Seven Fields, PA Zoning Ordinance

Formation; statutory authority. The Seven Fields Borough Planning Commission has been formed in accordance with Article II of the Pennsylvania Municipalities Planning Code,[2] Act 247, as amended, in recognition of the land use planning issues, concerns, problems and goals of the municipality.

[2]

Editor's Note: See 53 P.S. § 10201 et seq.

Membership.

The membership of the Planning Commission shall consist of five members.

The term of office shall be four years.

All members shall be residents of the municipality.

Officers. The Planning Commission shall elect, from its own membership, its officers, who shall serve annual terms and may succeed themselves.

Records to be kept; annual report. The Planning Commission shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to Borough Council once a year.

Removal of members.

Any member of a Planning Commission once qualified and appointed may be removed from office for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body that appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

Any appointment to fill a vacancy created by removal shall be only for the unexpired term.

Planning Commission members who miss two consecutive meetings without an excuse will be subject to removal from the Planning Commission.

Comprehensive plan. Pursuant to Article II of the Pennsylvania Municipalities Planning Code, Act 247, as amended, the Planning Commission shall prepare a Comprehensive Plan for submission to Borough Council.

The Planning Commission may, at the request of the governing body:

Make recommendations to the governing body concerning the adoption or amendment of an official map.

Prepare and present to the governing body of the Borough a zoning ordinance and make recommendations to the governing body on proposed amendments to it as set forth in Act 247, as amended.

Prepare, recommend and administer subdivision and land development and planned residential development regulations, as set forth in Act 247, as amended.

Do such other act or make such studies as may be necessary to fulfill the duties and obligations imposed by Act 247, as amended.

Promote public interest in and understanding of the Comprehensive Plan and planning process.

Hold public hearings and meetings.

Present testimony before any board.

Review the Zoning Ordinance, the Subdivision and Land Development Ordinance, the Official Map, provisions for planned residential development, and such other ordinances and regulations governing the development of land no less frequently than it reviews the Comprehensive Plan.

In the performance of its powers and duties, any act or recommendation of the Planning Commission which involves engineering consideration shall be subject to review and comments of the Municipal Engineer, which shall be incorporated and separately set forth in any report, written act or recommendation of the Planning Commission.

[1]

Editor's Note: See 53 P.S. § 10209.1.

Zoning Hearing Board.

[Amended 7-10-2017 by Ord. No. 90; 4-10-2023 by Ord. No. 86]

Zoning hearing board. Powers and duties of the Zoning Hearing Board are those outlined in Section 209.1 of the Pennsylvania Municipalities Planning Code, as amended.[3]

[3]

Editor's Note: See 53 P.S. § 10209.1.

Appointment and membership. The membership of the Zoning Hearing Board shall consist of three residents of the Borough appointed by resolution of the Borough Council. Their terms of office shall be four years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify Borough Council when vacancies occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Borough.

Alternate members. Borough Council may appoint by resolution one resident of the Borough to serve as an alternate member of the Zoning Hearing Board. The term of the office of an alternate member shall be two years. The alternate shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission or appointment as the Zoning Officer. Any alternate may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board unless designated by the Chairman as a voting member for that meeting due to the absence or disqualification of a member such that a quorum cannot otherwise be reached. Any alternate member appointed as a voting member shall be permitted to continue to serve in those matters or cases for which he/she was appointed until a final determination of the matter or case.

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 hearing shall be held in connection with the vote if the member shall request it in writing.

Officers. The Zoning Hearing Board shall elect, from its own membership, its officers, who shall serve annual terms and may succeed themselves.

Quorum. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Zoning Hearing Board.

Records to be kept; annual report. The Zoning Hearing Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to Borough Council once a year.

Variances. The Zoning Hearing Board, upon appeal, shall have the power to authorize variances from the requirements of this chapter where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the appellant. A variance may be granted if all of the following findings are made where relevant in a given case:

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;

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;

Such unnecessary hardship has not been created by the appellant;

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; and

The variance, if authorized, will represent the minimum variance necessary to afford relief and will represent the least modification possible of the regulation in issue.

In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and protect the public health, safety and welfare.

Conduct of hearings.

