New Bethlehem City Zoning Code

In accordance with Article IX of the Pennsylvania Planning Code, a Zoning Hearing Board consisting of three members shall be appointed and organized, which Board shall adopt rules to govern its procedure. The Board shall hold meetings, keep minutes, and, pursuant to notice, conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions in writing within 30 days after hearing or continued hearing, all as required by law. For the filing of an appeal or proceeding with the Board, a fee shall be charged in accordance with a schedule fixed by the Borough Council.

Except as provided in Section 910.2 of the Pennsylvania Municipalities Planning Code, the Board shall have no power to pass upon the validity of any provision of an ordinance or map adopted by the Borough.

Any person or Borough official aggrieved or affected by any provision of this chapter or by any decision of the Zoning Officer may appeal to the Zoning Hearing Board within a reasonable time, as provided by rules of the Board, by filing a notice of appeal specifying the grounds thereof. The Board shall have the power to hear and decide appeals from any order, requirement, decision, grant or refusal made by the Zoning Officer in the administration of this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board.

Every appeal or application shall refer to the specific provision of the ordinance involved, and shall set forth exactly the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that variance should be granted, as the case may be. At least 10 days before the date of the hearing on an application or appeal, the Board shall transmit to the Borough Planning Commission a copy of the application or appeal in order that the Planning Commission may have an opportunity of submitting a report or opinion to the Board.

The hearing shall be conducted in accordance with Section 908 of the Pennsylvania Planning Code. The Zoning Hearing Board may appoint any member as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Zoning Hearing Board and accept the decision of the hearing officer as final.

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.

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.

That such unnecessary hardship has not been created by the appellant.

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

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.

The Zoning Hearing Board shall have the power to decide applications for special exceptions as specified in this chapter, in harmony with its general purpose and intent and in accordance with the standards set forth. The Board shall approve a special exception only if it meets the following standards and criteria:

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the health, safety and general welfare of the Borough.

A nonconforming use which occupies a portion of a structure or premises may be extended within such structure or premises as they existed when the prohibitory provision took effect, but not in violation of the area and yard requirements of the districts in which such structure or premises are located.

The Board may impose such conditions as it deems necessary for the protection of adjacent property and the public interest.