Port Vue City Zoning Code
ARTICLE XII
Zoning Hearing Board
§ 310-38 Creation and membership.
[Amended 9-12-1989 by Ord. No. 401; 11-9-1993 by Ord. No. 446]
A Zoning Hearing Board is hereby established. The Board shall consist of three residents of the Borough to be appointed by the President of Council with the approval of Council. One member shall be designated to serve until the first day of January 1966; one until the first day of January 1967; and one until the first day of January 1968. Their successors shall be appointed at the expiration of their respective terms to serve three years. An appointment shall similarly be made for the unexpired term of any member whose term becomes vacant. Members of the Board shall hold no other office in the Borough.
§ 310-39 Jurisdiction.
[Amended 9-12-1989 by Ord. No. 401; 11-9-1993 by Ord. No. 446]
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
B.
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Borough and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
C.
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease-and-desist order or the registration or refusal to register any nonconforming use, structure or lot.
D.
Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of the zoning ordinance and flood hazard ordinance or such provisions within a land use ordinance.
F.
Applications for special exceptions under the zoning ordinance or floodplain or flood hazard ordinance or such provisions within a land use ordinance.
G.
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the zoning ordinance.
H.
Appeals from the Zoning Officer's determination relative to preliminary opinions as to a proposed plan's compliance with the applicable ordinances and maps.
I.
Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving planned residential developments and subdivision and land development matters.
§ 310-40 Powers.
[Amended 9-12-1989 by Ord. No. 401; 11-9-1993 by Ord. No. 446]
The Board shall have all the powers and duties prescribed by the Pennsylvania Municipalities Planning Code, as amended,[1] and those prescribed by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board which is conferred by the aforesaid Planning Code; however, the powers of the Board shall be narrowly interpreted and strictly construed so that the spirit of this chapter is not violated.
A.
Review and interpretation. Upon appeal from a decision of the Zoning Officer in accordance with the provisions of this chapter and the rules of procedure of the Board, the Board shall:
(1)
Review any official action of the Zoning Officer relating to the enforcement of this chapter, and may reverse or affirm wholly or partly, or may modify, any order, requirement, decision, or determination appealed from as in its opinion ought to be made in the premises, in accordance with the purpose and intent of this chapter;
(2)
With the advice of the Borough Solicitor, interpret the provisions of this chapter where there is doubt as to its meaning or application; and
(3)
After requesting a recommendation from the Planning Commission in each instance, interpret the application of this chapter, where the actual street layout varies from the street layout shown on the Zoning District Map in such a way as to carry out the intent and purpose of the Map.
B.
Variances.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(a)
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.
(b)
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.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
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.
(e)
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.
C.
Special exception. Where the governing body, in the Zoning Ordinance, has stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the 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 of this act and the Zoning Ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 310-41 Procedure; rules.
[Amended 9-17-1974 by Ord. No. 296; 11-9-1993 by Ord. No. 446]
The Board shall adopt rules of procedure which shall incorporate the following provisions specifically enumerated. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel attendance of witnesses. Meetings of the Board which shall be open to the public at large, shall be regularly scheduled with intervals not less than three months. Minutes of the Board's proceedings shall be kept by the Secretary and shall show the vote of each member upon each question; or a member's absence or failure to vote. Records shall be kept of examinations and other official actions — all of which shall be filed in the office of the Board as a public record.
A.
Appeals. Appeals from the decision of the Zoning Officer shall be made within 30 days to the Board by any aggrieved person or the head of any department of the Borough interested in the question involved. The appellant shall file with the Zoning Officer and with the Board a notice of appeal, specifying the grounds thereof. The Zoning Officer shall, forthwith, transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B.
Applications. Application for the authorization of any special exception shall be filed with the Board on forms provided therefor. The applicant shall submit copies of the plans and specifications as prescribed for the application for any occupancy permit and other data or material stating the methods by which he will comply for the proposed special exception.
C.
Public hearings. No appeal for review of an action of the Zoning Officer or for a variance from the strict application of the requirements of this chapter and no application for a special exception shall be adjudicated by the Board unless and until a public hearing thereof has been held. Notice of the time and place of the public hearing shall also state the location and general nature of the question involved and shall be given by the following methods:
(1)
Public notice, which is notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
(2)
Written notice to the applicant, Zoning Officer and to any person who made a timely request for such hearing.
(3)
Written notice posted on the property affected by the hearing. This notice must be posted conspicuously at least one week before the hearing.
D.
Fees. A fee in the amount of $150 shall be paid upon the filing of each application before the Board for the purpose of defraying the costs of the proceedings prescribed hereinabove. No fee, however, shall be required for the filing of any application by a governmental agency.
E.
Every decision of the Board shall be based on stated findings of fact and every finding of fact shall be supported in the record of the hearing. The enumerated conditions required to exist for the authorization of a variance shall be construed as limitations on the power of the Board to act. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific fact shall not be deemed findings of fact and shall not be deemed in compliance with this chapter.