A public hearing shall be held on any appeal filed within 60 days of filing a complete application, unless the applicant has agreed, in writing, to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case in chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case in chief. An applicant may, upon request, be granted additional hearings to complete his case in chief, provided that the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Borough, be granted additional hearings to complete their opposition to the application, provided that the applicant is granted an equal number of additional hearings for rebuttal.

The public hearing shall be held pursuant to public notice, applicable law. In addition to the public notice, the Zoning Hearing Board shall give written notice to the applicant, the Zoning Officer, the Borough Manager, the Secretary of the Borough Planning Commission, the President of Borough Council and to any person who has made timely request for the same. Written notice of said public hearing shall also be conspicuously posted on the affected tract of land at least one week prior to the hearing.

The hearings shall be conducted by the Zoning Hearing Board. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person, including civic or community organizations, permitted to appear by the Board. The Zoning Hearing Board shall have the power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Board for that purpose.

The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.

The Zoning Hearing Board or hearing officer 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, except advice from its solicitor, 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 representative unless all parties are given an opportunity to be present.

Rendering decision.

The Zoning Hearing Board or hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days of the last hearing before the Board or hearing officer.

Where the application is contested or denied, 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 Pennsylvania Municipalities Planning Code[4] or any Borough ordinance shall contain a reference to the provision relied on and the reasons why the conclusions are deemed appropriate in light of the facts found.

[4]

Editor's Note: See 53 P.S. § 10101 et seq.

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 the date of the decision. To all other persons who have filed their name and address 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 at which the full decision or findings may be examined.

Time limitations.

No person shall file any proceeding before the Zoning Hearing Board later than 30 days after a preliminary or final application for development has been approved by an appropriate Borough officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.

The failure of anyone, other than the landowner, to appeal from an adverse decision by a Zoning Officer on a challenge to the validity of an ordinance or map filed pursuant to Section 916.2 of the Municipalities Planning Code[5] shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the plans and other materials submitted to the Zoning Officer for a preliminary opinion.

[5]

Editor's Note: See 53 P.S. § 10916.2.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

Failure to render decision. Except for substantive validity challenges where the Board fails to render the decision within the period required above or fails to commence, conduct or complete the required hearing as provided in § 340-68C(10)(a), 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 the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 340-68C(11)(a). If the Board shall fail to provide such notice, the applicant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

Jurisdiction of Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:

Substantive challenges to the validity of any land use ordinance, except landowner curative amendments brought before Borough Council, brought in accordance with the procedures specified in Section 916.1 of the Pennsylvania Municipalities Planning Code.[6]

[6]

Editor's Note: See 53 P.S. § 10916.1.

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.

Appeals from a determination by the Borough 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.

Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance.

Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as amended).

Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development or planned residential development applications.

Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.

Zoning Officer. Powers and duties of the Zoning Officer are those outlined in Section 614 of the Pennsylvania Municipalities Planning Code, as amended, and this chapter.[7]

Duties generally involve:

The day-to-day administrative procedures of this chapter.

Receiving, reviewing, and issuing of building and zoning permits and certificates of occupancy, maintaining records of applications and permits, performing inspections to determine compliance with this chapter.

Notify persons violating this chapter.

Keeping this chapter and Map up-to-date.

Accepting applications for and presenting facts at hearings before the Zoning Hearing Board.

Borough Council may amend the duties of the Zoning Officer as deemed necessary for the health, safety and welfare of the residents.

The Zoning Officer:

Must administer this chapter by its literal terms.

Does not have any discretionary power and can neither waive nor tighten any requirement of the ordinance.

Is required to meet qualifications established by the Borough and the Pennsylvania MPC and must be able to demonstrate a working knowledge of municipal zoning.

May also serve as the Building Inspector.

[7]

Editor's Note: See 53 P.S. § 10614.

Building Inspector.

The Building Inspector administers the issuance of building permits and occupancy permits. The Building Inspector conducts all inspections necessary to determine compliance and maintains records thereof.

The Building Inspector is responsible for collecting fees that accompany applications for building and occupancy permits.

The Building Inspector may also serve as the Zoning Officer.

§ 340-69 Site plan review procedures.

Requirements for site plans. Prior to the issuance of a building permit or certificate for occupancy, a site plan shall be submitted and approved for the following uses:

All new buildings or additions to existing buildings except single-family dwelling units.

All conditional uses.

Any change in use which will require additional parking spaces to comply with this chapter.

