The Zoning Hearing Board which is presently in existence shall
continue to constitute the Zoning Hearing Board of the Borough of
Munhall under this chapter. Matters pending before the Zoning Hearing
Board at the time this chapter becomes effective shall continue and
be completed under the law(s) in effect at the time the particular
petition(s) regarding the issue was filed.
Those members of the Board existing under the prior zoning ordinance
are hereby reappointed and shall serve out their unexpired terms as
members of the present Board, in accordance with the provisions of
this article.
The Zoning Hearing Board shall consist of three residents of the Borough of Munhall appointed by Council. The members of the existing Board shall continue to serve in office in accordance with §
440-79. The term of office shall be three years and shall be so fixed so that the term of office of one member of the Board shall expire each year. Members of the Board shall hold no other office in the Borough of Munhall.
The Board shall promptly notify the Council of any vacancies
which occur. Appointments by the Council to fill vacancies shall be
only for the unexpired portion of the term.
A member of the Board may be removed for malfeasance of nonfeasance
in office or for other just cause by a majority vote of Council. The
Board member must receive a majority vote of Council. The Board member
must receive 15 days' advance written notice of the intent of Council
to vote on the member's removal. The written notice shall be
accompanied by a clear, written statement of the specific charges.
A hearing shall be held in connection with the vote if the Board member
shall so request in writing.
The Board shall elect its officers from its own membership.
The officers shall serve annual terms 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 hearings on its behalf, and the parties may waive further
action by the Board, as provided by the MPC.
The Board may make, alter and rescind rules and regulations
and forms for its procedures, such as are consistent with the ordinances
of the Borough of Munhall and the laws of Pennsylvania. The Board
shall keep full public records of its business and shall submit a
report of its activities to the Council annually. All records and
rules of the Board shall be on file for public inspection in the office
of the Borough Manager.
Within the limit of funds appropriated by Council, 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 Council, but in no case shall such compensation exceed the
rate of compensation authorized to be paid to Council members.
Public notice of any public hearing shall be in accordance with
the standards and procedures established in the MPC. Public notice
shall be given and written notice shall be given to the applicant,
the Zoning Officer and to any person who has made timely request for
the same. Written notices shall be given at such time and in such
manner as shall be prescribed by rules of the Board. In addition to
the written notice provided herein, written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
[Amended 6-16-1998 by Ord. No. 1426]
The Board shall, in accordance with the provisions of the MPC,
have the power and duty to perform the following functions:
A. To hear and decide appeals from any administrative order, determination
or requirement made by the Zoning Officer in the administration and
enforcement of this chapter where it is alleged that the Zoning Officer
has failed to follow prescribed procedures or has misinterpreted or
misapplied any provision of a valid ordinance, map or rule or regulation
governing the action of the Zoning Officer.
B. To hear substantive challenges to the validity of this chapter or
the Zoning Map, as prescribed by the MPC, except those brought before
Council pursuant to §§ 609.1 and 916.1(a)(2) of the
MPC.
C. To hear and decide requests for a variance from the requirements
of this chapter where it is alleged that the strict application of
the provisions of this chapter would result in an unnecessary hardship
that would deprive the owner of the reasonable use of the land. The
Board shall also have the power to attach such conditions to the variance
as it deems necessary to implement the general purpose and intent
of this chapter. No variance shall be granted unless the Board determines,
and fully describes in its findings, that all of the following tests
can be answered in the affirmative:
(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 provisions
of the chapter in 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 provisions of this chapter, and that the 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 appellant
(applicant) or a predecessor in title.
(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.
D. To hear and decide requests for special exceptions which are expressly permitted by the provisions of this chapter and subject to the standards and criteria set forth in Article
X of this chapter.
E. To hear, where the Board has jurisdiction over zoning matters in
this article, all other appeals which the applicant may elect to bring
before it with respect to any Borough ordinance or requirement pertaining
to the same development plan or development. The Board shall take
evidence and make findings on all relevant issues of fact. However,
the Board shall have no power to act upon issues which do not relate
directly to this chapter. Nor shall the Board assume any authority
to grant relief not specifically authorized by this chapter.
F. Whenever any person or entity files an appeal to the Munhall Zoning Board pursuant to Subsection
A hereof and pays a fee in connection with that appeal, the Board in its discretion may order the return of all or a portion of the fee paid by the appealing, successful party, provided that there is no appeal to the Court of Common Pleas within the applicable time. If there is an appeal from the decision of the Board, such refund will not be payable until final resolution in favor of the appellant by the exhaustion of all further appeals.
Any previously approved variance shall be automatically revoked
under any one of the following three circumstances:
A. Immediately upon adoption of this chapter, provided that a building
permit authorizing the work approved by the Board has not been issued
within the past 24 calendar months and any portion of the work has
not been completed in full accordance with the approved plans and/or
conditions.
B. Immediately upon adoption of this chapter, provided that a building
permit authorizing the work approved by the Board has been issued
within the past 24 calendar months, but substantial progress has not
made toward completion of the project in full accordance with the
approved plans and/or conditions within the one-hundred-eighty-calendar-day
period immediately preceding adoption of this chapter.
C. At any point in time in the future, provided that a building permit
authorizing the work approved by the Board has been issued within
the past 24 calendar months and substantial progress has been made
toward completion of the project within the one-hundred-eighty-calendar-day
period immediately preceding adoption of this chapter, but not all
of the work is completed in full accordance with approved plans and/or
conditions within a period of 24 calendar months of the original date
of approval.
Any party aggrieved by any decision of the Board may appeal
therefrom within 30 days to the Court of Common Pleas of Allegheny
County.