Administering and enforcing the provisions of this chapter in accordance with their literal terms. In performing these duties the Zoning Officer shall not have the power to permit any construction, alteration or any use or change of use to land or structures, which does not conform to the applicable provisions of this chapter.

Receiving and reviewing all types of zoning applications and approving or denying zoning permits and certificates of zoning compliance under this chapter. When a zoning permit application or certificate is approved, the Zoning Officer shall issue the permit or certificate.

Keeping records of all applications, permits, certificates, complaints, enforcement actions, investigations, and decisions of the Zoning Hearing Board in the Zoning Office located within City Hall. All of the zoning records are the property of the City and must be available for public inspection and copying when authorized by the Pennsylvania Right-to-Know Law.[1]

Conducting property inspections to assure compliance with this chapter.

Maintaining the Official Zoning Map and zoning ordinance, including any amendments.

Notifying the Zoning Hearing Board of scheduled zoning hearings, including assisting the secretary or solicitor in advertising zoning hearings.

Making certain that properties are conspicuously posted at least one week prior to a zoning hearing.

Attending and participating in proceedings before the Zoning Hearing Board or the governing body, as the case may be, and offering testimony and evidence when necessary.

Reviewing and reporting on subdivision and land development plans for compliance with this chapter as part of the City Planning Commission's review.

Inspecting and registering nonconformities upon request of a landowner, or at the discretion of the Zoning Officer.

Assisting appointed and elected local officials, police, codes and the general public with zoning issues.

Making the current versions of the Zoning Ordinance and Zoning Map available to the public for inspection and providing copies upon proper request and payment of appropriate fees.

Rendering a preliminary opinion under Section 916.2. of the Pennsylvania Municipalities Planning Code.[2]

Investigating and acting upon complaints of alleged violations of this chapter. Complaints should be acted upon within 30 days of their receipt and a complainant must be notified by the Zoning Officer, upon request, of any enforcement action taken.

Prosecuting violations of this chapter by instituting civil enforcement proceedings when it is determined that a person has violated this chapter, or any conditions placed upon the approval of special exception, variance, conditional use or any other approvals or permits under this chapter.

Issuing preliminary opinions under Section 916.2 of the Pa. MPC.[3]

Doing all things necessary to administer and enforce this chapter.

A zoning permit application shall be made in writing by the landowner, the authorized agent of the landowner, or any person having an equitable interest in the property with the permission of the landowner.

A zoning permit application shall be on a form provided by the City and shall include at least the following:

The permit was issued in error under this chapter.

The application or plan upon which the permit was issued has been found to contain false or misleading information.

There exists a violation of any condition imposed by the Zoning Hearing Board or governing body as part of its written decision.

Good cause exists under this chapter or applicable law.

The use is permitted in the zoning district where it is to be located;

The use, structure, or vehicle meets the dimensional regulations of the zoning district where it is to be located or parked;

The use will not adversely affect or interfere with the use and quiet enjoyment of adjoining or surrounding properties; and

The use will not cause undue congestion or traffic hazards, or otherwise interfere with vehicular and pedestrian travel and parking and loading facilities.

By making a submission under this chapter, the applicant acknowledges and agrees that all documents and other information submitted under this chapter constitutes public records within the meaning of the Pennsylvania Right-to-Know Law, Act 3 of 2008, as amended,[1] and are therefore subject to review and reproduction upon request in accordance with that Law and applicable City ordinances and resolutions.

To the extent that any such documents or information are not deemed public records and are subject to protection pursuant to federal or state copyright laws, or Common Law copyright protection, the applicant (agents, employees and consultants) by filing documents with the City under this chapter, shall be deemed to have waived all copyright protection as relates to review, analysis, criticism, or approval of the application by the City and all of its agents, servants, employees, officials, and consultants, and the public at large.

The applicant hereby agrees to indemnify and hold harmless the City and all of its agents, servants, employees, officials, and professional consultants from any and all claims including losses and attorney fees related to violations of copyright, or copyright infringement claims.

The name of the owner of record and any other person against whom the City intends to take action.

The location and address of the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable sections of this chapter.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 30 days from date of the issuance of the notice.

That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with a description of the sanctions that will result if the violation is not corrected.

