A Zoning Hearing Board is hereby created. Said
Board shall consist of three members appointed by the Council. The
initial terms of the first three members shall be as follows: One
shall serve until the first Monday of January following the adoption
of this chapter; one until the first Monday of the second January
following the adoption of this chapter; and the other until the first
Monday of the third January following the adoption of this chapter.
Their successors shall serve for terms of three years. Any vacancy
shall be filled for the unexpired term only. A Board member may be
removed for official misconduct or neglect of duty. The Zoning Hearing
Board shall organize and elect a Chairman and a Secretary from its
membership and shall prescribe rules for the conduct of its affairs
in accordance with applicable law.
The procedure of the Board shall be governed
by the provisions of applicable laws of the Commonwealth of Pennsylvania
and such rules, not inconsistent therewith, as the Board may adopt.
In general, the procedure for appeal from action of the Zoning Officer
shall be as follows:
A. Any appeal from the requirements of this chapter shall
be taken by filing with the officer from whom the appeal is taken
and with the Board a notice of appeal, specifying the grounds therefor.
The officer from whom the appeal is taken shall forthwith transmit
to the Board all of the documentary material constituting the record
upon which the action appealed was taken.
B. The appellant shall, at the time of filing his appeal,
pay the enforcing officer a fee as set forth from time to time by
resolution of the Borough Council to defray or help defray the cost
of the required advertising.
[Amended 10-20-1998 by Ord. No. 667]
C. Each appeal shall be considered on its merits at a
public hearing. Notice of such appeal shall be given by publishing
such in a newspaper of general circulation in the borough and in accordance
with applicable law. The Board shall give the additional notice required
by law to all parties in interest, and they may adjourn any hearing
for the purposes of giving such further notice.
D. The Planning Commission shall furnish all pertinent
narrative material, maps, charts and other data relative to the problem
involved, for reference by all concerned. The Board may adjourn any
hearing for the purpose of reviewing such data as may be pertinent
to the problem involved and to request interpretations of said data
by a representative of the Planning Commission.
E. The Board shall decide each appeal within a reasonable
time, and notice thereof shall be given to all parties in interest.
The decision of the Board shall be immediately filed in its office,
and if a variance is granted, it must be entered in the minutes of
the Council so as to be of public record. In the exercise of its functions
upon such appeals or upon exceptions, the Board may, in conformity
with law, reverse or affirm, wholly or partly, or modify the order,
requirement, decision or determination appealed from or make such
order, requirement, decision or determination as, in its opinion,
ought to be made. The Board must reach a decision within 45 days or
it will be deemed a favorable decision.
F. Any person aggrieved by any decision of the Board
or any borough officer affected thereby may appeal therefrom, within
30 days, to the Court of Common Pleas as provided by law.