Prospect Park City Zoning Code
ARTICLE XV
Zoning Hearing Board
§ 70-86 Administration and procedures.
§ 70-87 Establishment and membership.
[Amended 4-8-1997 by Ord. No. 1186, approved 4-8-1997]
A.
There shall be a Zoning Hearing Board consisting of five residents of the Borough who shall be appointed by the Borough Council. The members of the existing Zoning Hearing Board shall continue in office until their terms of office would expire under the prior law. Thereafter the term of office of each member of the five-member Board shall be five years and shall be so fixed that the term of office of one member of the five-member Board shall expire each year. The Borough Council may reappoint members at the expiration of their terms. Members of the Board shall hold no other office in the Borough, except that one member of the Board may also be a member of the Planning Commission. Any member of the Board 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 Board member has received 15 days' advance written notice of the intent to take such a vote, and a hearing shall be held in connection with such vote if the member shall so request, in writing.
B.
The Borough Council may appoint by resolution one resident of the Borough of Prospect Park to serve as an alternate member of the Board, whose term shall be five years. If by reason of absence or disqualification of any member of the Board, the Chairman shall designate the alternate to act as voting alternate to serve for the duration of the proceedings for which the alternate was appointed to serve as voting alternate. When seated as voting alternate, the alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members. An alternate shall hold no other office in the Borough of Prospect Park, including but not limited to a member of the Planning Commission or Zoning Officer. The alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member of the Board.
§ 70-88 Organization and procedure.
The Board shall elect from its own membership its officers, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be required, consisting of not less than a majority of all the members of the Board; but where any member is absent or disqualified to act in a particular matter, the alternate shall serve as voting alternate of the Board. The Board may make, alter and rescind rules and forms for its procedure consistent with this chapter and the laws of the Commonwealth of Pennsylvania. The Board shall keep full public records of its business and shall submit a report of its activities to the Borough Council once each year. The Board may employ or contract for secretaries, clerks, attorneys, consultants and other technical and clerical services. However, the Solicitor for the Zoning Hearing Board shall be a different individual than the Solicitor for the Borough Council. Members of the Board may receive compensation for the performance of their duties as may be fixed by the Borough Council; but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.
§ 70-89 Hearings and decisions.
The Board shall conduct hearings and make decisions in the following manner:
A.
All hearings shall be published and shall be held within 60 days of the filing of the application and payment of the application fee unless waived, in writing, by the applicant.
B.
Notice of hearing.
(1)
Notice of hearing shall be given to the public and to the persons hereafter designated in the following manner:
(a)
To the public, by publishing notice of the time, place and purpose of the hearing once a week for two successive weeks; the first public publication shall be not more than 30 days prior to the hearing date and the second publication not less than seven days prior to the hearing date in a newspaper of general circulation in the Borough.
(b)
To the applicant, the Zoning Officer, the Borough Secretary, each member of the Planning Commission, each member of the Borough Council, to all parties in interest or their counsel, if such counsel shall have filed an appearance with the Board and to any person who has made timely request by providing a stamped self-addressed envelope to the Secretary, by mailing notice of the time, place and purpose of the hearing at least 10 days in advance of the date fixed for the hearing.
(c)
By conspicuously posting written notice of the time, place and purpose of the hearing on the effective tract of land at least one week prior to the hearing.
(2)
Notice of hearings, both published and written, shall state, in addition to the time, place and purpose of the hearing, the location of the lot, tract or structure involved and the nature and extent of the relief sought and the general nature of the question involved. Notice of said hearing shall be conspicuously posted on the affected tract of land.
C.
Hearings shall be conducted by the Board and the Chairman or, in his absence, the Acting Chairman, who shall administer oaths and may issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
D.
The parties to the hearing shall be the Borough, any person affected by the application who has made a timely appearance or record before the Board and any other person, including civic or community organizations, permitted to appear by the Board.
E.
The parties have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and cross-examine adverse witnesses; and the Board shall keep a stenographic record of the proceedings and a copy of graphic or written material received in evidence shall be made available to any party at cost.
F.
The Board shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved, except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda or other materials unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or his respective counsel unless all parties are given an opportunity to be present.
G.
The Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board unless waived by the applicant according to law. Each decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor. Conclusions based on any provision of the Municipalities Planning Code[1] or any Borough ordinance, rule or regulation 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. Where the Board fails to render a decision within the period required or hold a hearing within 60 days of the filing of the application, the decision shall be deemed to have rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision. If the Board shall fail to provide notice, the applicant may do so. Any party opposing the application may appeal the deemed decision to the Court of Common Pleas of Delaware County.
I.
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their names and addresses with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place where the full decisions or findings may be examined.
J.
Notice of all hearings by the Zoning Hearing Board shall be given to the Borough Planning Commission and the Borough Council.
§ 70-90 Functions of Board.
The Board shall have and perform the following functions:
A.
Appeals from the Zoning Officer. The Board shall hear and decide appeals where it is alleged by the applicant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of any ordinance or map or any rule or regulation governing the action of the Zoning Officer.
B.
Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that the following findings are made where relevant in a given case:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness 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)
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.
(3)
That such unnecessary hardship has not been created by the applicant.
(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 of 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 or ordinance in issue; and, 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.
C.
Special exceptions. The Board shall hear and decide special exceptions in accordance with the standards set forth below; and, in granting special exceptions, 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 chapter. Whenever the Board hears a special exception for uses specified in this chapter, the following general standards shall be considered in addition to those set forth in Article XIV, Administration, § 71-85:
(1)
If the use(s) is in accordance with the Borough Comprehensive Plan and consistent with the spirit, purposes and intent of this chapter.
(2)
If the use(s) is in the best interest of the Borough, the convenience of the community, the public welfare and is an improvement to the property in the immediate vicinity.
(3)
If the use(s) is suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with the existing or intended character of the general vicinity.
(4)
If the use(s) is suitable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, public sewer, police and fire protection, public schools and the like.
(5)
If the use(s) is suitable in terms of effects on street traffic and safety with adequate pedestrian and vehicular access arrangements to protect streets from undue congestion and hazard. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will substantially secure the objectives of this chapter.
D.
Challenge to the validity of any ordinance or map. The Board shall hear challenges to the validity of a zoning ordinance or map, except those related to questions of an alleged defect in the process of enactment or adoption or those related to a request for a curative amendment. In those challenges which apply herein, the Board shall take evidence and make a record thereon, as provided in § 70-89 herein. At the conclusion of the hearing, the Board shall decide all contested questions and make findings on all relevant issues of fact which shall become part of the record on appeal to the Court.
E.
Unified appeals. The Board, having jurisdiction over zoning matters pursuant to Subsections A, B and D, shall also hear all appeals which an applicant may elect to bring before it with respect to any Borough ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon, as provided in § 70-89 herein. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
§ 70-91 Time limit after granting variance or special exception.
Any variance or special exception granted in accordance with this chapter is void if action in compliance therewith is not commenced within one year from the date of the opinion and decree granting the same.
§ 70-92 Rules and procedures for application to Zoning Hearing Board.
A.
All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board.
B.
Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed, the grounds for any challenges to the validity on this chapter, the use for which a special exception is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
C.
Applications and appeals, together with the required filing fee, as established by resolution of the Borough Council, shall be submitted to the Zoning Officer for referral to the Zoning Hearing Board.