Any proposed change in existing parking lot configuration.

Any other situation, at the discretion of the Zoning Officer, where a site plan is required in order to administer this chapter.

Site plan specifications. All site plans shall be drawn on a plan prepared to the following specifications:

The plan shall be drawn to scale and be sealed by a registered surveyor, engineer or landscape architect.

The scale shall not be smaller than one inch equals 50 feet. A smaller scale may be acceptable in certain circumstances if the required data can be clearly shown.

All submittal packages shall include 10 blue line prints.

Where it is not possible to display the entire site at the required scale on a single drawing sheet, multiple drawings shall be submitted, with match lines appropriately marked on each sheet.

Site plan contents. All site plans shall contain the following information, if applicable:

North arrow, title, original date prepared and revision dates.

Names of abutting property owners.

Location map.

Property dimensions and directional bearings.

Center line and edges of abutting streets.

House number and route number if assigned.

Location of all buildings.

Use of all building areas in gross floor area.

Vehicular and pedestrian traffic features, including parking.

Landscaping, fencing, walls and open space features.

Existing watercourse, floodplain information and proposed changes.

Existing grades and proposed changes at two-foot contours.

Location and effect of outdoor lighting.

Outdoor garbage facilities.

(15)

Location of all existing utilities and easements.

(16)

Proposed changes or additions to existing utilities.

(17)

Proposed stormwater drainage facilities.

(18)

Location of nearest fire hydrant.

(19)

Table specifying proposed and required lot area, lot width, height, yard areas, impervious surface area, building size and parking requirements.

(20)

Preliminary architectural drawings showing front elevation and indicating exterior facing materials.

Site plan review process:

Site plans must be submitted two weeks prior to the next scheduled Planning Commission meeting for review at the next scheduled Planning Commission meeting. A minimum of 10 complete copies shall be submitted.

Conditional uses and planned residential development plans. All site plans for conditional uses and planned residential developments shall be reviewed and acted upon in accordance with the procedures set forth in Article X and Article XIII of this chapter.

Other site plans proposing minor use changes. Only those site plans proposing building additions under 5,000 gross square feet of additional floor area and/or changes in parking lot configuration shall be reviewed and acted upon by the Zoning Officer within 30 days of a complete submission. The Zoning Officer shall either approve, conditionally approve or deny the site plan. Any denial shall state the reasons for denial and reference the sections of this chapter which are in violation. Following approval of a site plan, the applicant may apply for other required permits, including, but not limited to, building permits, grading permits and sign permits.

Other site plans proposing major use changes. All site plans proposing any new buildings or building additions over 5,000 gross square feet of additional floor area shall be reviewed and acted upon by the Borough Council within 65 days from the date of the Borough Council meeting when the site plan is first reviewed. The Borough Council shall either approve, conditionally approve or deny the site plan. Any denial shall state the reasons for denial and reference the sections of this chapter which are in violation. Following approval of a site plan, the applicant may apply for other required permits, including, but not limited to, building permits, grading permits and sign permits.

Action required on approved site plans. Prior to issuance of a building permit, the applicant of an approved site plan shall enter into a development agreement with the Borough to guarantee the completion of site improvements. The agreement shall require the posting of security in such amounts as prescribed by the Municipalities Planning Code, as amended. The agreement shall include any and all on-site and off-site improvements for which the applicant is responsible.

§ 340-70 Building permits.

No building or structure shall be erected, added to or structurally altered until a building permit has been issued by the Borough. No building permit shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter. Any building permit issued in conflict with the provisions of this chapter shall be null and void.

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Borough, including existing or proposed uses of the building and land; the number of households, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.

A building permit for any building or use may be revoked and withdrawn by the Borough if the holder of the building permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit, and the holder of the building permit may be subject to penalties as defined by the Borough.

The Borough shall act upon an application for a building permit no later than 30 days after receiving the application. Failing to act within this time, the applicant may request the Borough Council to issue the building permit.

One copy of the plans shall be returned to the applicant after the Borough has marked such copy either as approved or disapproved and attested to same by signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Borough.

If the work described in any building permit has not begun within 90 days from the date of issuance thereof, or 90 days after the effective date of this chapter, said permit shall expire; it shall be canceled by the Borough, and written notice thereof shall be given to the persons affected.

