Millersville City Zoning Code
ARTICLE I
Administration
§ 380-1 Title; enactment; repealer.
A.
Title. A new chapter:
(1)
Dividing the Borough of Millersville into districts with varying regulations;
(2)
Permitting, prohibiting, regulating and determining the uses of land, watercourses and other bodies of water; the size, height, bulk, location, erection, construction, repair, expansion, razing, removal and use of structures; the areas and dimensions of land and bodies of water to be occupied by uses and structures; as well as yards and other open areas to be left unoccupied;
(3)
Establishing the maximum density and intensity of uses;
(5)
Establishing provisions for the protection of certain natural features.
B.
Short title. This chapter shall be known and be cited as the "Millersville Borough Zoning Ordinance" of 2003.
C.
Procedural defects in enactment. Any procedural challenge shall be filed in accordance with the Pennsylvania Municipalities Planning Code and other applicable law.
D.
Repealer. Ordinance No. 1985-2 of the Borough of Millersville, as amended, codified as Chapter 27, Zoning, of the Code of Ordinances of the Borough of Millersville, and all amendments to Ordinance No. 1985-2 are hereby expressly repealed; provided, however, that the provisions of Ordinance No. 1985-2 and all amendments thereto shall be applied to all subdivision and land development applications and plans to which such provisions are applicable under the requirements of Section 508(4) of the Municipalities Planning Code;[2] and provided, further, that nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this chapter. All ordinances and parts of ordinances and all resolutions and parts of resolutions which are inconsistent herewith by virtue of references to or incorporation of requirements contained in Ordinance No. 1985-2 or an amendment thereto shall, as nearly as possible, be construed to reference this chapter. All sections and provisions of Ordinance No. 1975-2 of the Borough of Millersville, codified as Chapter 325, Subdivision and Land Development, of the Code of the Borough of Millersville, and all amendments thereto, are expressly saved from repeal.
[2]
Editor's Note: See 53 P.S. § 10508(4).
E.
Enactment. Under the authority conferred by the Pennsylvania Municipalities Planning Code, as amended, the Borough Council of Millersville Borough hereby enacts and ordains this chapter.
F.
Severability. In the event any provision, section, sentence, clause or part of this chapter shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this chapter, it being the intent of Borough Council that the remainder of the chapter shall be and shall remain in full force and effect.
[Added 3-22-2016 by Ord. No. 2016-01]
§ 380-2 Applicability
This chapter shall apply throughout the Borough of Millersville. Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 380-4A.
§ 380-3 Purposes and community development objectives.
This chapter is hereby adopted in accordance with the following purposes, which shall serve as community development objectives, in addition the purposes provided for each district in § 380-22:
B.
The goals and objectives of the Millersville Comprehensive Plan and the County Comprehensive Plan; and
C.
The following additional objectives:
(1)
Incorporate the policy goals established by the Lancaster County Planning Commission.
(2)
Promote innovative residential design that encourages the creation of a sense of community for undeveloped parcels.
(3)
Provide diverse housing opportunities, including housing that is affordable.
(4)
Encourage adaptive reuse and infill development.
(5)
Protect sensitive and important natural features from indiscriminate development.
(6)
Stimulate economic development and revitalization by attracting commercial uses (such as retail, service and specialty stores) to appropriate areas.
(7)
Provide opportunities for home occupations of limited intensity.
(8)
Promote the preservation of historic resources.
(9)
Coordinate future land and roadway functions to maximize safe and efficient use of major roads.
(10)
Coordinate road improvements with planned roadway functions, design standards and planned land uses.
(11)
Assure that future development provides for access designs and planned locations that minimize traffic congestion and safety problems. Encourage needed improvements to be completed by developers.
(12)
Promote alternative means of transportation, such as pedestrian movement, bicycles, public transit and carpooling.
(13)
Seek to minimize the need for zoning variances for routine improvements.
§ 380-4 Permits and certificates.
A.
Applicability.
(1)
Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(a)
Erection, construction, movement, alteration, razing, demolition, removal, placement or extension of a structure, building or sign;
(b)
Change of the type of use or expansion of the use of a structure or area of land;
(c)
Creation of a lot or alteration of lot lines; and/or
(d)
Creation of a new use.