Before voting on the enactment of an amendment, City Council shall hold a public hearing on the amendment, pursuant to public notice, and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the City or an owner of the mineral rights in a tract or parcel of land within the City who has made a timely request in accordance with § 575-1106. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the City at points deemed sufficient by the City along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.

In addition to the requirement that notice be posted under Subsection B(1) above, where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the City at least 30 days prior to the date of the hearing by first-class mail to the addressees to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the City. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. This subsection shall not apply when the rezoning constitutes a comprehensive rezoning.

In the case of an amendment other than that prepared by the City Planning Commission, City Council shall submit each such amendment to the City Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the City Planning Commission an opportunity to submit recommendations.

If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, City Council shall hold another public hearing, pursuant to public notice, mailed notice and electronic notice, before proceeding to vote on the amendment.

At least 30 days prior to the public hearing on the amendment by City Council, City Council shall submit the proposed amendment to the Luzerne County Planning Commission for recommendations.

The City may offer a mediation option as an aid in completing proceedings authorized by this section.

Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Luzerne County Planning Commission.

A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to City Council with a written request that the challenge and proposed amendment be heard and decided as provided under the Pennsylvania Municipalities Planning Code.[2]

City Council shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the City and County Planning Commissions and notice of the hearing thereon shall be given in the same manner as conducting a zoning hearing under § 575-1111F of this chapter.

The hearing shall be conducted in accordance with § 575-1111F of this chapter and all references therein to the Zoning Hearing Board shall, for purposes of this section be references to City Council: provided, however, that the provisions of § 575-1111F(3) and (11) relating to time periods shall not apply and the provisions of Section 916.1 of the Pennsylvania Municipalities Planning Code shall control.[3] If a municipality does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire Zoning Ordinance and Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

If City Council has determined that a validity challenge has merit it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. City Council shall consider the curative amendments plans and explanatory material submitted by the landowner and shall also consider:

The City shall declare, by formal action, its Zoning Ordinance or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal the City shall:

If the City utilizes the procedures set forth in this section, it may not again utilize the same procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of its Zoning Ordinance; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the City by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the City may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.

Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the City where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. City Council shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the City not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the City Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:

In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, City Council shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the City, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.

Election of officers. The Zoning Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.

Quorum/hearing officer. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Zoning Board. The Zoning Board, however, 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 Zoning Board. If by any reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Board shall designate as many alternate members of the Board to sit on the Zoning Board as may be needed to provide a quorum. Any alternate member of the Zoning Board shall continue to serve on the Zoning Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Zoning 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.

Bylaws/records. The Zoning Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the City and the laws of the commonwealth. The Zoning Board shall keep full public records of its business, which records shall be the property of the City, and the Board chairperson or its secretary shall submit an annual report of its activities to the City Council.

Notice of hearings. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the governing body shall designate by ordinance and to any person who has made timely request for the same. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. The posting may be performed by the applicant provided that an affidavit of posting is submitted to the Zoning Board at the commencement of the hearing. No other written notices shall be required.

Fees for hearings. City Council may prescribe reasonable fees with respect to hearings before the Zoning Board. Fees for said hearings may include compensation for the secretary and Board members, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Board, expenses for engineering, architectural or other technical consultants or expert witness costs.

Time periods for hearings. The first hearing before the Zoning Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Zoning Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his, her or its case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Zoning Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. The applicant may, upon request, be granted additional hearings to complete his, her or its case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the City, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

Conduct of hearings. The hearings shall be conducted by the Zoning Board or the Zoning Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Zoning Board; however, the appellant or the applicant, as the case may be, in addition to the City, may, prior to the decision of the hearing, waive decision or findings by the Zoning Board and accept the decision or findings of the hearing officer as final.

Parties to the hearings. The parties to the hearing shall be the City, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Zoning Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Zoning Board for that purpose.

Oaths/subpoenas. The Chairman or Acting Chairman of the Zoning Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

Right to representation/evidence/argument. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Rules of evidence. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

Stenographic record and transcript fees. The Zoning Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Board. The cost of the original transcript shall be paid by the Zoning Board if the transcript is ordered by the Zoning Board or hearing officer or shall be paid by the person appealing from the decision of the Zoning Board if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

Communications and site visits. The Zoning Board or the hearing officer shall not communicate, directly or indirectly, with any party or his or her representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

Time periods for hearings, decisions and findings. The Zoning Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons thereof. Conclusions based on any provisions of this chapter shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Zoning Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Zoning Board prior to final decision or entry of findings, and the Zoning Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for substantive challenges to the validity of the ordinance under § 575-1110 of this chapter, where the Zoning Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection F(3) of this section above, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Board to meet or render a decision as hereinabove provided, the Zoning Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection F(1) of this section above. If the Zoning Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

Mailing, copies and notice of decisions. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him, her or it not later than the day following its date. To all other persons who have filed their name and address with the Zoning Board not later than the last day of the hearing, the Zoning Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

Funding mediation.

Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.

Completing mediation, including time limits for such completion.

Suspending time limits otherwise authorized in the Pennsylvania Municipalities Planning Code[1] and this chapter, provided there is written consent by the mediating parties, and by an applicant or municipal decision making body if either is not a party to the mediation.

Identifying all parties and affording them the opportunity to participate.

Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.

Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision making body pursuant to the authorized procedures set forth under the Pennsylvania Municipalities Planning Code[2] and this chapter.

That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

That such unnecessary hardship has not been created by the appellant.

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

Ground floor plans and elevations of proposed structures;

A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and

A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.

Public services and facilities such as water supply, sewage disposal, storm drainage, and fire and police protection are adequate for the proposed use and development.

Existing and future streets and access to the subject property shall be adequate for emergency services while avoiding undue congestion, and providing for the safety and convenience of pedestrian and vehicular traffic.

The relationship of the proposed use and development to other uses and activities existing or planned in the vicinity shall be harmonious in terms of their location and site relative to the proposed operation, and the nature and intensity of the use.

The relationship of the proposed use and development to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls, and fences so that the use, development, and value of adjacent property is not impaired.

The proposed use and development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the zoning district.

The proposed use and development shall not be injurious to the public health, safety, welfare and morals.

The specific standards set forth for each particular use for which a special exception may be granted have been met.

The proposed use meets all of the other applicable requirements of this chapter.

The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance and the City Comprehensive Plan.

Soil types.

Ground cover including vegetation and animal life.

Groundwater.

Sewage disposal.

Solid waste.

Air quality.

Noise.

Property values.

Land and water surface use and community character.

Critical impact areas. Any area, condition, or feature which is environmentally sensitive, or which, if disturbed during construction, would adversely affect the environment. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.

Historic resources. Identification of structures or sites of historic significance and probable effect of the project.

Transportation network. Existing network traffic volumes and capacities and need for improvements required by the project.

Law enforcement. Existing law enforcement capabilities of the City and state; and assess the impact of the proposed development on said law enforcement agencies along with actions proposed to mitigate any burdens created by the development.

Community facilities and services. Existing community facilities and services and how the proposed use will affect those facilities and services, including projected needs for additional facilities and services.

Economic and social impacts. The local economy and social structure and how the proposed use is likely to affect them.

Additional requirements. In addition to the above requirements, the governing body may require such other information as may be reasonably necessary for the City to evaluate the proposed use for its impacts upon the community, including but not limited to:

Ground floor plans and elevations of proposed structures;

A scaled drawing (site plan) of the site, including finished topography with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter; and

A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter.

Public services and facilities such as water supply, sewage disposal, storm drainage, and fire and police protection are adequate for the proposed use and development.

Existing and future streets and access to the subject property shall be adequate for emergency services while avoiding undue congestion, and providing for the safety and convenience of pedestrian and vehicular traffic.

The relationship of the proposed use and development to other uses and activities existing or planned in the vicinity shall be harmonious in terms of their location and site relative to the proposed operation, and the nature and intensity of the use.

The relationship of the proposed use and development to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls, and fences so that the use, development, and value of adjacent property is not impaired.

The proposed use and development shall not be more objectionable in its operations in terms of noise, fumes, odors, vibration, or lights than would be the operations of any permitted use in the zoning district.

The proposed use and development shall not be injurious to the public health, safety, welfare and morals.

The specific standards set forth for each particular use for which a conditional use may be granted have been met.

The proposed use meets all of the other applicable requirements of this chapter.

The proposed use shall be consistent with the purpose and intent of the Zoning Ordinance and the City Comprehensive Plan.

Soil types.

Ground cover, including vegetation and animal life.

Groundwater.

Sewage disposal.

Solid waste.

Air quality.

Noise.

Property values.

Land and water surface use and community character.