If the work described in any building has not been substantially completed within two years of the date of issuance thereof, said permit and any other zoning relief shall expire and be canceled by the Borough, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permits shall not proceed unless and until a new building permit and any other zoning relief have been obtained. Applicant shall have 10 days to apply for renewal of zoning relief and issuance of new building permit. Failure to do so is violation of this chapter subject to Borough enforcement remedies.

All buildings for which permits have been obtained and the construction of which has begun, or for which a contract or contracts have been let pursuant to a permit issued prior to the date of adoption of this chapter, may be completed and used in accordance with the plans on which said permit was granted; and provided, further, that all permits issued prior to the approval of this chapter for buildings or uses which do not conform to the provisions of this chapter are hereby declared void if at the time of the approval of this chapter no construction of such building shall have been made or no contracts have been let pursuant to such a permit.

All public and private construction, demolition and grading work and related activities performed pursuant to a building permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, and no such work shall be performed at any time on Sundays, unless the permittee obtains written consent from the Borough to do the work at an earlier or later hour or on a Sunday. Such permission shall be granted in the case of an emergency, special work issue or in the event that work authorized by the permit is to be performed in a traffic congested area.

In connection with the granting of any permit, the Borough may, in its discretion, attach conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance, including, but not limited to, the following:

Limitations on the period of the year in which the work may be performed.

Restrictions as to the size, weight and type of equipment.

Designation of routes upon which materials may be transported.

Designation of the place, manner and routes of disposal of excavated material.

Requirements for the storage of equipment and materials.

Requirements as to the control of dust, the cleaning of streets, the prevention of noise and all other conduct injurious to the neighborhood, the general public or any portion thereof.

Regulations as to the use of streets in the course of the work in the Borough.

Regulations as to the use of a mechanical device for the breaking of pavement, such as a hydra-hammer or headache ball, which will be permitted only with special written permission from the Borough.

Requirements that the building permitted area be completely fenced in, with a designated point of ingress and egress, and with such fencing to be of sufficient height and transparency so as to protect public health, welfare and safety.

§ 340-71 Certificates for occupancy.

Requirement for a certificate for occupancy:

A certificate for occupancy shall be required before any person may do any of the following:

Occupy or use any vacant land.

Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged.

Change the use of a structure or land to a different use.

Change a nonconforming use.

Open a new business where there has been a change in tenants or ownership.

The certificate for occupancy is intended for the purposes of verifying that the associated structures, improvements and/or uses have been completed in accordance with the approved plan(s) and that all applicable rules, regulations and codes have been complied with, thereby making the structures, improvements and/or uses acceptable for occupancy.

The certificate for occupancy shall not be construed as an occupancy permit, which is required under another ordinance for residences or businesses within the Borough and is issued by the Borough Secretary.

A certificate for occupancy shall be issued only after the required fee is paid and all provisions of this chapter and other applicable regulations are met. If upon inspection the Zoning Officer finds the premises to have been developed in violation of any of the conditions of the building permit, he shall order the violations corrected to conform to the building permit and shall not issue a certificate for occupancy until satisfied that the corrections have been made.

Temporary certificates for occupancy. The Zoning Officer may issue a temporary certificate for occupancy for use of a building which required a site plan for approval even though the required improvements have not been totally completed. This temporary certificate for occupancy shall be issued only when all of the following circumstances are met:

The Zoning Officer determines that extenuating circumstances have kept the site improvements from being completed.

The building or addition is in compliance with all applicable building and fire codes.

There are no conditions on the site which are a hazard in light of the use permitted by the temporary certificate for occupancy.

The development agreement is amended to extend the time period as necessary to complete the required improvements, as determined by the Zoning Officer.

Any security required for said required improvements is extended to cover the period of the amended development agreement.

Time limit of temporary certificate for occupancy. No temporary certificate for occupancy shall be issued for a period of more than one year. No such certificate shall be extended for any reason. A temporary certificate for occupancy may be revoked by the Zoning Officer upon the violation of any of the conditions set forth above.

§ 340-72 Fees.

[Amended 4-10-2023 by Ord. No. 86]

All fees required in this chapter shall be established by resolution of the Borough Council. No action shall be taken on any type of application or approval that requires payment of a fee until said fee is paid in full. The Zoning Officer shall maintain, for public inspection, a schedule of any and all fees established pursuant to this chapter.

