Borough of Verona, PA Article XVI Zoning Hearing Board

§ 250-79 Redesignation of appeals board.

The Zoning Board of Adjustment is hereby redesignated by the Borough Council as the Zoning Hearing Board to carry out the functions described in this section under the procedures established for the operation of such a Zoning Hearing Board, hereafter called the "Board."

§ 250-80 Operation.

[Amended 6-14-1991 by Ord. No. 4-1994]

A. Membership.

(1) The membership of the Board shall consist of five persons, all residents of Verona Borough, who shall be appointed by the Borough Council and may succeed themselves.

(2) Members of the Board shall hold no other office in Verona Borough, except that one member of the Board may be a member of the Planning Commission.

B. Term of office.

(1) Members of the Board shall be appointed for five-year staggered terms, with one appointment each year to refill a completed term.

(2) Appointments to fill vacancies shall be made by the Borough Council for the unexpired portion of a term only.

C. Removal of members.

(1) Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council, taken after the Board member has received at least 15 days' notice such vote will be taken.

(2) The Board member thus accused may request, by written communication to the Borough Secretary no later than seven days prior to the meeting of the Borough Council at which the vote for removal is to be taken, a hearing before the Council, after which the Council, at its discretion, may take a vote for removal of the Board member.

D. Organization of the Board.

(1) The Board shall elect officers from among its membership, to include a Chairman, Vice Chairman and Secretary.

(2) The Board shall establish a regular monthly meeting date to conduct business.

(3) The Board shall reorganize at its first meeting in each calendar year.

(4) Board members may succeed themselves in their positions.

(5) The Chairman shall call and chair all meetings of the Board.

(6) The Vice Chairman shall act in the absence of the Chairman.

(7) The Secretary shall assume the responsibility of transcribing and distributing all testimony given at hearings under procedures described below, shall draw up the agenda for each meeting, shall be responsible for placing of notices for public hearings, and shall handle all correspondence.

(8) A quorum shall be not less than a majority of all members of the Board.

(9) The Board may appoint one of its members as a hearing officer to conduct a hearing on behalf of the Board, and parties to such a hearing may waive further action by the Board if satisfied with the Hearing Officer's ruling.

(10) The Board may make, alter or rescind rules and forms for its procedures consistent with this and other ordinances of Verona Borough and the laws of the commonwealth.

(11) The Board shall keep full public records of its business and shall submit an annual report of its activities to the Borough Council not later than 60 days after the start of the subsequent year.

E. Expenditures for services.

(1) Board members may receive compensation for their services, at the discretion of the Borough Council, provided such compensation does not exceed in any year that paid to members of Council.

(2) Within the limits of its annual budget, the Board may employ secretarial, legal, technical or other consulting services to assist it in carrying out its duties.

§ 250-81 Hearings.

The Board shall conduct hearings and make decisions in accordance with the following:

A. Notice of any hearing shall be in the manner prescribed by the Municipalities Planning Code and any amendments thereto. Fees for the filing of applications and for other costs relating to the conduct of hearings are indicated in Article XXI of this chapter. In addition to the notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land.

[Amended 10-19-1976 by Ord. No. 1048; 9-8-2015 by Ord. No. 04-2015]

B. The parties to a hearing shall be any person entitled to notice under Subsection A above or any person affected by the application who has filed a letter of intent to be represented before the Board at least 10 days prior to the hearing for which application is made.

C. The Chairman of the Board or the Hearing Officer shall conduct the hearing and shall have the power to administer oaths and issue subpoenas to compel attendance of witnesses and/or the production of relevant documents and papers, including witnesses and documents requested by counsel, and shall be afforded the opportunity to respond, present evidence and cross-examine adverse witnesses on all relevant issues. Formal rules of evidence shall not apply, and irrelevant or redundant evidence shall be excluded.

