Conemaugh Township Cambria County Johnstown, Pennsylvania ZONING ORDINANCE ARTICLE 19

ARTICLE XIX
ZONING HEARING BOARD

SECTION 1901 CREATION AND ORGANIZATION

• A. Creation and Membership:
  There is hereby established a Zoning Hearing Board. The membership of the Board shall consist of three residents of the municipality appointed by the Township Supervisors. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Township Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township, except that no more than one member of the Board may also be a member of the Planning Commission.
• B. Removal of Members:
  Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Township Supervisors taken after the member has received fifteen days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
• C. Organization:
  The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the 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. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Township Supervisors once a year.
• D. Expenses:
  Within the limits of funds appropriated by the Township, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Township. All costs of reviewing applications shall be assessed against the applicant as permitted by the Municipalities Planning code.

SECTION 1902 POWERS AND DUTIES

• A. Powers Relative to Errors:
  To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of the Zoning Ordinance.
• B. Powers Relative to Variations:
  Where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant, the Board may grant a variance if the following conditions are found relevant in a given case:
  • (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 that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by 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 ordinance and 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 applicant.
  • (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.
  • (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.

• C. Powers Relative to Special Exceptions:
  Upon appeal, the Board shall be empowered to permit the following special exceptions in addition to those otherwise specifically set forth in other parts of the ordinance:
  • (1) To permit the reconstruction of a district where the boundary line of a district divides a lot of record in single ownership.
  • (2) To permit the reconstruction, alteration, extension or enlargement of a nonconforming building as provided in Article XVII.
  • (3) To interpret the provisions of the Zoning Ordinance where the street layout actually on the grounds varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this Ordinance.
  • (4) To vary parking regulations of the Zoning Ordinance whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot as contrasted with merely granting an advantage or convenience.
  In granting a special exception, the Board may attach such reasonable conditions and safe guards, in addition to those expressed in this Ordinance as the Board may deem necessary to effectuate the purposes of this Ordinance. For further provisions relating to special exceptions, see Article XIV.

• D. Powers Relative to Zoning Challenges:
  The Zoning Hearing Board shall exercise the privileges given to it under Sections 909.1 of the Pennsylvania Municipalities Planning Code in reference to challenges to the validity of any provision of the Zoning Ordinance or the Zoning District Map.
• E. Exercise of Powers:
  In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals, the Board shall, before making any finding in a specific case, first determine that the proposed change will not permit a nonpermitted use for the district and will not impair an adequate supply of light and air to increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, and welfare of the Township. Every change granted or denied by the board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variation. The decision of the Board shall be made a part of any building permit in which variation is allowed.
• F. Required Action:
  The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to allow any variation of this Ordinance.
• G. Appeal from Action of the Board:
  Any party before the Board or any officer of the Township aggrieved by a determination of the Board may appeal to the Court of Common Pleas. All zoning appeals shall be filed with the prothonotary not later than thirty (30) days after issuance of the notice of the decision or report of the Board. Appellant's procedure shall follow the requirements of the Pennsylvania Municipalities Planning Code, Act 247.

SECTION 1903 PROCEDURE

• A. The Board shall hear and decide appeals filed with the Board in writing when it is alleged by any person aggrieved or by a proxy of the Aggrieved that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misappealed any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.
• B. The Board may also hear challenges to the validity of the Zoning Ordinance or map and shall hear all requests for variations and special exceptions filed with the Board by any landowner or any tenant with the permission of such landowner.
• C. The Board shall conduct hearings and make decisions in accordance with the following requirements:
  • (1) Notice shall be given to the public, the applicant, the county planning agency, the zoning officer, such other persons as the governing body shall designate by ordinance and to any person who has made timely request for the same. Hearing notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. The governing body may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance.
  • (2) 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, but the parties may waive decision or findings of the hearing officer as final.
  • (3) The parties to the hearing shall be any person who is entitled to notice under clause (1) without special request therefore, who has made timely appearance of record before the board and any other person permitted to appear by the Board.
  • (4) The chairman or acting chairman of the Board or the hearing officer 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.
  • (5) 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.
  • (6) Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
  • (7) The Board or the hearing officer, as the case may be, shall keep a record of the proceedings, either stenographically or by sound recording, the costs of such transcript shall be assessed against the applicant. A transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
  • (8) The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his 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 unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings with any party or his representatives unless all parties are given an opportunity to be present.
  • (9) 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 fortyfive (45) days. Each decision shall be accompanied by finding of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act or of any ordinance, 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 decision of facts are final, the Board shall make his report and recommendations available to the parties and the parties shall be entitled to make written recommendations thereon to the Board prior to final decision or entry of findings. Where the Board has power to render the same within the period require by this clause, the decision shall be deemed to have been rendered in favor of the applicant.
  • (10) 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 which the full decision or findings may be examined.

• D. Upon the filing of any proceeding with the Board challenging an ordinance under Section 910 of the Pennsylvania Municipalities Planning Code, Act 247, all proceedings and all official action pursuant to the completed ordinance shall be stayed unless the Zoning Officer certifies to the Board facts indicating that such stay would cause imminent peril to life or property in which event a restraining order may be granted by the Board.
• E. A fee of Five Hundred and 00/100 ($500.00) Dollars shall be paid by the applicant at the time any appeal or request for a hearing is filed, provided that in cases where the property use proposed is solely family owned and occupied agricultural or applicant-owned single family residence, the advance fee shall be $250.00. At the conclusion of the hearing or proceeding or at any time during its pendency the Township may assess the applicant for "costs" as permitted to be assessed by the MPC incurred by the Zoning Hearing Board or the Township in the conduct of the proceedings.

  A fee may be charged by the Township for the reproduction, clerical services, materials, supplies or other costs incurred by the Township in supplying materials, exhibits or other documents requested by any individual.

  All fees shall be paid to Conemaugh Township to be deposited in the General Fund.

• F. The Township Supervisors shall agree to refund a portion of such fee paid which represents in the Supervisors best determination or excess over costs expended where any dispute has ended and more than 30 days have passed since the decision of the Zoning Hearing Board.

Zoning Ordinance Table of Contents

Conemaugh Township can be contacted at:
Conemaugh Township Supervisors
104 Janie St.
Johnstown PA 15902
phone: 814-535-6924
Conemaugh Township, Cambria County Home Page

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