§ 340-73 Request for reasonable accommodation.

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 information outlined as part of the application to process the request.

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.

The Zoning Hearing Board's decision shall be in writing.

The Zoning Hearing Board shall issue its written decision to the applicant and the Borough 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.

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 counsel of the Borough Solicitor and/or Zoning Hearing Board Solicitor, apply the following criteria.

Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act.

The degree to which the accommodation sought is related to the handicap or disability of the applicant.

A description of hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.

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.

The extent to which the proposed accommodation may impact other landowners in the immediate vicinity.

The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by the Borough, and the community development objectives set forth in this chapter.

The extent to which the requested accommodation would impose financial and administrative burdens upon the Borough.

The extent to which the requested accommodation would impose an undue hardship upon the Borough.

The extent to which the accommodation would require a fundamental alteration in the nature of the Borough's regulatory policies, objectives and regulations.

The extent to which the requested accommodation would result in a subsidy, privilege or benefit not available to nonhandicapped or nondisabled persons.

The permanency of the requested accommodations and the conditions under which such accommodations 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.

The extent to which the requested accommodations will increase the value of the lot during and after its occupancy by applicant.

Seven Fields City Zoning Code

ARTICLE X

Administration

§ 340-68 Administration.

Borough Council. Powers and duties of Borough Council are those outlined in the Pennsylvania Municipalities Planning Code (MPC), as amended, and the Borough Code.

Borough Planning Commission. Powers and duties of the Borough Planning Commission are those outlined in Section 209.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]

[Amended 4-10-2023 by Ord. No. 86]

[2]

Editor's Note: See 53 P.S. § 10201 et seq.

Membership.

The membership of the Planning Commission shall consist of five members.

The term of office shall be four years.

All members shall be residents of the municipality.

Officers. The Planning Commission shall elect, from its own membership, its officers, who shall serve annual terms and may succeed themselves.

Removal of members.

Any appointment to fill a vacancy created by removal shall be only for the unexpired term.

Planning Commission members who miss two consecutive meetings without an excuse will be subject to removal from the Planning Commission.

The Planning Commission may, at the request of the governing body:

Make recommendations to the governing body concerning the adoption or amendment of an official map.

Prepare and present to the governing body of the Borough a zoning ordinance and make recommendations to the governing body on proposed amendments to it as set forth in Act 247, as amended.

Prepare, recommend and administer subdivision and land development and planned residential development regulations, as set forth in Act 247, as amended.

Do such other act or make such studies as may be necessary to fulfill the duties and obligations imposed by Act 247, as amended.

Promote public interest in and understanding of the Comprehensive Plan and planning process.

Hold public hearings and meetings.

Present testimony before any board.

[1]

Editor's Note: See 53 P.S. § 10209.1.

Zoning Hearing Board.

[Amended 7-10-2017 by Ord. No. 90; 4-10-2023 by Ord. No. 86]

Zoning hearing board. Powers and duties of the Zoning Hearing Board are those outlined in Section 209.1 of the Pennsylvania Municipalities Planning Code, as amended.[3]

[3]

Editor's Note: See 53 P.S. § 10209.1.

Officers. The Zoning Hearing Board shall elect, from its own membership, its officers, who shall serve annual terms and may succeed themselves.

Quorum. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Zoning Hearing Board.

Such unnecessary hardship has not been created by the appellant;

The variance, if authorized, will represent the minimum variance necessary to afford relief and will represent the least modification possible of the regulation in issue.

Conduct of hearings.

The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.

Rendering decision.

Editor's Note: See 53 P.S. § 10101 et seq.

Time limitations.

Editor's Note: See 53 P.S. § 10916.2.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

Jurisdiction of Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:

[6]

Editor's Note: See 53 P.S. § 10916.1.

Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance.

Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as amended).

Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.

Zoning Officer. Powers and duties of the Zoning Officer are those outlined in Section 614 of the Pennsylvania Municipalities Planning Code, as amended, and this chapter.[7]

Duties generally involve:

The day-to-day administrative procedures of this chapter.

Notify persons violating this chapter.

Keeping this chapter and Map up-to-date.

Accepting applications for and presenting facts at hearings before the Zoning Hearing Board.

