Tatamy City Zoning Code
ZONING HEARING
BOARD; VARIANCES; HEARINGS AND APPEALS
§ 155.045 APPOINTMENT.
(A) The Zoning Hearing Board shall be continued and shall consist of three residents of the borough appointed by the Borough Council, unless a differing number of members are authorized by another valid borough ordinance. Alternate members may be appointed within the provisions of the state’s Municipalities Planning Code.
(B) Board members shall serve terms of three years, so fixed that the term of office of no more than one member expires each year.
(C) Members of the Board shall hold no elected office in the borough.
(Ord. passed 2-4-1991, § 111)
§ 155.046 VACANCIES.
The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of a term.
(Ord. passed 2-4-1991, § 111)
§ 155.047 MEMBER REMOVAL.
See § 905 of the Municipalities Planning Code.
(Ord. passed 2-4-1991, § 111)
§ 155.048 ORGANIZATION.
(A) Officers. The Board shall elect officers from its own membership officers shall serve annual terms and may succeed themselves.
(B) Quorum. For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all members of the Board; except that, 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 by the state’s Municipalities Planning Code.
(C) Rules. The Board may make, alter and rescind rules and forms for its procedure, consistent with all applicable borough ordinances and state law.
(Ord. passed 2-4-1991, § 111)
§ 155.049 FUNCTIONS.
The Zoning Hearing Board shall be responsible for the following.
(A) Appeal of a decision by the Zoning Officer.
(1) The Board shall hear and decide appeals where it is alleged by the appellant (a person affected or any agency of the borough) that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any valid provision of this chapter.
(2) See time limitations for appeals in § 155.054 of this chapter.
(B) Challenge to the validity of the ordinance or map.
(1) The Board shall hear challenges to the validity of this chapter filed with the Board in writing by the landowner affected, any officer or agency of the borough, or any person aggrieved.
(2) After the conclusion of the hearing(s), the Board shall decide all questions and shall make findings on all relevant issues of fact, within the time limits of the Municipalities Planning Code.
(C) Variance.
(1) The Board shall hear requests for variances filed with the Board in writing by any landowner (or any tenant with the permission of such landowner).
(2) The Board may grant a variance only within the limitations of state law as of 1990, the Municipalities Planning Code; provided that, all of the following findings must be made, where relevant:
(a) 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;
(b) 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;
(c) Such unnecessary hardship has not been created by the appellant;
(d) 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
(e) 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.
(3) 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.
(D) Special exception.
(1) The Board shall hear and decide requests for all special exceptions filed with the Board in writing by any landowner (or any tenant with the permission of such landowner), as provided in this chapter and in accordance with such standards and criteria contained in this chapter.
(2) In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes and intent of this chapter.
(E) Hearings. The Board shall conduct hearings and make decisions in accordance with § 155.053 of this chapter and the Municipalities Planning Code.
(F) Records and reports. The Board shall keep full public records of its business.
(G) Court appeals.
(1) In the case of an appeal from the Board to the Court of Common Pleas, the appellant shall make the return required by law, and should promptly notify the Borough Zoning Hearing Board Solicitor of such appeal.
(2) Any decision of the Board not appealed within 30 days after notice thereof shall be final, except as may be permitted under state law.
(H) Appeal by the Zoning Officer. See § 155.022 of this chapter.
(Ord. passed 2-4-1991, § 111)
§ 155.050 TIME LIMITATION FOR APPEALS.
The time limitations for appeals shall be as follows.
(A) No person shall be allowed to file any appeal with the Zoning Hearing Board later than 30 days after the decision by the Zoning Officer that is being appealed has been officially made, or appeal with the County Court of Common Pleas later than 30 days after the decision by the Zoning Hearing Board, except as may be provided for under state law.
(B) The failure of an aggrieved person other than the landowner to appeal an adverse decision directly related to a preliminary subdivision or land development plan shall preclude an appeal from a final plan approval, except in the case where the final submission substantially deviates from the approved preliminary plan.
(C) This 30-day time limit for appeals shall not apply to the revocation of a permit under § 155.021(F) of this chapter.
(Ord. passed 2-4-1991, § 111)
§ 155.051 STAY OF PROCEEDINGS.
See § 916 of the State Planning Code.
(Ord. passed 2-4-1991, § 111)
§ 155.052 TIME LIMITATIONS ON PERMITS, VARIANCES.