(2)
Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable Borough staff.
(a)
A zoning permit is required to be issued prior to the start of any of the following activities:
(b)
The Borough may, at its option, issue combined or separate building permits and zoning permits and/or may utilize a single or separate applications for the permits.
(c)
Maintenance and repairs. A zoning permit shall not be required for repairs or maintenance of a building, structure or land, provided that such repair or maintenance does not change the use or otherwise involve activities regulated by this chapter.
(3)
Certificate of use and occupancy.
(a)
It shall be unlawful to use and/or occupy any structure, sign, land area or portion thereof for which a zoning permit is required until a certificate of use and occupancy for such activity has been issued by the Borough staff.
(b)
The Borough staff may permit the zoning permit application to serve as the application for the certificate of use and occupancy.
(c)
The certificate of use and occupancy shall only be issued by the Zoning Officer if the Zoning Officer determines that the activity complies with this chapter, to the best knowledge of the Zoning Officer. The Borough may also withhold issuance of the certificate until there is compliance with other Borough ordinances.
(d)
The applicant shall keep a copy of the certificate of use and occupancy available for inspection.
(e)
Upon the request of an applicant, the Zoning Officer may issue a temporary certificate of use and occupancy. Such temporary certificate may permit an activity to occur in all or part of a structure before the entire work covered by the permit has been completed.
[1]
However, such temporary certificate shall only be issued if the applicant proves to the Zoning Officer that the activity or occupancy can occur safely without endangering public health or safety.
[2]
The temporary certificate shall establish, in writing, a maximum time period under which it is valid. A six-month maximum time period shall apply if not otherwise specified.
[3]
Failure to receive a permanent certificate of use and occupancy within such time period shall be a violation of this chapter.
[4]
The temporary certificate may be conditioned upon compliance with certain specific requirements within certain time periods.
C.
Types of uses.
(1)
Permitted-by-right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is permitted by right if it meets all of the requirements of this chapter.
(2)
Special exception use or application requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written approval by the Zoning Hearing Board following a hearing.
(3)
Conditional use. A permit under this chapter for a use provided as a conditional use shall only be issued by the Zoning Officer in response to a written approval by the Borough Council, after providing the Planning Commission with an opportunity for a review.
D.
Applications.
(1)
Submittal. All applications for a zoning permit for a decision by the Zoning Hearing Board shall be made in writing on a form provided by the Borough Such completed application, with required fees, shall be submitted to a designated Borough staff person.
(2)
Site plan. The applicant shall submit a minimum of two copies (unless a different number is required by the Borough staff) of a site plan with the application if the application involves a new principal building, expansion of a principal building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:
(a)
Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features.
(b)
Notes showing the dimensions of all buildings from lot lines and street rights-of-way.
(c)
Locations of any watercourses and any one-hundred-year floodplain.
(d)
Proposed lot areas, lot widths and other applicable dimensional requirements.
(e)
Locations and widths of existing and proposed sidewalks.
(3)
Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(a)
The address of the lot;
(b)
The name and address of the applicant, and of the owner of the property if different from the applicant;
(c)
A description of the proposed use of the property;
(d)
All other applicable information listed on the official Borough application form; and
(e)
Such additional information that the Zoning Officer may determine is reasonably necessary to determine compliance with this chapter.
(4)
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a)
The present zoning district and major applicable lot requirements;
(b)
For a nonresidential use:
[1]
A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards;
[2]
A list of the maximum hours of operation;
(c)
The existing directions of stormwater flow (and any proposed revisions) and any proposed methods of stormwater management;
(d)
A listing of any sections of this chapter being appealed, with the reasons for any appeal;
(e)
Approximate locations of principal buildings and locations of streets and alleys and zoning district boundaries within 100 feet of the boundaries of the tract and a description of uses of adjoining properties (such as drugstore or single-family detached dwelling);
(f)
Heights, locations, methods of illumination and intensity of exterior lighting and sign lighting;
(g)
The name and address of the person who prepared the site plan;
(h)
Signed acknowledgment of the site plan by the applicant; and
(i)
Such additional information required under applicable sections of this chapter.
E.
Issuance of permits.
(1)
At least one copy of each permit application and any other zoning approval shall be retained in Borough files.
