Spring Grove City Zoning Code
ARTICLE X
Zoning Hearing Board
§ 400-57 Zoning Hearing Board actions and variances.
A.
Membership of Board. The existing Zoning Hearing Board shall be continued. The Board shall consist of five residents of the Borough appointed by Borough Council. The existing terms of office shall continue, with terms of office being five years, and with the terms being so fixed that the term of office of no more than one member shall expire each year. Members of the Board shall hold no other office in the Borough.
(1)
Alternate members. Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated, an 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, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this act and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member. See also § 400-57.
B.
Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of the term.
C.
Organization.
(1)
The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. 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 Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in Section 908 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
(2)
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
(3)
The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Borough.
D.
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following:
(2)
Variance.
(a)
The Board shall hear requests for variances filed with the Borough staff in writing.
(b)
Standards. The Board may grant a variance only within the limitations of state law, which requires that all of the following findings must be made, where relevant:
[1]
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;
[2]
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 a variance is therefore necessary to enable the reasonable use of the property;
[3]
Such unnecessary hardship has not been created by the appellant;
[4]
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
[5]
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)
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.
(4)
Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are necessary to provide a reasonable accommodation under applicable federal law to serve persons who the applicant proves have disabilities as defined in and protected by such laws.
(a)
Such reasonable accommodations shall be requested in accordance with the United States Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the federal regulations adopted pursuant to such statutes, as amended.
(b)
If the applicant is requesting a reasonable accommodation under the United States Fair Housing Act Amendments of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person with a protected disability no longer will be present on the property.
(5)
Planning Commission review. See § 400-54D(6).
E.
Time limits for appeals. The applicable provisions of the Municipalities Planning Code, as amended, shall apply.
F.
Multiple pending applications. No more than one application for a use for the same property shall be pending before the Zoning Hearing Board at any time. All issues shall be included or consolidated in a single application or hearing requested. An applicant may withdraw one application, and then submit a new application that addresses additional issues; or upon approval of the Zoning Hearing Board, the applicant may amend an existing application.
G.
Time limits on permits and approvals.
(1)
After a variance is approved or other zoning approval is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by such permits shall then be completed within 12 months after the issuance of the permits. This time period shall not begin until all relevant appeals are resolved.
(2)
Extension. Borough Council may extend, in writing, the time limit for completion of work by additional periods of six months. Any appeal of refusal to grant an expansion shall be appealed to Borough Council.
(3)
If an applicant fails to obtain the necessary permits or begin construction within the above time periods, or allows interruptions in substantial construction of longer than 12 months, the permit or approval shall become null and void.
§ 400-58 Special exception use process.
A special exception use generally is an allowed use, provided that it meets all of the requirements, standards and conditions of this chapter.
A.
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
B.
Special exception procedure.
(4)
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter.
C.
Consideration of special exception applications. When special exceptions are provided for in this chapter, the Board shall hear and decide requests for such special exceptions in accordance with stated standards and criteria of this chapter. The Board may grant approval of a special exception provided that the applicant meets the following standards for special exceptions. The burden of proof shall rest with the applicant.
(1)
Compliance with this chapter. The applicant shall establish by credible evidence compliance with all conditions on the use enumerated in the section which gives the applicant the right to seek the use approval, including the general standards for a special exception, and any specific standards required for a particular use. The applicant shall provide the Borough with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations. See § 400-54 for application requirements.
(2)
Traffic. The applicant shall establish by credible evidence that the proposed use's peak traffic will be accommodated in a safe and efficient manner or improvements made in order to effect the same.
(3)
Site planning. The applicant shall establish by credible evidence that the proposed use will be properly designed with regard to internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter and any other governing law or regulation.
(4)
Neighborhood. The proposed use shall not substantially injure or detract from the use of neighboring property or from the desirable character of the neighborhood and the use of property adjacent to the area included in the special exception application shall be adequately safeguarded.
(5)
Safety. The applicant shall establish by credible evidence that the proposed use will not create a significant hazard to the public health, safety and welfare, such as fire, toxic or explosive hazards.
D.
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards, in addition to those required for a particular use, as it determines are necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the zoning and use and occupancy permits issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
§ 400-59 Zoning Board hearings and decisions.
The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board.
A.
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(2)
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The Borough staff shall post the property. It is the responsibility of the applicant to make sure that such notice remains posted until the hearing.
(3)
Persons given notice. The Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of Borough Council. In addition, the Borough shall endeavor to provide notice to the last known principal owner of record of each property that is within 200 feet from any boundary of the subject property, however, failure to provide such notice shall not be grounds for an appeal. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. Any such notices should be mailed or delivered to the last known address. First-class mail shall be sufficient for any mailed notices.
B.
Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.
C.
Decision/findings.
(1)
The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.
(2)
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3)
References shall be provided to the most pertinent section(s) of this chapter and/or the Municipalities Planning Code.
D.
Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his/her representative or to the address provided in the application or appeal or other address provided, in writing, by the applicant not later than the time limit established by the Municipalities Planning Code, as amended. (Note: As of the adoption date of this chapter, such provisions were within §§ 908(9) and 908(10) of such Act, including provisions regarding notice to other parties.)
§ 400-60 Appeals to court.
The provisions for appeals to court that are stated in the Municipalities Planning Code, as amended, shall apply.