[Ord. No. 11/8/1989, 11/8/1989,
§ 601]
1.
In accordance with Article IX of the Planning Code,[1] a Zoning Hearing Board shall be appointed by Borough Council, which shall adopt rules to govern its procedures. The Board shall hold meetings, keep minutes and, pursuant to public notice, conduct hearings, compel the attendance of witnesses, take testimony under oath, and render decisions or reports of findings. For the filing of any appeal or proceeding with the Board, a hearing fee shall be charged in accordance with a schedule established by Borough Council. All Borough costs associated with §§ 27-602, 27-603 and 27-604 over and above the hearing fee shall be borne by the applicant. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs. The stenographer's appearance fee is split between the applicant and the Board, while the transcription costs are paid by the party requesting the transcript.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
2.
The membership of the Board shall be arranged in accordance with
the provisions of Section 903 of the Planning Code.[2] The organization of the Board shall be based upon Section
906 of the Planning Code[3] and the removal of any members of the Board shall be undertaken
pursuant to Planning Code.[4] There may be compensation to any member or alternate member
of the Board for the performance of his or her duties, and the Borough
Council may, from time to time, appropriate monies for clerical, technical
or legal consultants for necessary services as well, based upon Section
907 of the Planning Code.[5]
[Ord. No. 11/8/1989, 11/8/1989,
§ 602; as amended by Ord. No. 01/13/99, 1/13/1999, §§ 1, 3]
1.
The Zoning Hearing Board shall conduct meetings and hearings and
make decisions on matters as provided by this chapter in accordance
with provisions of Sections 909, 910, 912 and 913 of the following
Code,[1] which includes the following functions:
A.
Appeals from the Zoning Officer. The Board shall hold a hearing and
decide all appeals where it is alleged by the appellant that the Zoning
Officer or the municipal engineer has failed to follow prescribed
procedures or has misinterpreted or misapplied any provision of this
chapter or Map or any valid rule or regulation governing the action
of the Zoning Officer. Such appeals of determination shall be filed
in accordance with Section 909 of the Planning Code.[2]
[2]
Editor's Note: 53 P.S. 10909 was repealed 12-21-1988 by P.L.
1329, No. 170.
B.
Variances. The Board shall hear requests for variances, in accordance
with Section 912 of the Planning Code,[3] where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Board may grant
a variance, provided the following findings are relevant:
(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 or conditions 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)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation.
(6)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes and objectives of this chapter.
[3]
Editor's Note: 53 P.S. 10912 was repealed 12-21-1988 by P.L.
1329, No. 170.
C.
Challenge to the Validity of the Zoning Map or Chapter. The Board
shall hear challenges to the validity of this chapter or Map in accordance
with Section 910 of the Planning Code.[4] At the conclusion of the hearing, the Board shall decide
all contested questions and shall make findings on all relevant issues
of fact, which shall become a report and part of the record on appeal
to the courts.
[4]
Editor's Note: 53 P.S. § 10901 was repealed 12-21-1988
by P.L. 1329, No. 170.
D.
Unified Appeals. Where the Board has jurisdiction over a zoning matter,
it shall also hear all appeals which an applicant may elect to bring
before it with respect to any municipal ordinance or requirement pertaining
to the same development plan or development. In any such case, the
Board shall have no power to pass upon the nonzoning issues, but shall
take evidence and make record thereon as provided in Section 913.1
of the Planning Code.[5] At the conclusion of the hearing, the Board shall make
findings on all relevant issues of fact which shall become a report
and part of the record on appeal to courts.
[5]
Editor's Note: 53 P.S. § 10913.1 was repealed 12-21-1988
by P.L. 1329, No. 170.
E.
Request and Application Procedure. All requests or appeals made to
the Board shall be in writing on forms prescribed by the rules of
procedure by the Board. Every appeal or application shall refer to
the specific provision of the chapter involved and shall set forth
the interpretation that is claimed, the use which is sought, or the
details of the variance that is applied for, and the grounds on which
it is claimed a request should be granted. At least 10 days before
the date of the hearing on a request, application or appeal, the Board
shall transmit to the Planning Commission a copy of said request,
application or appeal in order that the Planning Commission may have
an opportunity to submit a report to the Board, if it so desires.
F.
Fees. At its 1999 organizational meeting, Wesleyville Borough Council
shall adopt, by resolution, a comprehensive fee schedule establishing
the amount of each fee for the calendar year of 1999. Thereafter,
Wesleyville Borough Council shall at its regular June meetings adopt,
by resolution, a comprehensive schedule establishing the amount of
each fee to be effective from January 1 through December 31 of the
following calendar year. A written summary of the comprehensive fee
schedule shall be available to the general public at the Borough's
office, located at 3421 Buffalo Road, Wesleyville, Pennsylvania 16510.
[1]
Editor's Note: 53 P.S. §§ 10909, 10910, 10912
and 10913 were repealed 12-21-1988 by P.L. 1329, No. 170.
[Ord. No. 11/8/1989, 11/8/1989,
§ 603]
The Board shall conduct hearings and make decisions in accordance
with Sections 908 and 909.1 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10908 and 10909.1.
[Ord. No. 11/8/1989, 11/8/1989,
§ 604]
Any resident or landowner in the Borough who is aggrieved by
any decision of the Board may, within 30 days after such decision
of the Board, appeal therefrom in accordance with Article X-A of the
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