(2)
PennDOT permit. Where necessary for access onto a state road, a Borough zoning or building permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.
F.
Revocation of permits; appeal of permit or approval.
(1)
Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter in case of one or more of the following:
(a)
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based; (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties.)
(b)
Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance;
(c)
Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application; and/or
(d)
For any other just cause set forth in this chapter.
(2)
Appeals. A person aggrieved or as otherwise provided by state law may appeal decisions under this chapter within the provisions of the State Municipalities Planning Code. Any such appeal shall occur within the time period established in the State Municipalities Planning Code. (As of the adoption date of this chapter, such provisions were in Sections 914.1 and 1002-A.[1])
[1]
Editor's Note: See 53 P.S. §§ 10914.1 and 11002-A.
G.
Zoning permit for temporary uses and structures.
(1)
A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(a)
Customary, routine and accessory short-term special events, provided that only a well-established nonprofit organization or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;
(b)
Temporary storage and office trailers that are necessary to serve on-site construction, white such construction is actively underway;
(c)
Such other activities that the applicant proves are routine, customary and temporary.
(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 six-month maximum period shall apply. A temporary permit may be renewed for just cause.
H.
Compliance with Chapter 325, Subdivision and Land Development. If an application under this chapter would also be regulated by Chapter 325, Subdivision and Land Development ("SALDO"), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.
(1)
For example, if an applicant applies for a single-family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.
§ 380-5 General procedure for permits.
B.
After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant. See time limits on permits in § 380-12G.
§ 380-6 Interpretation; uses not regulated.
A.
Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable Borough ordinance.
B.
Uses not specifically regulated. If a use clearly is not permitted by right or as a special exception use by this chapter within any zoning district, the use is prohibited; except that the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:
(1)
The proposed use would be less intensive in external impacts and nuisances than uses that are permitted in the district;
(2)
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 380-59F;
(3)
The use would meet the standards that would apply under § 380-17C to a special exception use; and
(4)
The use is not specifically prohibited in that district.
C.
Interpretation of chapter text and boundaries.
(1)
The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications. In any case, the Zoning Officer may also request an advisory opinion from the Borough Solicitor or the Zoning Hearing Board Solicitor to aid in the Zoning Officer's determination.
§ 380-7 Enforcement; violations and penalties.
All of the enforcement, violations and penalty provisions of the State Municipalities Planning Code, as amended, are hereby incorporated into this chapter by reference. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 616.1, 617 and 617.2 of such act.[1])
A.
Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1)
Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2)
Placement of false statements on or omitting relevant information from an application for a zoning permit.
(3)
Undertaking any action in a manner which does not comply with a zoning permit.
(4)
Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval.
(5)
Violation of any condition imposed by a decision of the Borough Council in granting a conditional use.
B.
Enforcement notice. If the Borough has reason to believe that a violation of a provision of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the State Municipalities Planning Code.[2] Prior to sending an official enforcement notice, the Zoning Officer may, at his/her option, informally request compliance.
[2]
Editor's Note: See 53 P.S. § 10616.1.
C.
Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
D.
Causes of action; enforcement remedies. The “causes of action” and “enforcement remedies” provisions of the State Municipalities Planning Code, as amended, are hereby incorporated by reference. (Note: As of the adoption date of this chapter, such provisions were in Section 617 of such law.[3])
(1)
Enforcement action. If the enforcement notice is not complied with promptly, the Zoning Officer shall notify the Borough Council. The Zoning Officer may also institute a civil enforcement proceeding before a Magisterial District Judge. Also, the Borough Council may request the Borough Solicitor to institute in the name of the Borough any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping or land in violation of the provisions of this chapter or the order or direction made pursuant thereto.
(2)
Violations and penalties. Any person who has violated or permitted the violation 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 $500 plus all court costs, including the reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. 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 a Magisterial District Judge, determining that there has been a violation, further determines that there was a good-faith basis for the person violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge; and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Borough for the general use of the Borough.
(3)
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.
[3]
Editor's Note: See 53 P.S. § 10617.
[1]
Editor's Note: See 53 P.S. §§ 10616.1, 10617 and 10617.2
§ 380-8 Fees.
§ 380-9 Amendments.
