Such alterations, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming and shall be prohibited from encroaching on another parcel or land subsequently added to the original parcel.

Any increase in volume or area shall not exceed an aggregate of more than 50% of the volume or area existent at the date the use became nonconforming, during the life of the nonconformity, and in any event shall be permitted only by special exception under the provisions of Part 13C, “Zoning Hearing Board.” Structures or land uses that reached their maximum expansion allowance under previous ordinances are not eligible for any increase in volume or area under this Chapter.

Such change shall be permitted only as a special exception by the Zoning Hearing Board.

The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.

The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to:

Receive and examine all applications for zoning permits, certificates of occupancy, floodplain permits and sign permits.

Process zoning permit applications for all uses as enumerated in Parts 2 through 6 and §27-1313.

Issue permits only where there is compliance with the provisions of this Chapter, with other Borough ordinances and with the laws of the Commonwealth. Permits for construction of uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval by the Borough Council shall be issued only after receipt of approval from the Borough Council.

Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.

Receive applications for conditional uses, curative amendments and zoning changes, forwarding requests to the Borough Council, Planning Commission and other appropriate agencies.

Following refusal of a permit, receive applications for interpretation, appeals and variances and to forward these applications to the Zoning Hearing Board for action thereon.

Conduct inspections and surveys determine compliance or noncompliance with the terms of this Chapter.

Issue stop, cease and desist orders and order, in writing, correction of all conditions found to be in violation of the provisions of all applicable Borough ordinances. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this Chapter. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this Chapter.

Institute, in the name of the Borough, any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violations, so as to prevent the occupancy of or use of any building, structure or land; to prevent any illegal act, conduct, business or use in or about such premises. The Zoning Officer has the right to lodge a criminal complaint against any violator of this Chapter, whether or not any other action has been taken to halt the use.

Revoke any order or zoning permit issued under a mistake of fact or contrary to the law of the provisions of this Chapter.

Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be a public record.

Maintain map or maps showing the current zoning classification of all land in the Borough.

Register nonconforming structures, uses or lots in accord with the provisions of §27-1302.

Create and maintain the files required to carry out and maintain records of all his/her actions pursuant to this Chapter.

Institute civil enforcement proceedings as a means of enforcement when authorized.

Receive and examine all applications for minor lot line adjustments and make a determination for recommendation of waivers in accordance with §22-455 of the Yardley Borough Subdivision and Land Development Ordinance.

For all proposed uses listed below in which six or more additional parking spaces are required, the Zoning Officer shall refer applications to the Borough Planning Commission for review under the provisions and requirements of this Chapter:

Application Requirements for Zoning Permits. All applications for zoning permits shall be made in writing by the owner, tenant, vendor under contract of sale or authorized agent on a form supplied by the Borough and shall be filed with the Zoning Officer. The application shall include four copies of the following information:

No permit for any new use or construction which will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site shall be issued until a certificate of approval has been issued by the Bucks County Department of Health and conforms to all applicable Borough regulations.

Applicability. The Borough Council shall have the power to approve conditional uses when this Chapter specifically requires the obtaining of such approval and for no other use or purpose.

Conditions and Standards. In granting a conditional use, the Borough Council shall make findings of fact consistent with the provisions of this Chapter. The Borough Council shall not approve a conditional use, except in conformance with the conditions and standards outlined in this Chapter.

General Requirements and Standards. The Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Borough Council shall, among other things, require that any proposed use and location be:

Requirements and Standards Applicable to Specific Uses. In addition to the general requirement and standards specified in Subsection 2.C, the applicant shall provide information required below and any additional information requested by Borough Council to make its evaluation:

The Borough Council may impose whatever conditions it deems necessary to ensure that any proposed development will secure substantially the objectives of this Chapter.

Review by Planning Commission. The Borough Council shall request an advisory opinion from the Planning Commission on any application for a conditional use. The Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Borough Council on an application.