Borough Council may amend the duties of the Zoning Officer as deemed necessary for the health, safety and welfare of the residents.

The Zoning Officer:

Must administer this chapter by its literal terms.

Does not have any discretionary power and can neither waive nor tighten any requirement of the ordinance.

Is required to meet qualifications established by the Borough and the Pennsylvania MPC and must be able to demonstrate a working knowledge of municipal zoning.

May also serve as the Building Inspector.

[7]

Editor's Note: See 53 P.S. § 10614.

Building Inspector.

The Building Inspector is responsible for collecting fees that accompany applications for building and occupancy permits.

The Building Inspector may also serve as the Zoning Officer.

§ 340-69 Site plan review procedures.

Requirements for site plans. Prior to the issuance of a building permit or certificate for occupancy, a site plan shall be submitted and approved for the following uses:

All new buildings or additions to existing buildings except single-family dwelling units.

All conditional uses.

Any change in use which will require additional parking spaces to comply with this chapter.

Any proposed change in existing parking lot configuration.

Any other situation, at the discretion of the Zoning Officer, where a site plan is required in order to administer this chapter.

Site plan specifications. All site plans shall be drawn on a plan prepared to the following specifications:

The plan shall be drawn to scale and be sealed by a registered surveyor, engineer or landscape architect.

The scale shall not be smaller than one inch equals 50 feet. A smaller scale may be acceptable in certain circumstances if the required data can be clearly shown.

All submittal packages shall include 10 blue line prints.

Where it is not possible to display the entire site at the required scale on a single drawing sheet, multiple drawings shall be submitted, with match lines appropriately marked on each sheet.

Site plan contents. All site plans shall contain the following information, if applicable:

North arrow, title, original date prepared and revision dates.

Names of abutting property owners.

Location map.

Property dimensions and directional bearings.

Center line and edges of abutting streets.

House number and route number if assigned.

Location of all buildings.

Use of all building areas in gross floor area.

Vehicular and pedestrian traffic features, including parking.

Landscaping, fencing, walls and open space features.

Existing watercourse, floodplain information and proposed changes.

Existing grades and proposed changes at two-foot contours.

Location and effect of outdoor lighting.

Outdoor garbage facilities.

(15)

Location of all existing utilities and easements.

(16)

Proposed changes or additions to existing utilities.

(17)

Proposed stormwater drainage facilities.

(18)

Location of nearest fire hydrant.

(19)

Table specifying proposed and required lot area, lot width, height, yard areas, impervious surface area, building size and parking requirements.

(20)

Preliminary architectural drawings showing front elevation and indicating exterior facing materials.

Site plan review process:

§ 340-70 Building permits.

Limitations on the period of the year in which the work may be performed.

Restrictions as to the size, weight and type of equipment.

Designation of routes upon which materials may be transported.

Designation of the place, manner and routes of disposal of excavated material.

Requirements for the storage of equipment and materials.

Requirements as to the control of dust, the cleaning of streets, the prevention of noise and all other conduct injurious to the neighborhood, the general public or any portion thereof.

Regulations as to the use of streets in the course of the work in the Borough.

Regulations as to the use of a mechanical device for the breaking of pavement, such as a hydra-hammer or headache ball, which will be permitted only with special written permission from the Borough.

§ 340-71 Certificates for occupancy.

Requirement for a certificate for occupancy:

A certificate for occupancy shall be required before any person may do any of the following:

Occupy or use any vacant land.

Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged.

Change the use of a structure or land to a different use.

Change a nonconforming use.

Open a new business where there has been a change in tenants or ownership.

The Zoning Officer determines that extenuating circumstances have kept the site improvements from being completed.

The building or addition is in compliance with all applicable building and fire codes.

There are no conditions on the site which are a hazard in light of the use permitted by the temporary certificate for occupancy.

The development agreement is amended to extend the time period as necessary to complete the required improvements, as determined by the Zoning Officer.

Any security required for said required improvements is extended to cover the period of the amended development agreement.

§ 340-72 Fees.

[Amended 4-10-2023 by Ord. No. 86]

§ 340-73 Request for reasonable accommodation.

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.

The Zoning Hearing Board's decision shall be in writing.

Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act.

The degree to which the accommodation sought is related to the handicap or disability of the applicant.

A description of hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.

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.

