Swoyersville City Zoning Code
ARTICLE VIII
Zoning Hearing Board
§ 93-56 Organization and procedures; meetings.
A.
Organization. The Zoning Hearing Board shall consist of three members who are residents of the Borough of Swoyersville to be appointed by Swoyersville Borough Council, one of whom shall be designated to serve until the first day of January following the adoption of the Zoning Ordinance, one until the first day of the second January thereafter, one until the first day of the third January thereafter. On the expiration of their appointed terms, their successors shall be appointed for three-year terms. Vacancies shall be filled for the unexpired term of any member. At the expiration of a member's term, he shall remain in office until he is reappointed or replaced. The Board shall elect from its own membership its officers who shall serve annual terms as such.
B.
Procedure. The Board shall organize and adopt rules of procedure not inconsistent with this chapter or the Pennsylvania Municipalities Planning Code.[1]
(1)
Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board, in its rules of procedure, may specify. The Chairman, or in his absence the Acting Chairman or hearing officer appointed from the membership of the Board 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 Board or hearing officer, as the case may be, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions. The records of the Board shall be kept in the office of the Zoning Officer and shall be a public record. The Board shall meet at least once a month if it has any cases to come before it.
(2)
Quorum. For the conduct of any hearing and the taking of any action, a quorum shall not be less than two members of the Board. 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, Pennsylvania Municipalities Code.[2]
[2]
Editor's Note: See 53 P.S. § 10908.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 93-57 Applications and appeals to Zoning Hearing Board.
A.
Applications, by whom taken. Applications for special exception in cases in which the Board has original jurisdiction under the provisions of this chapter shall be filed with the Zoning Officer, who shall transmit same to the Board.
B.
Appeals.
(1)
Appeals, when and by whom taken. Appeals may be taken by the landowner affected, any officer of the Borough or by any person aggrieved by any decision of the Zoning Officer or the other administrative official or agency. Such appeal shall be taken within 30 days after said decision by filing with the Board a written notice of appeal specifying the grounds thereof. Nothing contained herein shall be construed to deny the appellant the right to proceed directly to court, where appropriate, pursuant to Pennsylvania Rules of Procedure, Rules 1091 to 1098, relating to mandamus.
(2)
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer shall certify to the Board facts indicating that such stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or the Common Pleas Court for cause shown after notice to the officer from whom the appeal is taken.
(3)
Decision of the Board. The Board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all powers of the Zoning Officer from whom the appeal is taken.
(4)
Refiling of disapproved or withdrawn cases. If a case is disapproved by the Board, thereafter the Board shall take no further action on another case for substantially the same proposal on the same property until one year after the date of such disapproval. If a case before the Board is advertised and thereafter withdrawn by the applicant before or at the meeting of the Board, he shall be precluded from filing another application for substantially the same proposal on the same premises for six months and the case shall be readvertised.
C.
Filing. The Board may require the applicant to furnish such information as it deems necessary when filing an application or appeal and may require specific forms to be used.
§ 93-58 Hearings.
Upon filing of an appeal or application, the Board shall fix a time and place for a hearing and give due notice as follows:
A.
Public notice. The case shall be advertised at least once in a newspaper of general circulation within the municipality in which the property involved is located. The notice shall be advertised not less than one week nor more than three weeks in advance of such hearing. The applicant shall be notified by mail and the Board must notify contiguous property owners and those within 100 feet of the property involved as it deems necessary. The Board may require the applicant to post the property so that the people in the area will have due notice.
B.
The hearings of the Board shall be public. However, the Board may go into executive session.
C.
Adjourned hearings. Upon the day for hearing on any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing, unless the Board so decides, provided the Board publicly states the date of hearing at the time; otherwise, they shall be notified.
D.
Decisions of the Board or hearing officer. The Board or the hearing officer, as the case may be, shall decide all applications and appeals within 45 days after the final hearing thereon. A copy of the final decision shall be given to the appellant and all other parties so requesting. The Board's decision shall be binding on the Zoning Officer, and he shall incorporate the terms and conditions of the same in any permit issued. If the Board does not render its decision within 45 days of the final hearing, it shall be deemed that the Board has decided in favor of the applicant, unless the applicant has agreed, in writing, to an extension of time.
§ 93-59 Powers and limitations of powers of Zoning Hearing Board.
A.
Administrative review. The Board shall have the power to hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or determination made by the Zoning Officer or other administrative official or agency, based on or made in the enforcement of the Zoning Ordinance.
B.
Special exceptions.
(1)
Special exceptions previously listed. The Board shall have the power to hear and decide requests for special exceptions set forth in this chapter as follows: §§ 93-6A, 93-7A, 93-17, 93-18, 93-19, 93-20, 93-21, 93-22, 93-23, 93-24, 93-25, 93-41C(1), 93-45, 93-50A, 93-50B, and 93-54. In considering an application for special exception, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a special exception, the Board may impose such requirements and conditions with regard to location, construction, maintenance and operation in addition to those expressly stipulated in this chapter for the particular special exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(2)
Temporary uses and permits. In addition to permitting the special exceptions heretofore specified, the Board shall have authority to hear and decide on requests for temporary structures and uses in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use be of temporary nature, which does not involve the erection of a substantial structure. Any request for such structure or use, when approved, shall be granted in the form of a temporary and revocable permit for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
C.
Interpretations of the Zoning Map. Where the street or lot layout actually on the ground or as recorded differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this chapter. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made to the Board.
D.
Variances. On an appeal from an order, requirement, decision or determination of the Zoning Officer or any other administrative officer or agency, the Board may grant a variance in the application of the provisions of the Zoning Ordinance, only if all of the following findings are made (except for industrial variances where a substantial number of persons will be employed or retained and where more flexibility may be exercised):
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property, and the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located;
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is, therefore, necessary to enable the reasonable use of the property;
(3)
That such unnecessary hardship has not been created by the appellant;
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Zoning Ordinance.
E.
Specific limitations of powers of the Board.
(1)
The Board does not have the power to amend any zoning ordinance, to rezone any land or to allow any use not permitted by this chapter.
(2)
The fact that a property owner will suffer financial hardship if not granted a special exception or a variance from this chapter is of itself insufficient ground for granting a variance.
§ 93-60 Court review.
Any person aggrieved by any decision of the Board may appeal to the Court of Common Pleas of Luzerne County setting forth the grounds on which the appellant relies. Such appeal must be filed not later than 30 days after notice of the decision is issued.