[Ord. 970, 5/16/2007, § 1101]
The membership of the Board shall consist of three members appointed
by the Borough Council by resolution. Their terms of office shall
be three years and shall be so fixed that the term of office of one
member shall expire each year. The Board Chairman shall promptly notify
Borough Council when vacancies occur. Appointments to fill vacancies
shall be only for the unexpired portion of the term. Members of the
Board shall hold no other elected or appointed office in the Borough,
including membership on the Planning Commission and Zoning Officer,
nor shall any member be an employee of the Borough.
[Ord. 970, 5/16/2007, § 1102]
1.
Appointment of Alternate Members. The Borough Council shall appoint by resolution two residents of the Borough to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection 2, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other elected or appointed office in the Borough, including membership on the Planning Commission and Zoning Officer, nor shall any alternate be an employee of the Borough. Any alternate may participate in any proceedings or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to Subsection 2. Designation of an alternate pursuant to this subsection shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
2.
Participation by Alternate Members. If, by reason of absence or disqualification
of a member, a quorum is not reached, the Chairman of the Board shall
designate as many alternate members of the Board to sit on the Board
as may be needed to provide a quorum. Any alternate member of the
Board shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Board has made a final determination of the matter or case.
[Ord. 970, 5/16/2007, § 1103]
The Board shall elect its officers from its own membership,
who shall serve annual terms and may succeed themselves. For the conduct
of any hearing and the taking of any action, a quorum shall be a majority
of all the members of the Board, but the Board may appoint a hearing
officer from its own membership to conduct any hearing on its behalf,
and parties may waive further action by the Board as provided in this
Part. The Board may make, alter and rescind rules and forms for its
procedure consistent with this chapter and laws of the commonwealth.
The Board shall keep full public records of its business which records
shall be the property of the Borough, and submit a report of its activities
to Borough Council as requested by Borough Council.
[Ord. 970, 5/16/2007, § 1104]
1.
Within the limits of funds appropriated by the Borough Council, the
Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services.
2.
The Borough Council may, from time to time, establish reasonable
fees by resolution for hearings before the Board. Fees for said hearings
may include compensation for the Secretary and members of the Board,
notice and advertising costs and necessary administrative overhead
connected with the hearing. The fees, however, shall not include legal
expenses of the Board, expenses for engineering, architectural or
other technical consultants or expert witness costs.
3.
Stenographer's Appearance Fee and Transcripts. The appearance fee
for a stenographer shall be shared equally by the applicant and the
Board. The cost of the original transcript shall be paid by the Board
if the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event, the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
[Ord. 970, 5/16/2007, § 1105]
1.
The Board shall have exclusive jurisdiction to hear and render final
adjudications in the following matters:
A.
Substantive challenges to the validity of this chapter, except those
challenges brought before the Borough Council pursuant to §§ 609.1
and 916.1(a)(2) of the MPC, 53 P.S. §§ 10609.1, 10916.1(a)(2).
B.
Challenges to the validity of this chapter raising procedural questions
or alleged defects in the process of enactment or adoption, which
challenges shall be raised by an appeal taken within 30 days after
the effective date of this chapter or any amendment thereto.
C.
Appeals from the determination of the Zoning Officer including, but
not limited to, the granting or denial of any permit, or failure to
act on the application therefor, the issuance of any enforcement notice
or the registration or refusal to register any nonconforming use,
structure or lot.
D.
Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of Chapter 8 of the Forest Hills Borough Code of Ordinances, "Floodplains."
E.
Applications for variances from the terms of this chapter and Chapter 8 of the Forest Hills Borough Code of Ordinances, "Floodplains."
F.
Applications for special exceptions under terms of this chapter and Chapter 8 of the Forest Hills Code of Ordinances, "Floodplains," to the extent authorized by the same.
G.
Appeals from the Zoning Officer's preliminary opinion determination
as authorized by § 916.2 of the MPC, 53 P.S. § 10916.2.
