Montgomery Lycoming County
City Zoning Code
City Zoning Code
ARTICLE XVI
Zoning Hearing Board
§ 475-112 Establishment.
A Zoning Hearing Board is established in order that the objectives of this chapter may be fully and equitably achieved.
§ 475-113 Membership and election of officers.
A.
The Montgomery Borough Zoning Hearing Board shall consist of three members, appointed by the Borough. The terms of office of each member shall be three years, 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.
B.
The Board shall elect a Chairman, Vice Chairman and Secretary from its membership who shall serve annual terms and may succeed themselves. The Board shall promptly notify the Borough of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term.
§ 475-114 Removal of members.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held in connection with the vote if the member shall request it in writing.
§ 475-115 Interpretation appeals.
Any person aggrieved by a decision of the Codes Enforcement Officer shall have the right to appeal to the Zoning Hearing Board within 30 days of such decision, specifying the grounds thereof, and including the following:
A.
The name and address of the applicant or appellant;
B.
The name and address of the owner of the zoning lot to be affected;
C.
A brief description and location of the zoning lot to be affected;
D.
A statement of the present zoning classification of the zoning lot in question, the improvements thereon and the present use thereof;
E.
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted; and
F.
A description of the present improvements and the additions or changes intended to be made under this application, indicating the size, material and general construction thereof. In addition, there shall be attached a plot plan of the property.
§ 475-116 Variance appeals.
Where unnecessary hardship exists resulting from the strict interpretation of this chapter, the Board may grant a variance. In considering any appeal for a variance, the Board shall pursue the following procedure.
A.
Upon appeal from a decision by the Codes Enforcement Officer, the Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. The Board shall prescribe the form of application and require preliminary application to the Codes Enforcement Officer.
B.
The Board's decision to grant a permit for a variance shall be made only after public notice and hearing. Such permit shall apply specifically to the appeal and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to additional review and public hearing by the Zoning Hearing Board.
C.
The Board may thereafter grant a variance authorizing the Codes Enforcement Officer to issue a zoning permit, provided the following:
(1)
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 created by the provisions of this chapter;
(2)
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 the variance is necessary for reasonable use of the property;
(3)
That such unnecessary hardship had not been created by the appellant;
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood in which the property is located, nor substantially impair the appropriate use of adjacent property, nor be detrimental to the public welfare;
(5)
That the variance, if authorized, will represent the minimum variance which will afford relief and the least modification possible of the regulation in issue.
D.
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.
§ 475-117 Special exception applications.
In this chapter, special exceptions may be granted or denied by the Board pursuant to standards contained elsewhere in this chapter and general provisions as follows:
A.
The Board's decision to grant a permit for special exception use shall be made only after public notice and hearing.
B.
No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until it has first received and considered an advisory report from the Planning Commission. The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report. In the event that it fails to file its report within 30 days, such application shall be deemed to have been approved by the Commission. The Commission may have representation at the public hearing held by the Zoning Hearing Board.
C.
The Zoning Hearing Board may authorize the Codes Enforcement Officer to issue a zoning permit if the use meets all standards and requirements contained in this chapter and the following provisions:
D.
In granting a special exception, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it deems necessary to insure that the proposed development will secure the purposes of this chapter.
E.
A special exception expires if the applicant fails to obtain a building permit or use certificate within six months following the date of the grant of the special exception or fails to complete the work in the two years following the issuance of a building permit. In cases where a permit must be preceded by Borough approval of a subdivision or land development plan, the special exception expires if:
(1)
The applicant fails to file a preliminary subdivision or land development plan meeting applicable requirements within six months following the grant of the special exception; or
(2)
The applicant fails to file a final subdivision or land development plan within six months following the date of the approval by the Borough of the preliminary plan; or
(3)
The applicant fails to obtain a building permit or use certificate within six months following the date of the approval by the Borough of the final plan; or
(4)
The applicant fails to complete the work within two years of the issuance of the building permit.
§ 475-118 Challenges to validity.
Except for procedural questions regarding the process of enactment of any ordinance or its amendment or for appeal for a curative amendment, the Board shall hear all challenges to the validity of this chapter.
§ 475-119 Hardship permit.
A.
The Codes Enforcement Officer may grant a hardship permit to place a mobile home or other residential unit on a lot where the same would not otherwise be permitted by the terms of this chapter to house a member of the family of the owner of the tract on which the mobile home or other residential unit is to be placed. No rent shall be received for such use.
B.
The hardship permit may be issued for such period of time as the Codes Enforcement Officer deems appropriate and as the conditions warranting the permit continue. Such permit shall be issued only upon the finding that there is a genuine physical or medical hardship that can be satisfied, supported by medical or other documentation.
C.
Upon the expiration of the period of time established by the Codes Enforcement Officer, or when the conditions warranting the hardship no longer exist, the mobile home or other temporary residential unit shall be removed.
§ 475-120 Parties appellant before Board.
Appeals from a decision of the Codes Enforcement Officer and proceedings to challenge the validity of this chapter may be filed with the Board, in writing, by any officer or agency of the Borough or any person aggrieved. Requests for a variance or special exception, however, must be filed with the Board by an affected landowner or any authorized agent of such landowner.
§ 475-121 Hearings required and notice of hearings.
A.
The Board shall conduct hearings on any interpretation, variance, special exception, challenge or other matter requiring the Board's decision or other official action.
B.
Upon the filing with the Zoning Hearing Board of an appeal or application, the Board shall fix a reasonable time, not to exceed 60 days, and place for a public hearing thereon and give notice as follows:
(1)
Publish public notice in accordance with Borough requirements.
(2)
Post in a conspicuous place on the property involved a notice of pending action at least 15 days prior to the public hearing.
(3)
Give written notice to interested parties who shall be at least those persons whose properties adjoin or are across the street.
§ 475-122 Conduct of meetings.
The Board shall prescribe rules for the conduct of its meetings. Meetings shall be held at the call of the Chairman and at such other times as the Board may specify. Meetings shall be open to the public. A quorum of two members shall be required for the Board to take action.
§ 475-123 Records and decisions.
A.
The Board shall keep a stenographic record of the proceedings and a transcript of the proceedings, and copies of graphic or written material received in evidence shall be made available to any party at cost.
B.
The Board shall keep full public records of its business and shall submit a report of its activities to the Borough Council once a year.
C.
The Board shall render a written decision or make written findings on the application within 45 days. Each decision shall be accompanied by findings of fact, conclusions, and reasons.
§ 475-124 Appeal to court.
Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision, appeal to the Court of Common Pleas of Lycoming County, Pennsylvania, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law and specify the grounds on which he relies.
§ 475-125 Fees.
A.
At the time of making an appeal to the Zoning Hearing Board or the Borough Council, each appellant or applicant shall submit a deposit to the Borough in accordance with a fee schedule adopted by resolution of the Borough Council. The deposit is established to reimburse the Borough for all reasonable advertising, stenographic, engineering or planning services incurred by the Borough.
B.
Upon completion of the hearing, the appellant or applicant shall be billed for expenses in excess of the deposit and shall promptly pay such excess amount. Upon completion of the hearing, the appellant or applicant shall be reimbursed that amount of the deposit not expended.