(A) After a variance is approved or approval is officially authorized under this chapter, then a permit shall be secured by the applicant within nine months after the date of such approval or authorization. Such action under such permit shall then begin within 12 months of the issuance of the permit.
(B) If the applicant submits complete plans for a required site plan review or subdivision or land development approval or special exception or conditional use approval that is related to the variance or issuance of a permit under this chapter within the above time limits, then such time limits shall begin after such plan review is completed or such plan approval is granted.
(C) For good cause, the Zoning Officer may, upon application in writing stating the reasons therefore, extend in writing to 18 months the nine-month application period.
(D) If an applicant fails to obtain the necessary permits within the above time period, or after obtained the permit fail to diligently commence substantial construction thereunder within such time period, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned the approval, and all such approvals, variances and permits shall be deemed automatically rescinded.
(E) Any building construction shall be completed within 36 months of issuance of an applicable permit.
(Ord. passed 2-4-1991, § 111)
§ 155.053 HEARINGS.
The Board shall conduct bearings and make decisions in accordance with the following.
(A) Notice of hearings. Notice of all hearings of the Board shall be given as follows.
(1) Public notice shall be published, as defined by § 107 of the Municipalities Planning Code. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
(2) Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. It is the responsibility of the applicant to ensure that such notice is posted and remains posted until the hearing.
(3) Written notice shall be given to the applicant and the Zoning Officer. Notice should be given to the Planning Commission, Borough Council and owners of record of property abutting or within 100 feet of the lot lines of the subject property. 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 by a borough representative to the last address known to the borough. Such notice should be intended to be received at least five days prior to the hearing date.
(4) (a) In any matter which relates to a property which lies within 250 feet of the boundary of another municipality, except boundaries separated by a perennial river, and which the borough staff determines may have a significant impact on that municipality, the borough staff should transmit to the offices of the adjacent municipality a copy of the official notice of the public hearing on such matter at least seven days prior to the hearing date.
(b) Representatives of such adjacent municipality shall have the right to appear and be heard at the public hearing.
(5) The Borough Council may, by resolution, establish a reasonable fee schedule, based on cost, to be paid by:
(a) The applicant for any notice required by this chapter; and
(b) Those persons requesting any notice not required by this chapter.
(B) Parties.
(1) The parties to a hearing shall be the borough, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board.
(2) The Board shall have 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.
(C) Oaths and subpoenas. The Chair of the Board or Hearing Officer shall have 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.
(D) Representation by counsel. The parties shall have the right to be represented by legal counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(E) Evidence and record. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. The Board or the hearing officer, as the case may be, shall keep a record of the proceedings as required by state law.
(F) Ex parte communications.
(1) The Board shall not meet with, visit the site with or directly communicate with the applicant or any officially protesting party or their representatives in connection with any issue involved, except if opportunity is provided for the applicant and any officially protesting party to participate.
(2) The Board 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. This restriction shall not apply to advice from the Board’s solicitor.
(G) Planning Commission review. The Zoning Hearing Board may request that the Planning Commission provide an advisory review on any matter before the Board.
(H) 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. A request for a hearing by an applicant shall not be accepted prior to submission of a duly filed application.
(I) Decision/findings.
(1) The Board shall render a written decision or make written findings (when no decision is called for) on the application, within 45 days after the last hearing 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 therefor.
(3) Any conclusion based on any provision, of the Municipalities Planning Code or of this chapter, or of any other ordinance, rule or regulation shall contain a reference to the provision relied on.
(J) Notice of decision. A copy of the final decision or a copy of the findings (when no decision is called for) shall be personally delivered or mailed to the applicant or his or her representative or his, her or their last known address.
(Ord. passed 2-4-1991, § 112)
§ 155.054 APPEALS.
(A) In general. All appeals of this chapter or any action of the Borough Council or borough officials under this chapter shall conform with Art. X of the State Planning Code.
(B) Procedural defects in enactment. Allegations that this chapter or any amendment was enacted in a procedural defective manner shall be appealed directly to the court and be filed not later than 60 days from the intended effective date of the ordinance or amendment.
(C) To the Zoning Hearing Board. Appeals to the Board shall comply with § 155.053 of this chapter.
(Ord. passed 2-4-1991, § 113)