§ 380-10 Curative amendments.
A landowner or the Borough Council may utilize the curative amendment provisions of the State Municipalities Planning Code. (Note: As of the adoption date of this chapter, these provisions were in Sections 609.1, 609.2 and 916.1 of such act.[1])
[1]
Editor's Note: See 53 P.S. §§ 10609.1, 10609.2 and 10916.1.
§ 380-11 Zoning Officer.
A.
Appointment. The Zoning Officer shall be appointed by the Borough Council. The Borough Manager may designate other persons to serve as Assistant Zoning Officer(s). Such designations shall be subject to concurrence by the Borough Council. Assistant Zoning Officers may serve with the same authority and duties as the Zoning Officer. The Zoning Officer shall not hold any elective office within the Borough but may hold other appointed offices.
B.
Duties and powers. The Zoning Officer's duties and powers shall include the following:
(1)
Administer this chapter in accordance with its literal terms, including receiving and examining all applications required under the terms of this chapter, and issue or refuse permits within the provisions of this chapter;
(2)
Conduct inspections to determine compliance and receive complaints of violation of this chapter;
(3)
Keep records of applications, permits, certificates, written decisions, and variances granted by the Board and of enforcement orders, with all such records being the property of the Borough and being available for public inspection;
(4)
Review proposed subdivisions and land developments for compliance with this chapter; and
(5)
Take enforcement actions as provided by the State Municipalities Planning Code, as amended.
§ 380-12 Zoning Hearing Board actions and variances.
A.
Membership of Board. The Zoning Hearing Board shall consist of five residents of the Borough appointed by the Borough Council. The existing terms of office shall continue, with terms of office being five years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Borough.
(1)
Alternate members. The Borough Council may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the State Municipalities Planning Code. [Note: As of the adoption date of this chapter, such provisions were in Section 903(b) of such act.[1]]
[1]
Editor's Note: See 53 P.S. § 10903(b).
B.
Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
D.
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following:
(1)
Appeal of a decision by the Zoning Officer.
(2)
(3)
Variances.
(a)
The Board shall hear requests for variances filed with the Borough staff in writing.
(b)
Standards. The Board may grant a variance only within the limitations of state law. (Note: As of the adoption date of this chapter, the Municipalities Planning Code provided that all of the following findings must be made,[5] where relevant:
[1]
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;
[2]
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 a variance is therefore necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
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; and
[5]
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.)
[5]
Editor's Note: See 53 P.S. § 10910.2(a).
(c)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
(4)
Special exceptions.
(a)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 380-17.
(b)
Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(5)
Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are necessary to provide a reasonable accommodation under applicable federal law to serve persons who the applicant proves have disabilities, as defined in and protected by such laws.
(a)
Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes, as amended.
(b)
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person with a protected disability no longer will be present on the property.
G.
Time limits on permits and approvals.
(1)
Unless otherwise provided by the Zoning Hearing Board or the Borough Council in a decision granting approval, after a variance is approved or other zoning approval is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by any zoning permit shall then be completed and the use initiated within 12 months after the issuance of the permits. See the Building Code for the expiration date of building permits.[9]
[9]
Editor's Note: See Ch. 105, Code Enforcement.
(2)
Extension. Unless otherwise provided by the Zoning Hearing Board or the Borough Council in a decision granting approval, in response to an applicant stating good cause in writing, the Zoning Officer may extend, in writing, the time limit for completion of work to a maximum total of 36 months after permits are issued.
(3)
If an applicant fails to obtain the necessary permits or begin construction within the above time periods or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer may conclusively presume that the applicant has waived, withdrawn or abandoned approvals and permits under this chapter and may consider all such approvals and permits to have become null and void.
H.
Multiple and pending applications.
(1)
Legislative intent. The consideration of multiple applications for a single property at the same time creates substantial additional administrative work for the Borough staff and the volunteer members of the Zoning Hearing Board. The Borough staff must maintain multiple files with differing time limits within which the Zoning Hearing Board is required to schedule hearings and render decisions. The Borough staff and the Zoning Hearing Board must also ensure that each submission, letter, or other document is properly included in the record of one or more of the multiple application files, as appropriate. Documents which cannot be easily reproduced, such as plans, or documents which are bulky must be cross-referenced. The Borough incurs costs to store plans and other documentation associated with an application, which are increased by having to retain copies in each file and to cross-reference each application. The costs to the Borough which arise from multiple applications at one time relating to a single property are greater than the Borough's costs to administer single applications for various properties.
