Freedom City Zoning Code

The Borough Council hereby creates a Zoning Hearing Board for the purpose of hearing requests for variances and related duties as described in this article. As used in this chapter, unless the context clearly indicates otherwise, the term "Board" shall refer to the Zoning Hearing Board.

The Zoning Board of Adjustment in existence shall hereafter be known as the "Zoning Hearing Board," and the terms of its members shall continue under and in accordance with the provisions of this article. Matters pending before the Board of Adjustment at the time this chapter becomes effective shall continue and be completed under the former law in effect at the time such Board took jurisdiction of them.

The membership of the Board shall consist of three residents of the borough appointed by the Borough Council. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Borough Council of any vacancy which occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the municipality.

Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the governing body which appointed the member, taken after the member has received 15 day's advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in § 205-72. The Board may make, alter and rescind rules and forms for its procedure, consistent with the ordinances of the borough and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Borough Council upon request.

Within the limits of funds appropriated by the governing body, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the governing body.

The Board shall conduct hearings and make decisions in accordance with the provisions of 53 P.S. § 10908.

The Board shall hear appeals, challenges to the Zoning Map and Subdivision Regulations[1] and requests for variances in accordance with the Municipalities Planning Code, 53 P.S. § 10909.1 et seq.[2]