Oakmont City Zoning Code
ARTICLE XVII
General Application and Review Process
§ 205-1701 Schedule of fees.
A.
The Council shall by resolution establish a schedule of fees and shall post said schedule 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 Council and/or Zoning Hearing Board take action unless or until preliminary charges and fees have been paid in full.
C.
A zoning certificate 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 Borough of Oakmont Code relating to building codes/construction.
§ 205-1702 Requests for reasonable accommodation.
A.
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act or the Americans with Disabilities Act shall submit an application for a special exception to the Zoning Hearing Board. The Zoning Hearing Board shall require the information outlined in § 205-1703, Special exception procedures of approval, to process the application.
B.
The Zoning Hearing Board may hold any meeting(s) and/or hearing(s) 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.
D.
The Zoning Hearing Board shall issue its written decision to the applicant and the Council within 30 days of filing of the request for accommodation or at the next regularly scheduled Zoning Hearing Board meeting, whichever is the later of the two.
E.
A request for reasonable accommodation should be directed to the Zoning Hearing Board. In considering a request for reasonable accommodation, the Zoning Hearing Board shall, with the advice of the appointed legal counsel, 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 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 an opportunity 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 landowners in the immediate vicinity.
(6)
The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by the Borough Comprehensive Plan, and the community development objectives set forth in the Zoning Ordinance.
(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 they are no longer needed to provide handicapped or disabled persons equal opportunity to use and enjoy the dwelling in question.
(12)
The extent to which the requested accommodation will increase the value of the lot during and after its occupancy by the applicant.
§ 205-1703 Special exception procedures of approval.
B.
Requests for reasonable accommodation. The applicant shall provide the following:
(1)
Specific citation of the Zoning Ordinance provision from which reasonable accommodation is requested.
(2)
The specific description of the reasonable accommodation sought and the particulars, including exact admonitions of any proposed structural or location-based accommodation.
(3)
The condition of the applicant for which reasonable accommodation is sought.
(4)
A description of the hardship that the applicant will incur absent provision of the reasonable accommodation requested.
(5)
A description of any alternative methods of relieving the claimed hardship that have been considered and the reason why the applicant has rejected such alternatives.
(6)
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.
(7)
A description of the manner in which the accommodation, if granted, will be terminated or removed if said accommodation is no long applicable.
(8)
A statement of any facts indicating whether or not nonhandicapped or nondisabled persons would be permitted to utilize the lot(s) in question in a manner similar sought by the applicant.
C.
A written application for special exception shall be submitted in accordance with the application requirements and associated application process defined by the Borough.
D.
Conditions and safeguards.
(1)
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.
E.
Expiration of approval of use by special exception.
(1)
Approval of a use by special exception shall expire automatically without written notice to the applicant if an 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 not submitted within 12 months of said approval.
F.
The Zoning Hearing Board, in their sole discretion, may grant an extension of the special exception upon receipt of a written request by the applicant prior to the expiration date of approval. Only a one-time twelve-month extension may be granted.
G.
Expiration of approval of use by special exception granted prior to 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 an 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 not received within 12 months of the effective date of this chapter or as specified in the approval.
§ 205-1704 Conditional uses procedure for approval.
A.
The 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 § 913.2.[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. § 10913.2.
B.
A written application for conditional use shall be submitted in accordance with the application requirements and associated application process defined by the Borough.
(1)
Where the 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 Planning Code,[2] 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 Council to meet or render a decision as hereinabove provided, the 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 act. If the Council shall fail to provide such notice, the applicant may do so.
[2]
Editor's Note: See 53 P.S. § 10908(1.2).
(2)
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.
(3)
In granting a conditional use, the Council may attach such reasonable conditions and safeguards in addition to those expressed in this chapter, as necessary to implement the purposes of the MPC and this chapter.
(4)
Council shall review a conditional use application and may approve, deny or attach additional conditions, in order to protect the public's health, safety and welfare. In making its decision, Council shall consider the Planning Commission's recommendation, all information and the application submitted by the applicant and any relevant Borough ordinances.
C.
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. The Council may extend conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
D.
Expiration of conditional use approval granted prior to 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. The Council may extend conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 205-1705 Variances.
A.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(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 or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.
(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 the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
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.
B.
A variance from the terms of this chapter shall not be granted by the Zoning Hearing Board unless and until:
(1)
A written application for the variance is submitted.
(2)
The required fees are paid.
(3)
Public notice by advertising shall be given at least two weeks in advance of the hearing. The owner of the property for which the variance is sought or his agent shall be notified by mail.
(4)
The hearing shall be held. Any party may appear in person, or by agent or by attorney.
(5)
The Zoning Hearing Board shall make findings that the requirements of this section have been met by the applicant for the variance.
(6)
The Zoning Hearing Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
(7)
Zoning Hearing Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
C.
In granting any variance, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and such safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and subject to Article XX, Enforcement remedies.
D.
Under no circumstances shall the Zoning Hearing Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.