(2)
Number of applications which may be pending. No more than one application for the same property shall be pending before the Zoning Hearing Board at any time. If an applicant files a second or subsequent application with the Zoning Hearing Board while an application for the same property is pending, the Zoning Hearing Board shall schedule a hearing for the second or subsequent application as required by the Municipalities Planning Code and may deny the second or subsequent application for violation of this section unless that applicant has, in writing, withdrawn the application for the property which was pending on the date the second or subsequent application was filed.
(3)
Reconsideration. After the Zoning Hearing Board has rendered a decision or after a court of competent jurisdiction has rendered a final determination upon an appeal from a decision of the Zoning Hearing Board on an application for a special exception, the applicant, his successors and assigns shall not be permitted to file an application for a special exception under the same section of this chapter for a period of one year from the date of the decision of the Zoning Hearing Board or order of the court, whichever is later. Any reapplication for a special exception under the same section of this chapter shall be considered a request for a reconsideration of the Zoning Hearing Board's decision. The Zoning Hearing Board does not have jurisdiction to reconsider a decision. If an applicant files an application for such a reconsideration, whether or not the applicant terms his application a request for reconsideration, the Zoning Hearing Board shall schedule a hearing on the application for reconsideration in accordance with the requirements of the MPC and may deny the application for violation of this section and because the Zoning Hearing Board does not have such jurisdiction under Municipalities Planning Code Section 909.1(a).[10] Nothing contained herein shall prevent the Zoning Hearing Board from denying an application for a special exception, application for a variance, challenge to the validity of this chapter, or appeal from a determination of the Zoning Officer based upon res judicata, collateral estoppel or other concepts of issue preclusion.
[10]
Editor's Note: See 53 P.S. § 10909.1(a).
§ 380-13 Board hearings and decisions.
The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board:
A.
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(2)
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Borough staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
(3)
Persons given notice. The Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of the Borough Council. In addition, the Borough should provide notice to the last known principal owner of record of each property that is immediately adjacent to or immediately across a street from the subject property; however, failure to provide such notice shall not be grounds for an appeal. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered to the last known address.
B.
Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed, in writing, to an extension of time.
C.
Decision/findings.
(2)
The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed, in writing, to an extension of time.
(3)
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(4)
References shall be provided to the most pertinent section(s) of this chapter and/or the State Municipalities Planning Code.
D.
Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his/her representative at his/her last known address not later than the time limit established by the State Municipalities Planning Code, as amended. [Note: As of the adoption date of this chapter, such provisions were within Sections 908(9) and 908(10) of such act, including provisions regarding notice to other parties.[3]]
[3]
Editor's Note: See 53 P.S. §§ 10908(9) and 10908(10).
§ 380-14 Appeals to court.
The provisions for appeals to court that are stated in the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such act.[1])
[1]
Editor's Note: See 53 P.S. §§ 11001-A, 11002-A, 11003-A, 11004-A, 11005-A and 11006-A.
§ 380-15 Limited public utility exemptions.
§ 380-16 Limited Borough and municipal authority exemption.
The minimum lot area, minimum lot width and minimum street frontage requirements of this chapter shall not apply to uses or structures owned by Millersville Borough or by a municipal authority created solely by Millersville Borough for uses and structures that are intended for a public utility, stormwater or public health and safety purpose.
§ 380-17 Special exception use process.
A.
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
B.
Special exception procedure.
C.
Consideration of special exception applications. When special exceptions are provided for in this chapter, the Board shall hear and decide requests for such special exceptions in accordance with stated standards and criteria for the use and the following standards for special exceptions. The burden of proof shall rest with the applicant.