Conditional use applications shall be governed by the following:

Borough Council may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

The hearing shall be held within 60 days from the date of the applicant’s submission of a complete application, unless the applicant has agreed, in writing, to an extension of time.

The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Board. However, the applicant may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The parties to the 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. The Board shall have power to require that all persons who wish to be considered parties enter requests in writing on forms provided by the Board for that purpose.

The Chairperson or acting Chairperson of the Board or the hearing officer presiding 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.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

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 stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his/her representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their Solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his/her representative unless all parties are given an opportunity to be present.

The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act or of any ordnance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his/her decision or findings are final, the Board shall make his/her report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board’s decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant’s submission of a complete application, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.

When a decision has been tendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection 5.A of this Section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

Substantive challenges to the validity of any land use ordinance except curative amendments brought under §609.1 of the Pennsylvania Municipalities Code, 53 P.S. §10609.1, as amended.

Procedural challenges to the validity of any land use ordinance, including challenges raising questions of defective enactment or adoption with challenges shall be raised by an appeal taken with 30 days after the effective date of said ordinance.

Appeals from any determination or action of a Zoning Officer, including but not limited to, the granting or denial of any permit, or failure to act on the application; therefore, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

Appeals from determinations by a Borough Engineer or Zoning Officer in matters relating to the administration of floodplain or flood hazard ordinances.

Applications for a variance from a zoning, floodplain or flood hazard ordinance.

Applications for special exceptions pursuant to a zoning, floodplain or flood hazard ordinance.

Appeals from a Zoning Officer’s preliminary opinion about compliance with applicable ordinance and map requirements.

Appeals of determinations by the Borough Engineer or Zoning Officer concerning sedimentation, erosion control and stormwater management.

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 the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.

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 this Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the applicant.

That the variance, if authorized, will neither 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.

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 accordance with the Yardley Borough Comprehensive Plan and consistent with the spirit, purposes and the intent of this Chapter.

In the best interests of the Borough, the convenience of the community and the public welfare and be a substantial improvement to the property in the immediate vicinity.

Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

In conformance with all applicable requirements of this Chapter.

Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.

In accordance with sound standards of subdivision practice where applicable.

Public notice, as defined by §27-111, shall be given and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely written request for the same. Written notices shall be given at such time and in such manner as prescribed by any applicable ordinance or, in the absence of ordinance provision, by any applicable rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

Written notice should be mailed or delivered to the principal owner of each property that abuts or is across the street from the subject lot.

Proposals Originated by the Borough Council. The Borough Council shall refer every proposed amendment, supplement, change, modification or repeal originated by the Council to the Planning Commission.

Proposals Originated by the Planning Commission. The Planning Commission may, at any time, transmit to the Borough Council any proposal for the amendment, supplement, change, modification or repeal of this Chapter.

Proposals Originated by a Citizen’s Petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change or modification shall be signed and acknowledged and submitted in writing to the Secretary of the Borough Council. On receipt of said petition, the Borough Council shall transmit a copy of the petition to the Planning Commission.

All proposed amendments must be forwarded for review by the Bucks County Planning Commission at least 45 days prior to the public hearing required in §27-1335 of this Section.

All proposed amendments forwarded for review to the Yardley Borough Planning Commission shall be forwarded at least 45 days before the public hearing required in §27-1335 of this Section.

Environmental Impact. Is there any change in existing environmental standards? If so, what is the predicted impact on stormwater runoff, microclimate, erosion, scenic areas, views, the general amenity of the community? An assessment shall also be made of the existing environment and an evaluation made if no zoning change were proposed.

Transportation Impact.

Services Impact.

Regional Impact. Regional housing needs shall be examined and Borough performance with respect to these identified. Demand created for additional shopping and private commercial stores and impact on established local shopping conditions.

A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.

An attested copy of the proposed ordinance shall be filed in the County Law Library.

The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regaining that parcel, and to any other person requested in writing by the owner of record.

An enforcement notice shall state at the following: