Cressona City Zoning Code
ZONING HEARING
BOARD; ESTABLISHMENT AND PROCEDURE
§ 155.265 GENERALLY.
A Zoning Hearing Board is hereby established, which shall consist of three members of the borough to be appointed by the Borough Council for a term of three years, and shall be so established that one term of office shall expire each year. In addition to these three members, an alternate member shall be appointed by the Borough Council to serve in the absence of one of the other three members. Members of the Zoning Hearing Board may be removed from office by the Borough Council for cause upon written charges and after public hearing if the member shall request it in writing. Vacancies shall be filled by appointment by the Borough Council for the unexpired term of the member affected. Members of the Zoning Hearing Board shall hold no other office in the borough. Fees for members of the Zoning Hearing Board shall be established, from time to time, by resolution of the Borough Council.
(Prior Code, Ch. 27, Art. XVI) (Ord. 293, passed 4-20-1992; Ord. 323, passed 7-6-1998)
§ 155.266 PROCEEDINGS OF THE ZONING HEARING BOARD.
(A) The Zoning Hearing Board shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson, or, in his or her absence, the Acting Chairperson. The Chairperson or Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(B) The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
(Prior Code, Ch. 27, § 27-1601) (Ord. 293, passed 4-20-1992, § 16.1)
§ 155.267 HEARINGS, APPEALS, NOTICE.
(A) Appeals to the Zoning Hearing Board concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the Borough Council of the borough affected by any decision of the Zoning Officer. Such appeals shall be taken within a reasonable time, not to exceed 30 days, per Municipalities Planning Code, being 53 P.S. §§ 10101 et seq., by filing with the Zoning Officer and with the Zoning Hearing Board a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed form was taken.
(B) The Zoning Hearing Board shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney.
(Prior Code, Ch. 27, § 27-1602) (Ord. 293, passed 4-20-1992, § 16.2)
§ 155.268 STAY OF PROCEEDINGS.
(A) An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Officer from whom the appeal is taken certifies to the Zoning Hearing Board, after notice of appeal is filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property.
(B) In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Hearing Board or by a court of record on application, or notice to the Zoning Officer from whom the appeal is taken and due cause shown.
(Prior Code, Ch. 27, § 27-1603) (Ord. 293, passed 4-20-1992, § 16.3)