Waterford City Zoning Code
ARTICLE VI
Zoning Hearing Board
§ 280-51 Appointment and membership.
A.
In accordance with Article IX of the Planning Code,[1] a Zoning Hearing Board shall be appointed by Borough Council, which shall adopt rules to govern its procedures. The Board shall hold meetings, keep minutes and, pursuant to public notice, conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions or reports of findings. For the filing of any appeal or proceeding with the Board, a hearing fee shall be charged in accordance with a schedule established by Borough Council. All Borough costs associated with §§ 280-52, 280-53 and 280-54 over and above the hearing fee shall be borne by the applicant. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs. The stenographer's appearance fee is split between the applicant and the Board, while the transcription costs are paid by the party requesting the transcript.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
B.
The membership of the Board shall be arranged in accordance with the provisions of Section 903 of the Planning Code. The organization of the Board shall be based upon Section 906 of the Planning Code and the removal of any members of the Board shall be undertaken pursuant to Section 905 of the Planning Code. There may be compensation to any member or alternate member of the Board for the performance of his or her duties, and the Borough Council may, from time to time, appropriate monies for clerical, technical or legal consultants for necessary services as well, based upon Section 907 of the Planning Code.[2]
[2]
Editor's Note: For the various references to the Municipal Planning Code in this subsection, see 53 P.S. §§ 10903, 10906 and 10905, and 10907, respectively.
§ 280-52 Functions. [1]
The Zoning Hearing Board shall conduct meetings, hearings and make decisions on matters as provided by this chapter in accordance with the provisions of 53 P.S. §§ 10909.1, 10910.2, and 10912.1 of the Municipalities Planning Code, which includes the following functions:
A.
Appeals from the Zoning Officer. The Board shall hold a hearing and decide all appeals where it is alleged by the appellant that the Zoning Officer or the municipal engineer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or Map or any valid rule or regulation governing the action of the Zoning Officer. Such appeals of determination shall be filed in accordance with 53 P.S. § 10910.2 of the Planning Code.
B.
Variances. The Board shall hear requests for variances, in accordance with 53 P.S. § 10912.1. of the Planning Code, where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may grant a variance provided the following findings are 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 that the authorization of 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.
(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.
(6)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes and objectives of this chapter.
C.
Special exceptions. The Board shall issue, upon application, only such special exceptions which the Board by the provisions of this chapter is specifically authorized to issue. The granting of a special exception when specifically authorized by the terms of this chapter shall be subject to the following standards and criteria. The applicant for a special exception shall demonstrate, as a condition to approval of his application, compliance with these criteria and those criteria specified elsewhere in this chapter for the use in question.
(1)
Such use shall be one which is specifically authorized as a special exception use in the zoning district wherein the applicant seeks a special exception.
(2)
Such special exception shall only be granted subject to any applicable condition and safeguards as required by this chapter.
(3)
Such use shall not adversely affect the character of the general neighborhood, nor the conservation of property values, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.
(4)
Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.
(5)
Services and utilities shall be made available to adequately service the proposed use.
(6)
The granting of the special exception shall be consistent with the Comprehensive Plan.
(7)
In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and the Pennsylvania Municipalities Planning Code, as amended.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Challenge to the validity of the Zoning Map or chapter. The Board shall hear challenges to the validity of this chapter or Zoning Map in accordance with 53 P.S. § 10909.1. of the Planning Code. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become a report and part of the record on appeal to the courts.
E.
Appeals. Where the Board has jurisdiction over a zoning matter, it shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make record thereon as provided in 53 P.S. § 10913.3 of the Planning Code. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become a report and part of the record on appeal to the courts.
F.
Request and application procedure. All requests, applications or appeals made to the Board shall be in writing on forms prescribed by the rules of procedure by the Board. Every appeal or application shall refer to the specific provision of the chapter involved, and shall set forth the interpretation that is claimed, the use which is sought, or the details of the variance that is applied for, and the grounds on which it is claimed a request should be granted. At least 30 days before the date of the hearing on a request, application or appeal, the Board shall transmit to the Planning Commission a copy of said request, application or appeal in order that the Planning Commission may have an opportunity to submit a report to the Board, if it so desires.