Mechanicsburg City Zoning Code
PART 11
APPLICATION AND REVIEW PROCESS
§ 27-1101 Schedule of Fees.
[Ord. 1112, 1/19/2010]
A.
A schedule of fees shall be established by resolution of the Borough Council from time to time and shall be posted conspicuously in the Borough Building.
B.
No permit, certificate, application or variance shall be issued unless or until such costs, charges, fees or expenses as established by such resolution have been paid in full; nor shall any action be taken by the Borough Council and/or Zoning Hearing Board unless or until preliminary charges and fees have been paid in full.
C.
A zoning permit shall be required prior to the establishment, change or alteration of any use or the construction, enlargement, expansion or alteration of any structure. A building permit may also be required under the Mechanicsburg Borough Code relating to building codes/construction.
§ 27-1102 Requests for Reasonable Accommodation.
[Ord. 1112, 1/19/2010]
A.
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit the request to the Zoning Hearing Board, which shall require that the following information, which may be reasonably needed to process the request, be provided:
(1)
Specific citation of the Zoning Ordinance provision from which reasonable accommodation is requested.
(2)
The name and address of the applicant.
(3)
The specific description of the reasonable accommodation sought and the particulars, including exact admonitions of any proposed structural or locational accommodation.
(4)
The condition of the applicant for which reasonable accommodation is sought.
(5)
A description of the hardship, if any, that the applicant will incur absent provision of the reasonable accommodation requested.
(6)
A description of any alternative methods of relieving the claimed hardship that have been considered and the reason, if any, why the applicant has rejected such alternatives.
(7)
A statement describing why the requested accommodation is necessary to afford the applicant an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.
(8)
A description of the manner in which the accommodation, if granted, will be terminated or removed if no longer required to afford equal housing opportunity to handicapped or disabled persons.
(9)
A statement of any facts indicating whether or not nonhandicapped or nondisabled persons would be permitted to utilize the property in question in a manner similar sought by the applicant.
B.
The Zoning Hearing Board may hold any meetings and/or hearing necessary, in its discretion, to elicit information or argument pertinent to the request for accommodation.
C.
The Zoning Hearing Board's decision shall be in writing and shall state the reasons for the decision.
D.
The Zoning Hearing Board shall issue its written decision to the applicant and the Borough within 30 days of filing of the request for accommodation.
E.
A request for reasonable accommodation should be directed in the first instance to the Zoning Hearing Board. In considering a request for reasonable accommodation, the Zoning Hearing Board shall, with the advice of the counsel of the Borough Solicitor, apply the following criteria:
(1)
Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act amendments or the Americans with Disabilities Act.
(2)
The degree to which the accommodation sought is related to the handicap or disability of the applicant.
(3)
A description of the hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.
(4)
The extent to which the requested accommodation is necessary to afford the applicant(s) opportunities equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.
(5)
The extent to which the proposed accommodation may impact other property owners in the immediate vicinity.
(6)
The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by this chapter, the Comprehensive Plan, and the community development objectives set forth in this chapter.
(7)
The extent to which the requested accommodation would impose financial and administrative burdens upon the Borough.
(8)
The extent to which the requested accommodation would impose an undue hardship upon the Borough.
(9)
The extent to which the accommodation would require a fundamental alteration in the nature of the Borough's regulatory policies, objectives and regulations.
(10)
The extent to which the requested accommodation would result in a subsidy, privilege, or benefit not available to nonhandicapped or nondisabled persons.
(11)
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the dwelling in question.
(12)
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by the applicant.
§ 27-1103 Special Exception Approval Procedures.
[Ord. 1112, 1/19/2010]
A.
Approval of uses by special exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1] See also Part 6 for criteria relevant to special exception applications.
(1)
A written application for special exception is submitted to the Zoning Officer prior to the regular meeting of the Zoning Hearing Board for review based upon a schedule defined by the Borough. The Zoning Officer shall determine the completeness of the application and either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice, which cites the specific requirements of this chapter which have not been met, shall be sent to the applicant. The application shall include the following:
(a)
A development plan, as defined herein.
(b)
A written statement showing compliance with the applicable express standards and criteria of this Part for the proposed use.
(c)
A map showing and identifying all lots within 200 feet of the property for which use by special exception approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of the Cumberland County Tax Assessor's office.
(e)
The application fee defined by the Borough.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
A public hearing pursuant to public notice is held by the Zoning Hearing Board within 60 days of the date of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified this chapter.
C.
