[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
There is hereby created a Zoning Hearing Board, herein referred
to as the "Board," consisting of five members, who are residents of
the City appointed by the City Council pursuant to the Pennsylvania
Municipalities Planning Code, as amended. Said Board shall perform
all the duties and exercise all powers prescribed by said Code and
as herein further provided.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
The terms of office of the Board shall be five years and shall
be so fixed that the term of office of one member shall expire each
year. The Board shall promptly notify the City Council of any vacancies
which occur. Appointments to fill vacancies shall be only for the
unexpired portion of the term. Members of the Board shall hold no
other office in the City, nor be a member of the Planning Commission.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office, or for other just cause, by a majority vote
of the City Council, 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.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
The Board shall elect from its own membership its officers,
who shall serve annual terms as such and may succeed themselves. For
the conduct of any hearing or the taking of any action, a quorum shall
be not less than the majority of all the members of the Board. The
Board may appoint a hearing officer from its own membership to conduct
any hearing on its behalf, and the parties may waive further action
by the Board as provided in Section 908 of the Planning Code.[1] The Board may make, alter and rescind rules and forms
for its procedure, consistent with City ordinances and laws of the
commonwealth. The Board shall keep full public records of its business
and shall submit a report of its activities to the City Council annually.
[1]
Editor's Note: See 53 P.S. § 10908.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
Within the limits of funds appropriated by the City 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 from time to time by the City Council, but in no case
shall it exceed the rate of compensation authorized to be paid to
the members of the City Council.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
Where legal counsel is desired, an attorney, other than the
City Solicitor, shall be used.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
The Board shall conduct hearings and make decisions in accordance
with the following requirements. [NOTE: The following requirements
are taken from the Pennsylvania Municipalities Code (Act 247 of 1968,
as amended); any subsequent revisions to this code are adopted by
this reference.]
507.1.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the governing
body shall designate by ordinance 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 ordinance or, in the
absence of ordinance provision, 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.
507.2.
The City Council may prescribe reasonable fees with respect to hearings
before the Zoning Hearing Board. Fees for said hearings may include
compensation for the secretary and members of the Zoning Hearing Board,
notice and advertising costs and necessary administrative overhead
connected with the hearing. The costs, however, shall not include
legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
507.3.
The hearing shall be held within 60 days from the date of the applicant's
request, unless the applicant has agreed in writing to an extension
of time.
507.4.
The hearings shall be conducted by the Board or the Board may appoint
any member as a hearing officer. The decision, or, where no decision
is called for, the findings shall be made by the Board, but the parties
may waive decision or findings by the Board and accept the decision
or findings of the hearing officer as final.
507.5.
The parties to the hearing shall be the City, any person affected
by the application who has made timely appearance of record before
the Board, and any other person including civic or community organizations
permitted to appear by the Board. The Board shall have power to require
that all persons who wish to be considered parties enter appearances
in writing on forms provided by the Board for that purpose.
507.6.
The Chairman or Acting Chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
507.7.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
507.8.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
507.9.
The Board or the hearing officer, as the case may be, shall keep
a stenographic record of the proceedings. 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.
507.10.
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, except that advice from the Board's Solicitor
is exempt from this restriction; shall not take notice of any communication,
reports, staff memoranda, or other materials unless the parties are
afforded an opportunity to contest the material so noticed; and shall
not inspect the site or its surroundings after the commencement of
hearings with any party or his representative unless all parties are
given an opportunity to be present.
507.11.
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 within 45 days after the last hearing
before the Board or hearing officer. Where 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 Ordinance or the Planning
Code, or any rule or regulation, shall contain a reference to the
provision 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 decision
or findings are final, the Board shall make his 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. Where the Board fails to render the decision within the period
required by this Ordinance or the Planning Code, or fails to hold
the required hearing within 60 days from the date of the applicant's
request for a hearing, 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. When a decision has been
rendered in favor of the applicant because of the failure of the Board
to meet or render a decision as hereinabove provided, the Board shall
give public notice of said decision within 10 days in the same manner
as provided in the Pennsylvania Municipalities Planning Code. Nothing
in this subsection shall prejudice the right of any party to appeal
the decision to a court of competent jurisdiction.
507.12.
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 not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide, by mail
or otherwise, brief notice of the decision or findings and a statement
of the place at which the full decision or findings may be examined.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
508.2.
Challenges to the validity of a land use ordinance 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 said ordinance. Where the ordinance appealed
from is the initial Zoning Ordinance of the City and a Zoning Hearing
Board has not been previously established, the appeal raising procedural
questions shall be taken directly to court.
508.3.
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.
508.4.
Appeals from a determination by the City Engineer or the Zoning Officer
with reference to the administration of any floodplain or flood hazard
ordinance or such provisions within a land use ordinance.
508.5.
508.8.
Appeals from the determination of the Zoning Officer 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 Article V or VII applications of the Planning Code.
508.9.
Variances.
(a)
The Board shall hear requests for variances where it is alleged that
the provisions of this Ordinance inflict unnecessary hardship upon
the applicant. The Board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The
Board may grant a variance, provided that following findings are made
where relevant in a given case:
(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 this Ordinance 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 Ordinance 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 applicant;
(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; and
(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.
(6)
Such modifications are necessary to provide "reasonable accommodation"
required by the Americans with Disabilities Act and/or the Federal
Fair Housing Act and/or applicable state law, as amended.
(7)
Only persons who the applicant proves have "disabilities" as
defined in and protected by such laws are served.
(8)
The standards for such accommodation as listed above are met.
(b)
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purpose of
this Ordinance.
508.10.
Special exceptions. The Board shall hear and decide requests for
such special exceptions in accordance with the standards and criteria
of this Ordinance. In granting a special exception, the Board may
attach such reasonable conditions and safeguards, in addition to those
expressed in this Ordinance, as it may deem necessary to implement
the purposes of the Planning Code and the Zoning Ordinance.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
Appeals under Section 508 and proceedings to challenge the Ordinance under Section 508 may be filed with the Board, in writing, by the landowner affected, any officer or agency of the City, or any person aggrieved. Requests for a variance under Section 508 may be filed with the Board by any landowner or any tenant with the permission of such landowner.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
510.1.
No person shall be allowed to file any proceeding with the Board
later than 30 days after an application for development, preliminary
or final, has been approved by an appropriate City 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. See also Section 914.1 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10914.1.
510.2.
A building permit or zoning certificate must be issued within one
year from the date of the Zoning Hearing Board written decision or
any appellate proceedings which may follow. Failure to do so will
result in a voided decision.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
Upon filing of any proceeding referred to in Section 913.3 of
the Pennsylvania Municipalities Planning Code[1] and during its pendency 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
court having jurisdiction of zoning appeals on petition after notice
to the Zoning Officer or other appropriate agency or body. See also
Section 915.1 of the Planning Code.[2]
