Wyoming City Zoning Code
PART 8
ZONING HEARING BOARD
§ 27-801 Organization and Procedure.
1.
Organization. The Zoning Hearing Board shall consist of three members to be appointed by the Governing Body of Wyoming Borough, 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 of the second January thereafter, and one until the first day of the third January thereafter. On the expiration of their appointed terms, their successors shall be appointed for a three-year term. 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.
2.
Procedure. The Board shall organize and adopt rules of procedure not inconsistent with this chapter or the Pennsylvania Municipalities Planning Code, Act 247.
3.
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, may administer oaths and compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties. All meetings of the Board shall be open to the public. The Board or the Hearing Officer, as the case may be, shall keep minutes of the 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 the 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.
4.
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, 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 § 908, Act 247, Pennsylvania Municipalities Planning Code.
§ 27-802 Applications and Appeals to the Board.
1.
Applications. Application 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.
2.
Application Requirements. Applications shall be submitted to the Zoning Officer upon such forms and accompanied by such data and information as may be prescribed for that purpose by him or the Board, so as to assure the fullest practicable presentations of facts for the record. Each application shall be verified in writing by the owner or majority of owners for the area proposed for development or use, attesting to the truth and correctness of all facts and information presented with the application. It shall contain an assessment map of the subject property, and for all of the properties within 100 feet, a listing of the name and address of property owners. The Zoning Officer shall check the application to determine whether it conforms with the requirements listed above, and if satisfactory, shall immediately submit it to the office of the Zoning Hearing Board.
3.
Appeals. Appeals may be taken by an officer of the Borough, or by any other person aggrieved by any decision of the Zoning Officer or other administrative official or agency. Such appeal shall be taken within 30 days after said decision, by filing with the Zoning Officer a notice of appeal specifying the grounds thereof. The Zoning Officer shall arrange for the proper notices, and shall bring the appeal before the Board at its next meeting. Nothing contained herein shall be construed to deny to the appellant the right to proceed directly in court, where appropriate, pursuant to Pennsylvania Rules of Civil Procedure, §§ 1091 to 1098 relating to mandamus.
4.
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, after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate, a stay would, in his opinion, 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 by the Common Pleas Court, after notice to the Officer from whom the appeal is taken, and on due cause shown.
5.
Decision of the Board. The Board may in conformity with the provisions of this Part 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.
6.
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 re-advertised.
7.
Transcript Fees. The cost of the original transcript and any additional copies shall be paid by the person appealing from the decision of the Board if such appeal is made. In other cases the parties requesting the original transcript shall bear the cost thereof and any additional copies.
8.
Filing. The Board may require the applicant to furnish such information as it deems necessary when filing an appeal.
§ 27-803 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:
1.
Public Notice.
A.
"Public notice," notice given not more than 10 days and not less than seven days in advance of any public hearing required by Act 247, Pennsylvania Municipalities Planning Code. Such notice shall be published once in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.
B.
The hearings of the Board shall be public. However, the Board may go into executive session.
2.
Adjourned Hearings. Upon the day for hearing any application or appeal, the Board may adjourn 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.
3.
Decisions of the Board. The Board shall decide all applications and appeals within 45 days after the final hearing thereon. Notice of decision shall be given to all 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 party making the request.
§ 27-804 Powers, and Limitations of Powers, of the Board.
1.
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 refusal made by the Zoning Officer or other administrative official or agency, based on or made in the enforcement of the Zoning Ordinance.
2.
Standards for Communications Towers.
A.
The applicant shall demonstrate that it is licensed by the FCC to operate a communications tower, if applicable, and communications antennas.
B.
The applicant shall demonstrate that the proposed communications tower and communications antennas thereon comply with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
C.
Communications towers shall comply with all applicable Federal Aviation Administration (FAA), Commonwealth Bureau of Aviation and applicable Airport Zoning Regulations.
D.
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure, or communications tower. A good faith effort shall require that all owners of a potentially suitable structure within a two-mile radius of the communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcements cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with the owners of such structures.
E.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length.
F.
Communications towers may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
G.
Land development approval shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.
H.
Subdivision approval shall be required for a lease parcel on which a communications tower is proposed to be constructed. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
I.
In all zoning districts except Mining (M-1), the maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet. In the Mining (M-1) zoning district, the maximum height of any Communication Tower shall be 180 feet.
J.
The foundation and base of any communications tower located adjacent to any residentially occupied property, or adjacent to any residential zone, shall be set back from a property line (not lease line), at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
K.
The base of a Communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties. The communications equipment building shall comply with the required setbacks and height requirements of the applicable zoning district for an accessory structure.
L.
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Associations/Telecommunications Industry Association.
M.
The applicant shall submit a copy of its current FCC license; the name, address, and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount $1,000,000 per occurrence covering the communications tower, communications antennas, communications equipment and communications building. Proof of said insurance certificate to be submitted annually to the Wyoming Borough Planning Commission.
N.
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be included within a fenced enclosure.
O.
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public. No signs or lights shall be mounted on a communications tower, except as may be required by the FCC, FAA, Wyoming Borough, or other governmental agency which has jurisdiction.
P.
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
Q.
One off street parking space shall be provided within the fenced area.
3.
Special Exceptions.
A.
The Board shall have the power to hear and decide requests for special exceptions set forth in this chapter as follows, but not limited to: §§ 27-205, 27-206, 27-401, 27-402, 27-403, 27-404, 27-405, 27-406, 27-407, 27-408, 27-409, 27-410, 27-411, 27-413, Subsection 3, 27-614, Subsection 3, 27-615, Subsection 1B, 27-618, 27-620, 27-624, Subsection 1, 27-627, and 27-701.
B.
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 attach such reasonable conditions and safeguards, in addition to those expressed in this chapter for the particular special exception, as the Board may deem necessary to implement the purposes of this chapter.
4.
Temporary Uses and Permits. In addition to permitting the special exception 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 a 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.
5.
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, and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to court. 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, who, after a public hearing, shall decide all questions of interpretation and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to Court.
§ 27-841 Variances.
1.
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):
A.
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 that the unnecessary hardship is due to such conditions, and not to circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located;
B.
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;
C.
That such unnecessary hardship has not been created by the appellant;
D.
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
E.
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations 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.
§ 27-842 Specific Limitations of Powers of the Board.
1.
The Board does not have the power to amend any zoning ordinance, to rezone any land, to declare this Zoning Ordinance or any amendment thereto invalid, or to allow any use not permitted by this Zoning Ordinance.
2.
The fact that a property owner will suffer financial hardship if not granted a special exception or a variance from the Zoning Ordinance, is of itself insufficient ground for granting a variance.