[Amended 3-22-1982 by Ord. No. 1329; 5-11-1998 by Ord. No. 1626]
A Zoning Hearing Board shall be created for the purpose of reviewing applications for variances or special exceptions to this chapter and deciding whether there is a legitimate reason for granting relief or exception to a specific provision(s) of this chapter when requested.
The Zoning Hearing Board shall be created as prescribed by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, and shall have all authority, perform all duties, and exercise all powers vested in it by the provisions of the aforementioned act.
Special exceptions. Where this chapter has set forth expressed standards and criteria for special exceptions, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the enabling act and this chapter.
Standards and criteria. In considering any special exceptions, the Zoning Hearing Board shall not grant such special exception unless:
The property is suitable for the use desired.
The proposed use will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood.
Adequate public facilities, such as streets, water and sewers, are available.
The proposed use will not adversely affect public services and facilities, such as water, sewers, police and fire protection.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
Substantive challenges to the validity of any land use ordinance, except those brought before the City Council pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"; 53 P.S. §§ 10609.1 and 10916.1).
Challenges to the validity of a land use ordinance raising procedural or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 20 days after the effective date of said ordinance.
Appeals from the determination of the Zoning Administrator, including, but not limited to, the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order, or the registration or refusal to register any nonconforming use, structure or lot.
Appeals from the determination of any officer or agency charged with the administration of any transfer of development rights or performance density provisions of this chapter.
Appeals from the Zoning Administrator's determination under § 916.2 of the MPC, 53 P.S. § 10916.2.
Appeals from the determination of the Zoning Administrator or City Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VII of the MPC, 53 P.S. § 10501 et seq.
[Amended 5-11-1998 by Ord. No. 1626]
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with § 908 of the MPC, 53 P.S. § 10908. The City Council shall establish, by resolution, fees with respect to hearings before the Zoning Hearing Board.
Termination of permits. If, after a permit has been authorized by the Board, such permit is not applied for and not issued within a period of six months from the date of authorization, then such authorization shall be null and void, and no permit shall be issued thereunder.
Modification of a permit. Any permit so issued shall not be modified except by action of the Board.