The extent to which the proposed accommodation may impact other landowners in the immediate vicinity.

The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by the Borough, and the community development objectives set forth in this chapter.

The extent to which the requested accommodation would impose financial and administrative burdens upon the Borough.

The extent to which the requested accommodation would impose an undue hardship upon the Borough.

The extent to which the accommodation would require a fundamental alteration in the nature of the Borough's regulatory policies, objectives and regulations.

The extent to which the requested accommodation would result in a subsidy, privilege or benefit not available to nonhandicapped or nondisabled persons.

The extent to which the requested accommodations will increase the value of the lot during and after its occupancy by applicant.

Seven Fields City Zoning Code

ARTICLE X

Administration

§ 340-68 Administration.

Borough Council. Powers and duties of Borough Council are those outlined in the Pennsylvania Municipalities Planning Code (MPC), as amended, and the Borough Code.

Borough Planning Commission. Powers and duties of the Borough Planning Commission are those outlined in Section 209.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]

[Amended 4-10-2023 by Ord. No. 86]

[2]

Editor's Note: See 53 P.S. § 10201 et seq.

Membership.

The membership of the Planning Commission shall consist of five members.

The term of office shall be four years.

All members shall be residents of the municipality.

Officers. The Planning Commission shall elect, from its own membership, its officers, who shall serve annual terms and may succeed themselves.

Removal of members.

Any appointment to fill a vacancy created by removal shall be only for the unexpired term.

Planning Commission members who miss two consecutive meetings without an excuse will be subject to removal from the Planning Commission.

The Planning Commission may, at the request of the governing body:

Make recommendations to the governing body concerning the adoption or amendment of an official map.

Prepare and present to the governing body of the Borough a zoning ordinance and make recommendations to the governing body on proposed amendments to it as set forth in Act 247, as amended.

Prepare, recommend and administer subdivision and land development and planned residential development regulations, as set forth in Act 247, as amended.

Do such other act or make such studies as may be necessary to fulfill the duties and obligations imposed by Act 247, as amended.

Promote public interest in and understanding of the Comprehensive Plan and planning process.

Hold public hearings and meetings.

Present testimony before any board.

[1]

Editor's Note: See 53 P.S. § 10209.1.

Zoning Hearing Board.

[Amended 7-10-2017 by Ord. No. 90; 4-10-2023 by Ord. No. 86]

Zoning hearing board. Powers and duties of the Zoning Hearing Board are those outlined in Section 209.1 of the Pennsylvania Municipalities Planning Code, as amended.[3]

[3]

Editor's Note: See 53 P.S. § 10209.1.

Officers. The Zoning Hearing Board shall elect, from its own membership, its officers, who shall serve annual terms and may succeed themselves.

Quorum. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Zoning Hearing Board.

Such unnecessary hardship has not been created by the appellant;

The variance, if authorized, will represent the minimum variance necessary to afford relief and will represent the least modification possible of the regulation in issue.

Conduct of hearings.

The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings.

Rendering decision.

Editor's Note: See 53 P.S. § 10101 et seq.

Time limitations.

Editor's Note: See 53 P.S. § 10916.2.

All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued.

Jurisdiction of Board. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:

[6]

Editor's Note: See 53 P.S. § 10916.1.

Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance.

Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as amended).

Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.

Zoning Officer. Powers and duties of the Zoning Officer are those outlined in Section 614 of the Pennsylvania Municipalities Planning Code, as amended, and this chapter.[7]

Duties generally involve:

The day-to-day administrative procedures of this chapter.

Notify persons violating this chapter.

Keeping this chapter and Map up-to-date.

Accepting applications for and presenting facts at hearings before the Zoning Hearing Board.

Borough Council may amend the duties of the Zoning Officer as deemed necessary for the health, safety and welfare of the residents.

The Zoning Officer:

Must administer this chapter by its literal terms.

Does not have any discretionary power and can neither waive nor tighten any requirement of the ordinance.

Is required to meet qualifications established by the Borough and the Pennsylvania MPC and must be able to demonstrate a working knowledge of municipal zoning.

May also serve as the Building Inspector.

[7]

Editor's Note: See 53 P.S. § 10614.

Building Inspector.

The Building Inspector is responsible for collecting fees that accompany applications for building and occupancy permits.

