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 §§ 72-58, 72-59 and 72-60 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. The membership of the Board shall be arranged in accordance with the provisions of Section 903 of the Planning Code.[2] The organization of the Board shall be based upon Section
906 of the Planning Code[3] and the removal of any members of the Board shall be undertaken
pursuant to Section 905 of the Planning Code.[4] 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 moneys for clerical, technical
or legal consultants for necessary services as well, based upon Section
907 of the Planning Code.[5]
The Zoning Hearing Board shall conduct meetings,
hearings and make decisions on matters as provided by this chapter
in accordance with the provisions of Sections 909, 910, 912 and 913
of the Planning Code,[1] 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 Section 909 of the Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10909.
B.
Variances. The Board shall hear requests for variances,
in accordance with Section 912 of the Planning Code,[3] where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Board may grant
a variance, provided that 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.
[3]
Editor's Note: See 53 P.S. § 10912.
C.
Challenge to the validity of the Zoning Map or ordinance.
The Board shall hear challenges to the validity of this chapter or
the Zoning Map in accordance with Section 910 of the Planning Code.[4] 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.
[4]
Editor's Note: See 53 P.S. § 10910.
D.
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 Section
913.3 of the Planning Code.[5] 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.
[5]
Editor's Note: See 53 P.S. § 10913.3.
E.
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 ordinance 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 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.
[1]
Editor's Note: See 53 P.S. §§ 10909,
10910, 10912 and 10913.