D. The Board, or the Hearing Officer (if he is conducting the hearing), shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost. The Board, or the Hearing Officer, shall not communicate, directly or indirectly, with any party and/or representatives of any party in connection with any issue relevant to the hearing, except upon notice and opportunity for all parties to participate; shall not take notice of any communications, reports or other materials unless all parties are afforded an opportunity to contest the material so noticed; and shall not inspect any site or its surroundings with any party and/or representative of any party unless all parties are given an opportunity to be present.

E. The Board, or Hearing Officer, shall render a written decision or, when no decision is required, a written finding on the application within 45 days after the conclusion of the hearing before the Board or Hearing Officer. Decisions shall be based on findings of fact and conclusions based on any provisions of this chapter or any other ordinance or regulation of the municipality shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts.

F. When a hearing is conducted by a Hearing Officer and parties agree that his decision is subject to review by the Board, the Board shall make his findings and recommendations available to the parties, which shall be entitled to make written representations thereon prior to final decision or entry of findings by the Board.

G. When the Board or Hearing Officer fails to render a decision in applications where it or he has the power to do so within 45 days after hearing the application, the decision shall be deemed to have been rendered in favor of the applicant.

H. A copy of the final decision, or the findings if no decision is required, shall be mailed to the applicant not later than the day after the date of the decision. All others requesting notice of the decision not later than the last day of the hearing shall receive by mail a summary of the findings or decision and a statement of the place at which the full decision or findings may be examined.

§ 250-82 Functions of the Board.

A. Appeals from the Zoning Officer. The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misrepresented or misapplied any provision of any ordinance governing land or development adopted by Verona Borough.

B. Challenges to the validity of an ordinance or map.

(1) The Board shall have no power to pass upon the validity of any provision of an ordinance or map adopted by the Borough Council.

(2) The Board may hear any challenge when the validity of an ordinance or map presents an issue of fact or determination and shall take evidence and make a record in the same manner as required for hearings, after which the Board shall decide contested questions of interpretation and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.

C. Variances.

(1) The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant.

(2) Variance from the terms of this chapter shall not be granted by the Board unless a written application for a variance is submitted to the Secretary of the Board demonstrating:

(a) That there are unique physical circumstances or conditions, including but not limited to 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 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 with 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 has not been created by the appellant;

(d) That the variance, if authorized, will not alter the essential character of the neighborhood 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

(e) 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.

(3) Notice of any hearing shall be in the manner prescribed by the Municipalities Planning Code and any amendments thereto.

[Amended 9-8-2015 by Ord. No. 04-2015]

(4) If the Board finds in favor of the appellant, it may prescribe appropriate conditions and safeguards deemed necessary to implement the purposes and intent of this chapter and the Comprehensive Plan of Verona Borough.

(5) The Board shall prescribe a time limit, consistent with the nature of the variance granted and the conditions surrounding the property, within which the action for which the variance is granted shall be begun and completed. Failure to comply with the time limits shall render the variance void.

(6) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this chapter in the zoning district containing the property for which the variance is sought or any use expressly or by implication prohibited by the terms of this chapter in the zoning district.

§ 250-83 Stay of proceedings; zoning appeals to court; rehearings.

A. Upon the filing of an appeal and while an appeal is pending before the Board, any 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 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 the court.

B. Zoning appeals to court.

(1) Zoning appeals shall include appeals from the decisions of the Board and appeals upon reports of the Board in proceedings to challenge the validity of any Verona Borough development ordinance or map.

(2) The court having jurisdiction shall be the Allegheny County Court of Common Pleas.

(3) Zoning appeals may be taken to court by any party before the Board or any officer or agency of Verona Borough.

(4) All zoning appeals shall be filed not later than 30 days after issuance of notice of the decision or report of the Board.

C. Rehearing. If any application for a variance or appeal from the Zoning Officer is denied by the Board, another application shall not be filed within a period of one year from the date of denial except upon the initiation of the Board after a showing of a change of circumstances which would warrant a rehearing.