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions and safeguards, when made part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter.
D.
Expiration of approval of use by special exception. Approval of a use by special exception shall expire automatically without written notice to the applicant if no application for a building permit or zoning certificate to undertake the construction for the authorized occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
E.
Expiration of approval of use by special exception granted prior to the effective date of this chapter. Approval of a use by special exception granted prior to the effective date of this chapter shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 27-1104 Conditional Use Approval Procedures.
[Ord. 1112, 1/19/2010]
A.
Approval of conditional uses.
(1)
The Borough Council shall hear and decide requests for conditional uses within the time periods and according to the procedures set forth in the Pennsylvania Municipalities Planning Code.[1] Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other ordinance 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Where the Borough Council fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in § 908(1.2) of the Pennsylvania Municipalities Code[2] within 60 days from the date of the applicant's request for a hearing or fails to complete the hearing no later than 100 days after the completion of the applicant's case-in-chief, unless extended for good cause upon application to the Cumberland County Court of Common Pleas, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter. If the Borough Council shall fail to provide such notice, the applicant may do so.
[2]
Editor's Note: See 53 P.S. § 10908(1.2).
(3)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
(4)
Given the requirements of Subsection A(1) through (3), the Borough Council shall not evaluate a conditional use application unless and until:
(a)
A written application for conditional use approval is submitted to the Zoning Officer no less than 10 working days prior to the regular meeting of the Planning Commission for review. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The Zoning Officer shall determine the completeness of the application and either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice, which cites the specific requirements of this chapter which have not been met, shall be sent to the applicant. The application shall include the following:
[1]
A development plan, as defined herein.
[2]
A written statement showing compliance with the applicable express standards and criteria of this Part for the proposed use.
[3]
A map showing and identifying all lots within 200 feet of the lot for which conditional use approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of the Cumberland County Tax Assessor's office.
[4]
A traffic impact analysis, if required by Chapter 22, Subdivision and Land Development, or by the requirements of this Part.
[5]
The application fee required by the Borough.
(5)
A written recommendation is received from the Planning Commission or 30 days has passed from the date of the Planning Commission meeting at which the application is first considered for approval.
(6)
A public hearing is held by the Borough Council pursuant to public notice.
(7)
In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may seem necessary to implement the purposes of the Municipalities Planning Code[3] and this chapter.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Expiration of Conditional Use Approval. Conditional use approval shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Borough Council, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
C.
Expiration of Conditional Use Approval Granted Prior to the Effective Date of this Chapter. Conditional use approval granted prior to the effective date of this chapter shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Borough Council, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 27-1105 Sustainable Practices Bonuses.
[Ord. 1112, 1/19/2010]
A.
Purpose. The purpose of these bonuses is to promote sustainable development practices and resource conservation through encouraging consistency with the principles of the United States Green Building Council for existing buildings, new construction and neighborhood development. Green buildings improve air and water quality, reduce solid waste, conserve natural resources, reduce operation costs, optimize life-cycle economic performance and minimize the strain on local infrastructure. Given that buildings are responsible for a large portion of energy and resource use, the provisions of this section are intended to promote sustainable developments that reduce the impact of development in the Borough of Mechanicsburg.
B.
Applicability. Bonuses for sustainable development may be permitted in all nonresidential zoning districts. These bonuses may not be applied in addition to any additional height, FAR variances, conditional uses granted by the Borough Council or special exceptions granted by the Zoning Hearing Board.
C.
Special definitions. "LEED-certified building" shall mean a building certified under the Leadership in Energy and Environmental Design (LEED) program of the United States Green Building Council that meets LEED standards for either new construction and major renovation projects or core and shell projects.
D.
Bonuses. In the event that a building or structure is determined to be a LEED-certified building, the maximum floor area may exceed the coverage specified for the applicable base zoning district but shall not exceed an additional 15% coverage. Also, in the event that a building or structure is determined to be a LEED-certified building, the maximum height of the building or structure may exceed the permitted height of the base zoning district but shall not exceed an additional 20% of the permitted height. The applicant(s) shall present a signed copy of a development review prepared by a LEED AP (accredited professional or other Borough-accepted building organization) outlining the elements and relevant point scoring applicable to the certification process. The applicant(s) and Borough shall enter into a signed agreement identifying improvements shall meet minimum certification levels or otherwise violation of the Borough Zoning Ordinance in the form, at a minimum, of nonconforming status shall apply.
[Amended by Ord. 1138, 6/17/2014]