Baldwin Township City Zoning Code
PART 13
ZONING HEARING BOARD
§ 27-1301 Establishment; Terms of Office; Removal; Vacancies.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1200; as amended by Ord. 436, 8/7/2007, § 1]
A Zoning Hearing Board is hereby established. The Zoning Hearing Board shall consist of three members to be appointed by the Township Commissioners whose service, removal for cause, and replacement following vacancy shall be subject to and in accordance with Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq.
§ 27-1302 Rules and Regulations; Meetings; Record of Proceedings.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1201; as amended by Ord. 436, 8/7/2007, § 1]
The Zoning Hearing Board shall adopt rules in accordance with the provisions of this chapter and Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq. Meetings of the Zoning Hearing Board shall be held at the call of the Chairman, and at such other times as the Board may determine. Such Chairman, or in his absence, the Acting Chairman, may administer oaths, and compel the attendance of witnesses. All meetings of the Zoning Hearing Board shall be open to the public. The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of its examinations of the Board and shall be a public record.
§ 27-1303 Appeals to the Zoning Hearing Board.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1202; as amended by Ord. 436, 8/7/2007, § 1]
1.
Appeals to the Zoning Hearing Board may be taken by any person aggrieved, or by any officer of the Township affected by any decision of the administrative officer. Such appeal shall be taken within 30 days (or such lesser time as prescribed by the Zoning Officer in any notice of violation, enforcement notice, or accompanying order to cease and desist), as provided by the rules of the Zoning Hearing Board, by filing with the officer from whom the appeal is taken, and with the Zoning Hearing Board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Zoning Hearing Board all the papers constituting the record upon which the action appealed from was taken.
2.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Hearing Board, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board, or by a Court of Common Pleas of the County on application, on notice to the officer from whom the appeal is taken, and due cause shown.
3.
The Zoning Hearing Board shall fix a time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same. Upon the hearing, any party may appear in person, or by agent or by attorney. All public hearings before the Zoning Hearing Board shall be conducted within such time, upon such public notice, and otherwise in accordance with Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq.
§ 27-1304 Powers of the Zoning Hearing Board.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1203; as amended by Ord. 436, 8/7/2007, § 1]
1.
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 determination made by the zoning officer or any other administrative official in the enforcement of this chapter, or of any ordinance adopted under the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
B.
To hear and decide special exceptions to the terms of the ordinance which such Zoning Hearing Board is required to pass under this chapter.
C.
To authorize, upon appeal, in specific cases, such variance from the terms of the ordinance 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, and so that the spirit of this chapter shall be observed and substantial justice done.
2.
In exercising the above mentioned powers, the Zoning Hearing Board may, in conformity with the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., relating thereto, and all other applicable laws of the Commonwealth of Pennsylvania, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and, to that end, shall have all the powers of the officer from whom the appeal is taken. Notice of such decision shall forthwith be given to all parties in interest.
§ 27-1305 Fee Schedule.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1204; as amended by Ord. 1-1956, 3/12/1956, § 3; as repealed by Ord. 352, 12/1/1992; and as amended by Ord. 436, 8/7/2007, § 1]
1.
The Board of Commissioners shall determine and adopt by resolution at a public meeting from time to time a schedule of fees, charges, and expenses, as well as a collection procedure for permits and appeals and other matters pertaining to this chapter.
2.
The Board of Commissioners is empowered to re-evaluate the fee schedule and make necessary revisions thereto. Such revisions shall not be considered amendments to this chapter and may be adopted by resolution at any public meeting of the Board.
§ 27-1306 Expiration of Approval of Use Granted by Special Exception.
[Ord. 1-1953, 2/9/1953, Art. XII, § 1205; as amended by Ord. 436, 8/7/2007, § 1]
Approval of a use by special exception shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction for authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in their sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.