[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]
508.1. 
Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to Sections 609.1 and 916.1(a)(2) of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10609.1 and 10916.1, respectively.
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. 
Applications for variances from the terms of the Zoning Ordinance and Flood Hazard Ordinance[2] or such provisions within a land use ordinance, pursuant to Section 910.2 of the Planning Code[3] and Section 508.9 of this Ordinance.
[2]
Editor's Note: See Article 945, Floodplain Management Regulations.
[3]
Editor's Note: See 53 P.S. § 10910.2.
508.6. 
Applications for special exceptions under this Ordinance or the Floodplain Ordinance. See also Section 508.10.
508.7. 
Appeals from the Zoning Officer's determination under Section 916.2 of the Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10916.2.
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]
[1]
Editor's Note: See 53 P.S. § 10913.3.
[2]
Editor's Note: See 53 P.S. § 10915.1.