[Ord. 560, 6/11/1996, Art. XVI, § 1]
The Zoning Hearing Board (Board) presently in existence, shall
continue to constitute the Zoning Hearing Board of the Borough of
West Homestead under this chapter. Matters pending before the Zoning
Hearing Board at the time this chapter becomes effective shall continue
and be completed under the law(s) in effect at the time the particular
petitions) regarding the issue was filed.
[Ord. 560, 6/11/1996, Art. XVI, § 2]
Those members of the Board existing under the prior zoning ordinance
are hereby reappointed and shall serve out their unexpired terms as
members of the present Board, in accordance with the provisions of
this Part.
[Ord. 560, 6/11/1996, Art. XVI, § 3]
The Zoning Hearing Board shall consist of three residents of the Borough of West Homestead appointed by Council. The members of the existing Board shall continue in office in accordance with § 27-1602. The term of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Borough of West Homestead.
[Ord. 560, 6/11/1996, Art. XVI, § 4]
The Board shall promptly notify the Council of any vacancies
which occur. Appointments by the Council to fill vacancies shall be
only for the unexpired portion of the term.
[Ord. 560, 6/11/1996, Art. XVI, § 5]
A member of the Board may be removed for malfeasance or nonfeasance
in office, or for other just cause, by a majority vote of Council.
The Board member must receive a majority vote of Council. The Board
member must receive 15 days advance written notice of the intent of
Council to vote on the member's removal. The written notice shall
be accompanied by a clear, written statement of the specific charges.
A hearing shall be held in connection with the vote if the Board member
shall so request in writing.
[Ord. 560, 6/11/1996, Art. XVI, § 6]
The Board shall elect its officers from its own membership.
The officers shall serve annual terms and may succeed themselves.
For the conduct of any hearing and the taking of any action, a quorum
shall be not less than a majority of all the members of the Board,
but he Board may appoint a hearing officer from its own membership
to conduct any hearings on its behalf, and the parties may waive further
action by the Board, as provided by he municipality.
[Ord. 560, 6/11/1996, Art. XVI, § 7]
The Board may make, alter and rescind rules and regulations,
and forms for its procedures, such as are consistent with the ordinances
of the Borough of West Homestead and the laws of Pennsylvania. The
Board shall keep full public records of its business and shall submit
a report of its activities to the Council annually. All records and
rules of the Board shall be on file or public inspection in the office
of the Borough secretary.
[Ord. 560, 6/11/1996, Art. XVI, § 8]
Within the limit of funds appropriated by 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 by Council, but in no case shall such compensation exceed the
rate of compensation authorized to be paid to Council members.
[Ord. 560, 6/11/1996, Art. XVI, § 9]
2.
All meetings of the Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing whether a member was
present or absent and the vote of each member upon each questions,
and shall keep stenographic records of its hearings, and other official
actions. All Board records shall be filed with the Zoning Officer,
with a copy to the president of Council and the mayor, and shall be
available for public inspection. Upon the filing of an application
or appeal, the Board shall specify a time and place for a public hearing
and shall, in the manner prescribed by this chapter and Council give
public notice thereof. The Board shall conduct the hearings and render
decisions in the manner prescribed by Council as now established or
as hereafter amended.
[Ord. 560, 6/11/1996, Art. XVI, § 10]
Notice of hearing shall be give in accordance with § 908
of the MPC. In addition, public notice shall be given by publication
once in a newspaper of general circulation in the Borough of West
Homestead, not less than seven days prior to said hearing. The owner
of the property, or his agent, shall be notified by mail not more
than 30 days and not less than 14 days in advance of the Board hearing.
In addition, notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
[Ord. 560, 6/11/1996, Art. XVI, § 11]
1.
The Board shall in accordance with the provisions of the MPC have
the power and duty to perform the following functions in accordance
with the Borough:
A.
To hear and decide appeals as outlined under § 27-1502.2
from any administrative order, decision, determination, or requirement
made by he Zoning Officer in the administration and enforcement of
this chapter, where it is alleged that the Zoning Officer has failed
to follow prescribed procedures, or has misinterpreted or misapplied
any provision of a valid ordinance, map, or rule or regulation governing
the action of the Zoning Officer.
B.
To hear procedural and/or substantive challenges to the validity
of this chapter or the zoning map, as prescribed by the Borough.
C.
To hear and decide requests for a variance from the requirements
of this chapter, where it is alleged that the strict application of
the provisions of this chapter would result in an "unnecessary hardship"
that would deprive the owner of the reasonable use of the land. The
Board shall also have the power to attach such conditions to the variance
as it deems necessary to implement the general purpose and intent
of this chapter. No variance shall be granted unless the Board determines
and fully describes in its findings, that all of the following tests
can be answered in the affirmative:
(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 his ordinance, in the neighborhood or
district in which he 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 chapter, 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 appellant
(applicant) or a predecessor in title.
(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.
(5)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the lease modification
possible of the regulation in issue.
D.
To hear and decide requests for special exceptions which are expressly permitted by the provisions of this chapter, and subject to the standards and criteria set forth in Part 13 of this chapter.
E.
To hear, where the Board has jurisdiction over zoning matters in
this Part, all other appeals which the applicant may elect to bring
before it with respect to any Borough ordinance or requirement pertaining
to the same development. The Board shall take evidence and make findings
on all relevant issues of fact. However, the Board shall have no power
to act upon issues which do not relate directly to this chapter. Nor
shall the Board assume any authority to grant relief not specifically
authorized by this chapter.
[Ord. 560, 6/11/1996, Art. XVI, § 12]
Any party aggrieved by any decision of the Board may appeal
therefrom within 30 days to the court of common pleas of Allegheny
County.
