Ambridge City Zoning Code
ARTICLE X
Zoning Hearing Board
§ 310-55 Appointment.
The Borough Council shall appoint a Zoning Hearing Board consisting of three members, as provided by law.
§ 310-56 Powers.
The Zoning Hearing Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determined made by an administrative official in the enforcement of this chapter.
B.
To hear and decide special exceptions to the terms of this chapter in such cases as are herein expressly provided for, in harmony with the general purpose and intent of this chapter, with power to impose appropriate conditions and safeguards.
C.
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, so that the spirit of this chapter shall be observed and substantial justice done.
§ 310-57 Adoption of rules.
The Zoning Hearing Board shall adopt rules as to the manner of filing appeals or applications for special exceptions or for variance from the terms of this chapter.
§ 310-58 Procedure for appeals.
Upon the filing with the Zoning Hearing Board of an appeal or of an application for special exception or for variance from the terms of this chapter, the Zoning Hearing Board shall fix a time and place for a public hearing thereon and shall give notice thereof as follows:
A.
By publishing a notice thereof at least seven days in advance of such hearing in a newspaper of general circulation in the Borough.
B.
By mailing a notice thereof to each member of the Borough Council.
C.
By mailing a notice thereof at least six days prior to the hearing to the parties in interest at the address filed with the appeal or application for special exception or variance.
D.
When the Zoning Hearing Board shall so order, by mailing or delivering a notice thereof to the owner, if his residence is known, and to the occupier of every lot on the same street within 300 feet of the lot or building in question and of every lot not on the same street within 100 feet of said lot or building, provided that failure to give notice required by this subsection shall not invalidate any action taken by the Zoning Hearing Board.
§ 310-59 Notice.
The notices required by § 310-58 shall state the location of the building or lot and the general nature of the question involved.
§ 310-60 Expiration of variance.
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within six months from the date of authorization thereof.
§ 310-61 Fee.
Each application for an appeal, exception or variance, as provided in this chapter, shall be accompanied by a fee payable to the Secretary of the Zoning Hearing Board in the amount established from time to time by resolution of Borough Council to cover the cost, or a part thereof, of advertising and mailing of notices as required in § 310-58.
§ 310-62 Disposition of appeals and exceptions.
The Board shall decide each appeal within a reasonable time, and notice thereof shall forthwith be given to all parties in interest. The Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, or may make such order, requirement, decision or determination as in its opinion ought to be made.
§ 310-63 Appeal from Board's decision.
Any person aggrieved by any decision of the Zoning Hearing Board or any affected thereby may appeal therefrom within 30 days, to the court of common pleas. Every such appeal shall specify the grounds thereof and the interest of the appellant. So far as practicable and consistent with the provisions of this article, the procedure for appeals from the Zoning Hearing Board shall be in conformity with the Rules of Civil Procedure of the Supreme Court regarding appeals from administrative agencies.
§ 310-64 Testimony.
If upon the hearing of the appeal the court shall deem it necessary to have additional testimony, it may remand the appeal to the Zoning Hearing Board with instructions or it may take testimony or appoint a referee to do so, as it may direct, and to report the testimony to the court with his findings of fact and conclusions of law.
§ 310-65 Disposition of appeal; cost.
The court may reverse or affirm, in whole or in part, or may modify the decision appealed from as it may appear just and proper. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.