The Building Inspector may also serve as the Zoning Officer.

§ 340-69 Site plan review procedures.

Requirements for site plans. Prior to the issuance of a building permit or certificate for occupancy, a site plan shall be submitted and approved for the following uses:

All new buildings or additions to existing buildings except single-family dwelling units.

All conditional uses.

Any change in use which will require additional parking spaces to comply with this chapter.

Any proposed change in existing parking lot configuration.

Any other situation, at the discretion of the Zoning Officer, where a site plan is required in order to administer this chapter.

Site plan specifications. All site plans shall be drawn on a plan prepared to the following specifications:

The plan shall be drawn to scale and be sealed by a registered surveyor, engineer or landscape architect.

The scale shall not be smaller than one inch equals 50 feet. A smaller scale may be acceptable in certain circumstances if the required data can be clearly shown.

All submittal packages shall include 10 blue line prints.

Where it is not possible to display the entire site at the required scale on a single drawing sheet, multiple drawings shall be submitted, with match lines appropriately marked on each sheet.

Site plan contents. All site plans shall contain the following information, if applicable:

North arrow, title, original date prepared and revision dates.

Names of abutting property owners.

Location map.

Property dimensions and directional bearings.

Center line and edges of abutting streets.

House number and route number if assigned.

Location of all buildings.

Use of all building areas in gross floor area.

Vehicular and pedestrian traffic features, including parking.

Landscaping, fencing, walls and open space features.

Existing watercourse, floodplain information and proposed changes.

Existing grades and proposed changes at two-foot contours.

Location and effect of outdoor lighting.

Outdoor garbage facilities.

(15)

Location of all existing utilities and easements.

(16)

Proposed changes or additions to existing utilities.

(17)

Proposed stormwater drainage facilities.

(18)

Location of nearest fire hydrant.

(19)

Table specifying proposed and required lot area, lot width, height, yard areas, impervious surface area, building size and parking requirements.

(20)

Preliminary architectural drawings showing front elevation and indicating exterior facing materials.

Site plan review process:

§ 340-70 Building permits.

Limitations on the period of the year in which the work may be performed.

Restrictions as to the size, weight and type of equipment.

Designation of routes upon which materials may be transported.

Designation of the place, manner and routes of disposal of excavated material.

Requirements for the storage of equipment and materials.

Requirements as to the control of dust, the cleaning of streets, the prevention of noise and all other conduct injurious to the neighborhood, the general public or any portion thereof.

Regulations as to the use of streets in the course of the work in the Borough.

Regulations as to the use of a mechanical device for the breaking of pavement, such as a hydra-hammer or headache ball, which will be permitted only with special written permission from the Borough.

§ 340-71 Certificates for occupancy.

Requirement for a certificate for occupancy:

A certificate for occupancy shall be required before any person may do any of the following:

Occupy or use any vacant land.

Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged.

Change the use of a structure or land to a different use.

Change a nonconforming use.

Open a new business where there has been a change in tenants or ownership.

The Zoning Officer determines that extenuating circumstances have kept the site improvements from being completed.

The building or addition is in compliance with all applicable building and fire codes.

There are no conditions on the site which are a hazard in light of the use permitted by the temporary certificate for occupancy.

The development agreement is amended to extend the time period as necessary to complete the required improvements, as determined by the Zoning Officer.

Any security required for said required improvements is extended to cover the period of the amended development agreement.

§ 340-72 Fees.

[Amended 4-10-2023 by Ord. No. 86]

§ 340-73 Request for reasonable accommodation.

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.

The Zoning Hearing Board's decision shall be in writing.

Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act.

The degree to which the accommodation sought is related to the handicap or disability of the applicant.

A description of hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.

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.

The extent to which the proposed accommodation may impact other landowners in the immediate vicinity.

The extent to which the proposed accommodation may be consistent with or contrary to the zoning purposes promoted by the Borough, and the community development objectives set forth in this chapter.

The extent to which the requested accommodation would impose financial and administrative burdens upon the Borough.

The extent to which the requested accommodation would impose an undue hardship upon the Borough.

The extent to which the accommodation would require a fundamental alteration in the nature of the Borough's regulatory policies, objectives and regulations.

The extent to which the requested accommodation would result in a subsidy, privilege or benefit not available to nonhandicapped or nondisabled persons.