[Ord. 970, 5/16/2007, § 1106]
Appeals under this Part may be filed with the Board in writing
by the landowner affected, by any officer or agency of the Borough
or any person aggrieved. Requests for a variance or special exception
may be filed with the Board only by a landowner or any tenant with
the permission of such landowner.
[Ord. 970, 5/16/2007, § 1107]
1.
Application. The Board shall hear requests for variances where it
is alleged that the strict application of the provisions of this chapter
inflict unnecessary hardship upon the applicant. Application for a
variance shall be made in writing on the prescribed form obtained
from the Zoning Officer. The Zoning Officer shall forward the application
to the Board, which shall determine a time and place of the hearing.
2.
Review by Planning Commission. The Board shall request the review
and comments of the Planning Commission on any variance application,
which shall be made part of the record before the Board.
3.
Standards for Variances. The Board may grant a variance, provided
that all the following findings are made where relevant in a given
case:
A.
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 this chapter in the neighborhood or district in which the property
is located.
B.
That, because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
which the provisions of this chapter; and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
C.
That such unnecessary hardship had not been created by the applicant.
D.
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.
E.
That the variance, if authorized, will represent the minimum variance
which will afford relief and represent the least modification possible
of the regulation in issue.
4.
Limitations and Conditions.
A.
The grant of a variance shall expire one year after the date of the
Board's written decision unless (1) the applicant has applied for
and obtained a building permit and commenced construction, or (2)
in a case where the variance does not require the issuance of a building
permit, the applicant has applied for and obtained an occupancy permit
and has commenced the use which is the subject of the variance.
B.
In granting a variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of this chapter and the MPC, 53 P.S. § 10101 et seq.
[Ord. 970, 5/16/2007, § 1108]
The Zoning Hearing Board shall use the general standards in § 27-904 in addition to any other requirements in this chapter for a specific type of use or development.
[Ord. 970, 5/16/2007, § 1109]
1.
In accordance with Part 12 of this chapter, the Zoning Hearing Board shall hear requests for a change of one nonconforming use to another nonconforming use. Before approving an application, the Board shall determine that:
A.
The proposed use is within the same type of use category as the original
nonconforming use, such as one personal service business to another.
In making a determination of similar uses, the Board shall be guided
by the definitions in this chapter or, where not so defined, Federal
Office of Management and Budget's Standard Industrial Classification
Manual (current edition).
B.
The proposes use shall not be any more objectionable than the original
nonconforming use in terms of traffic generation and requirements
for off-street parking and loading; outdoor storage of wastes, materials,
supplies and equipment; minimum yard, height, area and volume of all
structures.
[Ord. 970, 5/16/2007, § 1110]
1.
No person shall file any proceeding with the Board later than 30
days after an application for development, preliminary or final, has
been approved by an appropriate Borough officer, agency or body, if
such proceeding is designed to secure reversal or to limit the approval
in any manner, unless such person alleges and proves that he had no
notice, knowledge, or reason to believe that such approval had been
given. If such person has succeeded to his interest after such approval,
he shall be bound by the knowledge of his predecessor in interest.
2.
The failure of anyone, other than the landowner, to appeal from an
adverse decision by the Zoning Officer on a challenge to the validity
of this chapter or Zoning Map pursuant to § 916.2 of the
MPC, 53 P.S. § 10916.2, shall preclude an appeal from a
final approval, except in the case where the final submission substantially
deviates from the approved tentative or preliminary approval.
3.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued, except appeals of the Zoning Officer's issuance of an enforcement
notice, which shall be filed within 10 days after receipt of the enforcement
notice.
[Ord. 970, 5/16/2007, § 1111]
1.
Upon filing of any proceeding referred to in § 27-1105 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body and all official action there under shall be stayed, unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property. In this case, the development or official action shall not be stayed otherwise than by a restraining order which may be granted by the Board or the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body.
2.
