[Amended 12-12-1988 by Ord. No. 1491; 5-11-1998 by Ord. No. 1626]
Appeals may be filed with the Zoning Hearing Board in writing
by the landowner affected, any officer or agency of the City, or any
person aggrieved in the following circumstances: Appeals raising the
substantive validity of this chapter (except those to be brought before
the City Council pursuant to the Pennsylvania Municipalities Code),
procedural questions or alleged defects in the process of enactment
or adoption of this chapter; or 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; appeals
from the determination of any officer or agency charged with the performance
density provisions of this chapter; from the determination of the
Zoning Administrator or City Engineer in the administration of this
chapter or provision thereof with reference to sedimentation and erosion
control and stormwater management insofar as the same relate to development
not involving subdivision and land development or planned residential
development. Requests for a variance and for special exception may
be filed with the Board by any landowner or any tenant with the permission
of such landowner.
[Added 5-11-1998 by Ord. No. 1626]
A.Â
No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 20 days after a zoning application has been
approved by the City 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. The failure of anyone other than the
landowner to appeal from an adverse decision on a tentative plan or
from an adverse decision by the Zoning Administrator on a challenge
to the validity of this chapter or an appeal from a final approval
except in the case where the final submission substantially deviates
from the approved tentative approval.
B.Â
All appeals from determinations adverse to the landowner shall be
filed by the landowner or the tenant with the permission of the landowner
within 20 days after notice of the determination is issued.
[Added 5-11-1998 by Ord. No. 1626]
A.Â
Upon the filing of any appeal proceeding before the Zoning Hearing
Board and during its pendency before the Board, all land development
pursuant to this chapter, order or approval of the Zoning Administrator
or of any agency or body, and all official action thereunder shall
be stayed unless the Zoning Administrator 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 Administrator or other appropriate agency or body. When
a zoning application has been duly approved and proceedings designed
to reverse or limit the approval are filed with the Board by persons
other than the applicant, the applicant may petition the court having
jurisdiction of zoning appeals to order such persons to post bond
as a condition to continuing the proceedings before the Board.
B.Â
After the petition is presented, the court shall hold a hearing to
determine if the filing of the appeal is frivolous. At the hearing,
evidence may be presented on the merits of the case. It shall be the
burden of the applicant for a bond to prove the appeal is frivolous.
After consideration of all evidence presented, if the court determines
that the appeal is frivolous, it shall grant the petition for a bond.
The rights to petition the court to order the appellants to post bond
may be waived by the appellee, but such waiver may be revoked by him
if an appeal is taken from a final decision of the court.
C.Â
The question whether or not such petition should be granted and the
amount of the bond shall be within the sound discretion of the court.
An order denying a petition for bond shall be interlocutory. An order
directing the responding party to post a bond shall be interlocutory.
D.Â
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond, and the appellate court sustains the order of the
court below to post a bond, the respondent to the petition for a bond,
upon motion of the petitioner and after hearing in the court having
jurisdiction for zoning appeals, shall be liable for all reasonable
costs, expenses and attorneys' fees incurred by the petitioner.
[Added 5-11-1998 by Ord. No. 1626]
The City Council shall have exclusive jurisdiction to hear and
render final adjudications in the following matters:
A.Â
All applications for approval of planned residential development under Article VII of the MPC pursuant to the provisions of § 702 of the MPC, 53 P.S. § 10702.
B.Â
All applications pursuant to § 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. § 10501 et seq.
C.Â
Applications for conditional use when provided for under the express
provisions of this chapter.
D.Â
Applications for curative amendment to this chapter or pursuant to
§§ 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1
and 10916.1(a).
E.Â
All petitions for amendments to land use ordinances, pursuant to
the procedures set forth in § 609 of the MPC, 53 P.S. § 10609.
F.Â
Appeal from the determination of the Zoning Administrator or the City Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Article V and VII of the MPC, 53 P.S. § 10501 et seq. and § 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Administrator or the City Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission and all appeals from the decision of the Planning Commission shall be to court.
[Added 5-11-1998 by Ord. No. 1626]
All appeals from all decisions rendered by the Zoning Hearing
Board or City Council shall be taken to the Court of Common Pleas
as set forth in Article X-A of the MPC, 53 P.S. § 11001-A
et seq.
