municipality and a zoning hearing board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
(c)
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 therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
(d)
Appeals from the determination of the Municipal Engineer or Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within any land use ordinance.
(e)
Applications for variances from the terms of this chapter or any floodplain or flood hazard ordinance or such provisions within any land use ordinance, pursuant to § 124-45C of this chapter and Section 910.2 of the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10910.2.
(g)
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, if such provisions exist.
(i)
Appeals from the determination of the Zoning Officer or Municipal 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 subdivision and land development or planned residential development applications.
[1]
Editor's Note: See 53 P.S. § 10903.
(2)
The Zoning Hearing Board shall not, under any circumstances, have the authority to order any specific change in or amendment to the Zoning Map or to allow any use of property substantially different from those permitted under the Schedule of Uses[6] for the particular district.
[6]
Editor's Note: The Schedule of Uses in Appendix Nos. 1 through 7 located at the end of this chapter.
B.
Zoning Hearing Board applications.
(1)
Application to the Zoning Hearing Board shall be made, in writing, to the Chairman of the Zoning Hearing Board and shall state:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the real estate to be affected by such proposed exception or variance.
(c)
A brief description and location of real estate to be affected by such proposed change.
(d)
A statement of the present zoning classification of the real estate in question, the improvements thereon and the present use thereof.
(e)
A statement of the section of this chapter under which the application is being requested and the reasons why it should be granted.
(f)
Any reasonably accurate description of the present improvements and the additions intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, as required to accompany applications for building permits, indicating the location and size of the lot and size of improvements now erected and proposed to be erected thereon.
(g)
Any other information the applicant deems appropriate.
(2)
If the Zoning Hearing Board finds the appeal or request outside its scope of jurisdiction, it shall return the application for the same to the Zoning Officer for proper processing. Zoning Hearing Board matters shall otherwise be processed in conformance with the requirements of the Pennsylvania Municipalities Planning Code.[8]
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Variances.
(1)
The Zoning Hearing Board shall have the right to authorize such variances from this chapter as are permitted under Section 910.2 of the Pennsylvania Municipalities Planning Code.[9] The Board may grant a variance, provided that 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 a variance is therefore necessary to enable the reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the applicant.
(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 to 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.
[9]
Editor's Note: See 53 P.S. § 10910.2.
(2)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of Article VI and this chapter.
(3)
This authority shall not include the right to grant a use variance that would, in fact, alter the Zoning Map and thus constitute a rezoning.
§ 124-46 Mediation.
§ 124-47 Appeals to court; other administrative proceedings.
§ 124-48 Amendments.
B.
A landowner who desires to challenge on substantive grounds the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the governing body with a written request that his challenge and proposed amendment be heard and decided on as provided in Sections 609.1 and 916.1 of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10609.1 and 53 P.S. § 10916.1, respectively.