When an application for development, preliminary or final, has been
duly approved and proceedings designed to reverse or limit the approval
are filed with the Board by persons other than the applicant, the
applicant may petition the Allegheny County Court of Common Pleas
to order such persons to post a bond as a condition to continuing
the proceedings before the Board, pursuant to provisions of the MPC,
53 P.S. § 10101 et seq.
[Ord. 970, 5/16/2007, § 1112]
The public hearing shall commence within 60 days of the filing
of an administratively complete application. Public notice, as defined
herein, of the public hearing shall be advertised and posted as required
by the MPC, 53 P.S. § 10101 et seq., and in addition thereto
the Board shall post at least one copy of the notice on the affected
property and shall mail a copy of the notice by regular mail at least
one week prior to the hearing to each adjoining property owner, including
those located across a public right-of-way. The Board shall comply
with all requirements of Article IX of the MPC, 53 P.S. § 10901
et seq., regarding the conduct of public hearings.
[Ord. 970, 5/16/2007, § 1113]
1.
The Board or the hearing officer, as the case may be, shall render
a written decision or, when no decision is called for, make written
findings on the application in accordance with the requirements of
the MPC, 53 P.S. § 10101 et seq., and within 45 days after
the last hearing before the Board or hearing officer. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon, together with the reasons therefore.
Conclusions based on any provisions of this chapter or any other land
use ordinance, rule or regulation or any provision of the MPC shall
contain a reference to the provisions relied on and the reasons why
the conclusion is deemed appropriate in the light of the facts found.
If the hearing is conducted by a hearing officer and there has been
no stipulation that his/her decision or findings are final, the Board
shall make his/her report and recommendations available to the parties
within 45 days, and the parties shall be entitled to make written
representations thereon to the Board prior to final decision or entry
of findings, and the Board's decision shall be entered no later than
30 days after the report of the hearing officer.
2.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him no later than the day following its date.
3.
Deemed Decisions.
A.
Where the Board fails to render the decision within the required
forty-five-day period or fails to commence or complete the hearing
as required by this chapter and the MPC, 53 P.S. § 10101
et seq., the decision shall be deemed to have been rendered in favor
of the applicant, unless the applicant has agreed in writing or on
the record to an extension of time.
B.
When a decision has been rendered in favor of the applicant because
of failure of the Board to meet or render a decision, the Board shall
give public notice of the decision within 10 days from the last day
it could have met to render a decision. If the Board shall fail to
provide such notice, the applicant may do so. Nothing in this subsection
shall prejudice the right of any party opposing the application to
appeal the decision to the Allegheny County Court of Common Pleas.
[Ord. 970, 5/16/2007, § 1114]
1.
Parties to proceedings authorized in this chapter may utilize mediation
as an aid in completing such proceedings. In proceedings before the
Board, in no case shall the Board initiate mediation or participate
as a mediating party. Mediation shall supplement, not replace, those
procedures in this chapter once they have been formally initiated.
Nothing in this section shall be interpreted as expanding or limiting
municipal police powers or as modifying any principles of substantive
law.
2.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. The Borough, in offering
the mediation option, shall assure that, in each case, the mediating
parties, assisted by the mediator as appropriate, develop terms and
conditions for:
A.
Funding mediation.
B.
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
C.
Completing mediation, including time limits for such completion.
D.
Suspending time limits otherwise authorized in this chapter or the
MPC, 53 P.S. § 10101 et seq., provided there is written
consent by the mediating parties, and by an applicant or Borough decision-making
body, if either is not a party to the mediation.
E.
Identifying all parties and affording them the opportunity to participate.
F.
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
G.
Assuring that mediated solutions are in writing and signed by the
parties, and become subject to review and approval by the appropriate
decision making body pursuant to the authorized procedures set forth
in this chapter.
3.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
[Ord. 970, 5/16/2007, § 1115]
All appeals from decisions rendered by the Board shall be taken
to the Allegheny County Court of Common Pleas and shall be filed within
30 days after the entry of the decision or, in the case of a deemed
decision, within 30 days after the date upon which notice of said
deemed decision is given as required by this chapter.
