[Amended 3-22-1982 by Ord. No. 1329; 5-11-1998 by Ord. No. 1626]
A.
A Zoning Hearing Board shall be created for the purpose of reviewing
applications for variances or special exceptions to this chapter and
deciding whether there is a legitimate reason for granting relief
or exception to a specific provision(s) of this chapter when requested.
B.
The Zoning Hearing Board shall be created as prescribed by the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended, and shall
have all authority, perform all duties, and exercise all powers vested
in it by the provisions of the aforementioned act.
C.
Special exceptions. Where this chapter has set forth expressed standards
and criteria for special exceptions, the Board shall hear and decide
requests for such special exceptions in accordance with such standards
and criteria. In granting a special exception, the Board may attach
such reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purposes
of the enabling act and this chapter.
D.
Standards and criteria. In considering any special exceptions, the
Zoning Hearing Board shall not grant such special exception unless:
(1)
The property is suitable for the use desired.
(2)
The proposed use will not substantially injure or detract from the
use of neighboring property or from the character of the neighborhood.
(3)
Adequate public facilities, such as streets, water and sewers, are
available.
(4)
The proposed use will not adversely affect public services and facilities,
such as water, sewers, police and fire protection.
E.
Jurisdiction. The Zoning Hearing Board shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance,
except those brought before the City Council pursuant to §§ 609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter
"MPC"; 53 P.S. §§ 10609.1 and 10916.1).
(2)
Challenges to the validity of a land use ordinance raising procedural
or alleged defects in the process of enactment or adoption, which
challenges shall be raised by an appeal taken within 20 days after
the effective date of said ordinance.
(3)
Appeals from the determination of the Zoning Administrator, 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.
(4)
Appeals from the determination of any officer or agency charged with
the administration of any transfer of development rights or performance
density provisions of this chapter.
(5)
Appeals from the Zoning Administrator's determination under § 916.2
of the MPC, 53 P.S. § 10916.2.
(6)
Appeals from the determination of the Zoning Administrator 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 applications under Article V or VII of the MPC, 53 P.S. § 10501 et seq.
[Amended 5-11-1998 by Ord. No. 1626]
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with § 908 of the MPC, 53 P.S. § 10908.
The City Council shall establish, by resolution, fees with respect
to hearings before the Zoning Hearing Board.
A.
Termination of permits. If, after a permit has been authorized by
the Board, such permit is not applied for and not issued within a
period of six months from the date of authorization, then such authorization
shall be null and void, and no permit shall be issued thereunder.
B.
Modification of a permit. Any permit so issued shall not be modified
except by action of the Board.
