A Zoning Hearing Board shall be created for the purposes of considering applications for variances or exceptions to the Zoning Ordinance and making decisions on appeals and challenges within the legal jurisdiction granted to Zoning Hearing Boards by the Commonwealth of Pennsylvania. It shall be created and maintained in accordance with the applicable provisions of Article
IX of MPC and this chapter. Its membership, organization and rules and procedures shall be as prescribed in the MPC.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render decisions on applications for variances and special exceptions and certain challenges and appeals in accordance with all applicable requirements of Article
IX of the MPC.
In consideration of challenges and appeals and applications for variances and special exceptions, the Zoning Hearing Board shall conduct hearings and make decisions in accordance with all applicable requirements of Article
IX of the MPC.
Where a decision of the Zoning Hearing Board authorizes issuance
of a zoning permit, the following shall apply:
A. Termination of zoning permits. If, after a zoning permit has been
authorized by the Board, a building permit is not applied for within
a period of six months from the date of authorization, then such authorization
shall be null and void and no building permit shall be issued thereunder.
B. Modification of a permit. Any zoning permit so issued shall not be
modified except by action of the Board.
Appeals and challenges within the jurisdiction of the Zoning
Hearing Board as prescribed by the MPC may be filed with the Board,
in writing, by the landowner affected, any officer or agency of the
borough or any person aggrieved. Applications for variance or special
exception may be filed with the Board by any landowner or tenant with
the permission of such landowner.
Requests for a hearing and action for appeals, challenges, variances
or special exceptions shall be accompanied by an application in such
form as shall be required by the Zoning Hearing Board and submitted
to the Zoning Officer. Such application shall include payment of a
reasonable fee based upon cost to be established by resolution of
the Borough Council and in accordance with the MPC.