A.
The City of Washington and Borough of East Washington shall each
maintain a separate Zoning Hearing Board, each of whom will be responsible
for decisions within their respective municipalities.
B.
The existing Zoning Hearing Board of the City of Washington and the
existing Zoning Hearing Board of the Borough of East Washington shall
continue to serve.
C.
The word "Board" when used in this chapter shall mean the Zoning
Hearing Board of the City of Washington and/or the Zoning Hearing
Board of the Borough of East Washington. Both Boards shall be governed
by the same parameters as outlined herein.
A.
The City of Washington Zoning Hearing Board shall consist of three
members who shall be residents of the City, to be appointed by City
Council for terms of three years each.
B.
The Borough of East Washington Zoning Hearing Board shall consist
of three members who shall be residents of the Borough, to be appointed
by Borough Council for terms of three years each.
C.
Appointments shall be so established that the term of office of no
more than one member of the Board shall expire each year. Members
of the Board shall hold no other elected or appointed office in the
municipality, nor be an employee of the municipality.
D.
Vacancies shall be filled for the unexpired term of any member whose
place becomes vacant. The Board Chairperson shall promptly notify
Council when vacancies exist.
E.
Any Board member may be removed for malfeasance, misfeasance or nonfeasance
in office or for other just cause by a majority vote of the governing
body which appointed the member, taken after the member has received
15 days' advance notice of the intent to take such a vote. A
hearing shall be held in connection with the vote if the member shall
request it in writing.
F.
Alternate members.
(1)
Council may appoint at least one but no more than three residents
of the City to serve as alternate members of the Board.
(2)
Council may appoint at least one but no more than three residents
of the Borough to serve as alternate members of the Board.
(3)
The term of office of an alternate member shall be three years.
(4)
When seated as a member, the alternate member 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. Designation of an alternate pursuant to this subsection
shall be made by the Chairperson of the Zoning Hearing Board on a
case-by-case basis in rotation according to declining seniority among
all alternates.
G.
Participation by alternate members. If, by reason of absence or disqualification
of a member, a quorum is not reached, the Chairman of the Zoning Hearing
Board shall designate as many alternate members of the Board to sit
on the Zoning Hearing Board as may be needed to provide a quorum.
Any alternate member of the Board shall continue to serve on the Zoning
Hearing Board in all proceedings involving the matter or case for
which the alternate was initially appointed until the Zoning Hearing
Board has made a final determination of the matter or case.
A.
The Zoning Hearing Board shall adopt rules necessary to the conduct
of its affairs and in keeping with the provisions of this chapter.
Meetings shall be held at the call of the Chairperson or, in his absence,
the Acting Chairperson. The Chairperson or Acting Chairperson may
administer oaths and compel the attendance of witnesses. All meetings
shall be open to the public.
B.
The Board shall keep minutes of its proceedings, showing the vote
of each member upon each question or, if a member is absent or fails
to vote, an indication of such fact, and shall keep records of its
examinations and other official actions, all of which shall be public
record.
A.
Initiating action before the Board. All action before the Board shall
be initiated by a written application for a hearing which shall be
filed with the Zoning Officer at least 30 days prior to the meeting
at which the matter is to be heard. All applications shall be made
on forms provided by the municipality. No application shall be accepted
unless all exhibits and supplemental material required by the application
shall be attached and until all fees required shall have been paid.
B.
Hearing schedule. The Board may conduct hearings and make decisions
at any regular or special meeting. A hearing shall commence within
60 days of the filing of an administratively complete application,
unless the applicant has agreed in writing to an extension of the
time.
C.
Notification of hearing.
D.
Zoning Hearing Board decisions.
(1)
The Zoning Hearing Board shall render a decision or, when no decision
is called for, make written findings on the application in accordance
with the requirements of the MPC and within 45 days after the last
hearing before the Zoning Hearing Board. Where the application is
contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon, together with the reasons therefor.
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.
(2)
A copy of the final decision or, when no decision is called for,
of the findings, shall be delivered personally or mailed to the applicant
no later than the day following its date.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications on the following matters:
A.
B.
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 cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
D.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of the Zoning Ordinance.
A.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of the Zoning Ordinance inflict
unnecessary hardship upon the applicant.
B.
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 the time and place
of the hearing.
C.
Requests for a variance may be filed only by a landowner or any tenant
with the permission of such landowner.
D.
A variance from the terms of this chapter shall not be granted by
the Zoning Hearing Board unless:
(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 and 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 applicant.
(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)
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.
E.
Review by Planning Commission. The Zoning Hearing Board may request
the review and comments of the Planning Commission on any variance
application, which shall be made part of the public record.
G.
Expiration. The grant of a variance shall expire one year after the
date of the Zoning Hearing Board's written decision unless the
applicant has applied for and obtained a building permit and commenced
construction, or, in the 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.
A.
Appeals may be filed with the Board in writing by the landowner affected,
by any officer or agent of the City or Borough or any person aggrieved.
B.
Time limitations.
(1)
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by an appropriate City or
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 interest.
(2)
Any appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
(3)
Information required on appeals to the Board. All appeals from a
decision of the Code Officer and applications to the Board shall be
in writing on forms prescribed by the Board. Every appeal or application
shall include the following:
(a)
The name and address of the applicant or appellant.
(b)
The name and address of the owner of the zone lot to be affected
by much proposed change or appeal.
(c)
A brief description and location of the zone lot to be affected
by much proposed change or appeal.
(d)
A statement of the present zoning classification of the zone
lot in question, the improvements thereon and the present and the
present use thereof.
(e)
A statement of the section of this chapter under which the appeal
is made, and reasons why it should be granted, or a statement of the
section of this chapter governing the situation in which the alleged
erroneous ruling is being appealed, and the reason for appeal.
(f)
A reasonably accurate description of the present improvements,
and the additions or changes intended to be made under this application,
indicating the size of such proposed improvements, material and general
construction thereof. In addition, there shall be attached a plot
plan of the real property to be affected, indicating the location
and size of the lot and size of improvements thereof and proposed
to be erected thereon.
A.
Upon the filing of proceedings before the Zoning Hearing Board appealing
a determination of the Zoning Officer, challenging an ordinance or
requesting a variance or special exception, and during the pendency
of such proceedings before the Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or of any agency or body and all official action thereunder 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 which case the development
or official action shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by the Washington County
Court of Common Pleas on petition after notice to the Zoning Officer
or other appropriate agency or body.
B.
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 Zoning Hearing Board by persons other than the
applicant, the applicant may petition the Washington County Court
of Common Pleas to order such persons to post a bond as a condition
to continuing the proceedings before the Zoning Hearing Board, pursuant
to provisions of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