(1)
Compliance with this chapter. The applicant shall establish by credible evidence compliance with all conditions of the special exception enumerated in the section which gives the applicant the right to seek the special exception. The applicant shall provide the Zoning Hearing Board (or the Borough Council in the case of a conditional use) with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(2)
Compliance with other laws. The applicant shall establish by credible evidence compliance with all applicable Borough, state and federal ordinances, statutes and regulations. The applicant shall provide the Board (or the Borough Council in the case of a conditional use) with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(3)
Traffic and public services. The applicant shall establish by credible evidence that the proposed special exception shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner or improvements shall be made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems, including but not limited to fire protection, parks and recreation, and utilities.
(4)
Site planning. The applicant shall establish by credible evidence that the proposed special exception shall be, in and of itself, properly designed with regard to internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter and any other governing law or regulation.
(5)
Neighborhood. The proposed use shall not substantially injure or detract from the use of neighboring property or from the desirable character of the neighborhood, and the use of property adjacent to the area included in the special exception application shall be adequately safeguarded.
(6)
Safety. The applicant shall establish by credible evidence that the proposed use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
(7)
Historic impact. The application shall reasonably minimize negative impacts upon historically significant buildings on the same lot, as viewed from a street.
D.
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
§ 380-18 Liability.
A.
Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, stormwater runoff review, review of activity on steep slopes, or any other review, approval or permit under this chapter by an officer, employee, board, commission, solicitor, consultant or agency of the Borough shall not constitute a representation, guaranty or warranty of any kind by the Borough or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.
B.
If the Zoning Officer mistakenly issues a permit under this chapter, the Borough shall not be liable for any later lawful withdrawal of such permit.
§ 380-19 Conditional use process.
A.
Purpose. The conditional use approval process is designed to allow the Borough Council the opportunity to review and render a decision upon certain activities and uses that could have a significant impact upon the Borough.
B.
Procedure. Applications for conditional use approvals shall meet all requirements in the sections of this chapter which authorize such conditional use. The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the Municipalities Planning Code.
C.
Consideration of conditional use application. When a conditional use is provided for in this chapter, the Borough Council shall hear and decide requests for such conditional use in accordance with the applicable standards and criteria for the use and the standards of § 380-17C, which are hereby included by reference. The Borough Council may grant approval of a conditional use, provided that the applicant complies with all of the applicable standards and criteria. The burden of proof shall rest with the applicant.
D.
Conditions. The Borough Council, in approving conditional use 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 district. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.
E.
Multiple and pending applications. Multiple and pending applications shall be subject to the provisions of § 380-12H of this chapter, substituting "Borough Council" for "Zoning Hearing Board" each time such phrase appears.
F.
Modifications.
(1)
The Borough Council may, by conditional use approval, permit the modification of the provisions of this chapter which authorize the granting of the conditional use for cluster development or traditional neighborhood development, including but not limited to provisions relating to the percentage of types of dwelling units and the amount of commercial development, in order to encourage cluster and/or traditional neighborhood development. A landowner desiring to obtain such conditional use approval shall, when making an application for the conditional use as required by this section, also make application for conditional use approval under this § 380-17F. The Borough Council shall consider both conditional use approval requests simultaneously. However, the granting of a modification shall not have the effect of making null and void the intent and purpose of the section authorizing traditional neighborhood development. Any conditional use to permit a modification of the requirements governing cluster development or traditional neighborhood development shall be subject to the following standards:
(a)
The design and improvement of the development shall be in harmony with the purpose and intent of this chapter.
(b)
The design and improvement of the development shall generally enhance the development plan or in any case not have an adverse impact on its physical, visual or spatial characteristics.
(c)
The design and improvement of the development shall generally enhance the streetscape and neighborhood or in any case not have an adverse impact on the streetscape and neighborhood.
(d)
The modification shall not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the proposed development.
(e)
The proposed modification shall not result in any danger to the public health, safety or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violating the other purposes for which zoning ordinances are to be enacted under Section 604(1) of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10604(1).
(f)
Landscaping and other methods shall be used to ensure compliance with the design standards and guidelines of this chapter.
(g)
The minimum lot size of any lot to be created shall not be reduced below the requirements of this chapter relating to cluster development or traditional neighborhood development, as applicable.
(h)
The landowner shall demonstrate that the proposed modification will allow for equal or better results and represents the minimum modification necessary.
(2)
If the Borough Council determines that the landowner has met his burden, it may grant a modification of the requirements of this chapter. In granting modifications, the Borough Council may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter.