[Added 6-9-2008 by Ord. No. 2008-8]
A. Creation. A Zoning Hearing Board is hereby established
and created. The Members of the Board shall be appointed by the Council
of the City of Latrobe and shall consist of five members. The term
of office of each member shall be for a period of five years. The
term of office for the two members initially appointed for the new
positions created hereby shall be as follows: One new member shall
be appointed for a term of two years. Thereafter, all members, and
their successors, shall be appointed for a term of five years. Appointments
to fill vacancies during a term shall be only for the unexpired portion
of the term.
B. Alternates to Zoning Hearing Board. The Council of the City of Latrobe may, from time to time, appoint at least one but no more than three residents of the City of Latrobe to serve as alternate members of the Latrobe Zoning Hearing Board. It shall be within the discretion of Latrobe City Council to determine how many positions of alternates shall be needed and required at any given time. The term of office of an alternate member shall be three years. It is the intent of this provision that if more than one alternate is appointed, the initial term(s) shall be staggered so that subsequent reappointments for a three-year term shall also be staggered. When seated pursuant to the provisions of Subsection
C as set forth below, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by Law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have powers and duties as set forth in the Pennsylvania Municipalities Planning Code and this section and as otherwise provided by law. Alternates shall hold no other office in the municipality of the City of Latrobe including membership on the Planning Commission and Zoning Officer and any other body or board by which appointment is made by the Mayor of the City and Latrobe City Council. Any alternate may participate in any proceedings or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to the provisions of Section 907 of the Pennsylvania Municipalities Planning Code unless designated as a voting alternate member pursuant to Subsection
C below.
C. If by reason of absence or disqualification of a member,
a quorum is not reached, the Chairman, or Acting Chairman of the Board
shall designate as many alternate members of the Board to sit on the
Board as may be needed to provide a quorum. Any alternate member of
the Board shall continue to serve on the Board in all proceedings
involving the matter or case for which the alternate was initially
appointed until the Board has made a final determination of the matter
or case. Designation of an alternate pursuant to this section shall
be made on a case-by-case basis in rotation according to declining
seniority among all alternates. If more than one alternate is appointed
at the same time, the first alternate appointed shall have seniority
over the second alternate appointed who shall have seniority over
the third alternate appointed.
D. Each member of the Board shall be required to provide
at least seven days' notice to the Zoning Officer of any absence from
a scheduled meeting. The purpose of this seven-day notice it required
for the Zoning Officer to determine if a quorum will be present and
to make provisions for an alternate if needed. Any notice given less
than seven days prior to the scheduled meeting must be by reason of
an unknown emergency to the member. If a member shall fail to give
the required seven-day notice without the existence of an emergency
or, if a member of the Board shall be absent for one-third or more
of the scheduled meetings during any calendar year for any reason,
then and in that event the following shall apply:
(1) The Zoning Officer shall request the resignation of
the nonattending member. If said member should not resign, then and
in that event, the member can be removed for cause by the Council
of the City of Latrobe upon written statement of reasons therefor
from the Zoning Officer and after public hearing.
(2) According to seniority, an alternate will be asked
to become a regular member of the Board to fill the unexpired term
of any removed member. If willing to do so, and after removal of the
nonattending member, the alternate will become the mayor's designated
appointee and shall be appointed as a regular member of the Board
upon the vote of Council.
(3) If the alternate does not desire to become a regular
member of the Board, then and in that event, a new regular member
shall be appointed to fill the unexpired term of that member pursuant
to the provisions of the Home Rule Charter.
(4) Should an individual cease to be an alternate during
his/her term, Council shall thereafter fill the unexpired term of
the alternate by appointment pursuant to the provisions of the Home
Rule Charter.
A conditional use, upon application to the Zoning
Officer, shall be submitted to the Latrobe Planning Commission for
recommendation of approval or disapproval and then to the Council
of the City of Latrobe for final approval or disapproval.
A. An application for a conditional use shall be on a
form, and in the manner, prescribed by the Zoning Officer.
B. The application shall be presented to Council for
final action within 60 days of receipt by the Zoning Officer of a
fully completed and signed application submitted by the owner (or
a purchaser under a binding agreement of sale) of the subject property.
C. The sixty-day time period may be extended by consent
of the applicant, either in writing or upon the record at any proceedings.
D. Failure by the City Council to timely act upon a properly
submitted application for conditional use within the time period set
forth above shall result in a deemed approval of the application.