Critical impact areas. Any area, condition, or feature which is environmentally sensitive, or which, if disturbed during construction, would adversely affect the environment. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.

Historic resources. Identification of structures or sites of historic significance and probable effect of the project.

Transportation network. Existing network traffic volumes and capacities and need for improvements required by the project.

Law enforcement. Existing law enforcement capabilities of the City and state; and assess the impact of the proposed development on said law enforcement agencies along with actions proposed to mitigate any burdens created by the development.

Community facilities and services. Existing community facilities and services and how the proposed use will affect those facilities and services, including projected needs for additional facilities and services.

Economic and social impacts. The local economy and social structure and how the proposed use is likely to affect them.

Additional requirements. In addition to the above requirements, the governing body may require such other information as may be reasonably necessary for the City to evaluate the proposed use for its impacts upon the community, including but not limited to:

There was a failure to strictly comply with statutory procedure.

There was a failure to substantially comply with statutory procedure which resulted in insufficient notification to the public of impending changes in or the existence of the ordinance, so that the public would be prevented from commenting on those changes and intervening, if necessary, or from having knowledge of the existence of the ordinance.

There exist facts sufficient to rebut any presumption that the City, residents, and landowners within the City have substantially relied upon the validity and effectiveness of the ordinance.

If the challenge is made more than two years from the date of the alleged enactment, it must also be shown that:

Land use appeals shall be entered as of course by the prothonotary upon the filing of a land use appeal notice which concisely sets forth the grounds on which the appellant relies. The appeal notice need not be verified. The land use appeal notice shall be accompanied by a true copy thereof.

Upon filing of a land use appeal, the Prothonotary shall forthwith, as of course, send to City Council, the Zoning Board or agency whose decision or action has been appealed, by registered or certified mail, the copy of the land use appeal notice, together with a writ of certiorari commanding City Council or the Zoning Board, within 20 days after receipt thereof, to certify to the court its entire record in the matter in which the land use appeal has been taken, or a true and complete copy thereof, including any transcript of testimony in existence and available to City Council or Zoning Board at the time it received the writ of certiorari.

If the appellant is a person other than the landowner of the land directly involved in the decision or action appealed from, the appellant, within seven days after the land use appeal is filed, shall serve a true copy of the land use appeal notice by mailing said notice to the landowner or his attorney at his last known address. For identification of such landowner, the appellant may rely upon the record of the City and, in the event of good faith mistakes as to such identity, may make such service nunc pro tunc by leave of court.

The filing of an appeal in court under this section shall not stay the action appealed from, but the appellants may petition the court for a stay. If the appellants are persons who are seeking to prevent a use or development of the land of another, whether or not a stay is sought by them, the landowner whose use or development is in question may petition the court to order the appellants to post bond as a condition to proceeding with the appeal. After the petition for posting a bond is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the landowners to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for posting a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him, her or it if an appeal is taken from a final decision of the Court. The question of the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the respondent to the petition for posting a bond to post a bond shall be interlocutory. If an appeal is taken by a respondent to the petition for posting a bond from an order of the court dismissing a land use appeal for refusal to post a bond, such responding party, upon motion of petitioner and, after hearing in the court having jurisdiction of land use appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by petitioner.

In a land use appeal, the court shall have the power to declare an ordinance or map invalid and set aside or modify any action, decision or order of City Council, the Zoning Hearing Board or Zoning Officer or City Engineer brought up on appeal.

If the court finds that an ordinance or map, or a decision or order thereunder, which has been brought up for review unlawfully prevents or restricts a development or use which has been described by the landowner through plans and other materials submitted to the City, the Zoning Hearing Board, Zoning Officer or City Engineer whose action or failure to act is in question on the appeal, it may order the described development or use approved as to all elements or it may order it approved as to some elements and refer other elements to City Council, the Zoning Hearing Board, Zoning Officer or City Engineer having jurisdiction thereof for further proceedings, including the adoption of alternative restrictions, in accordance with the court's opinion and order.

Upon motion any of the parties or upon motion by the court, the judge of the court may hold a hearing or hearings to receive additional evidence or employ experts to aid the court to frame an appropriate order. If the court employs an expert, the report or evidence of such expert shall be available to any party and he or she shall be subject to examination or cross-examination by any party. He or she shall be paid reasonable compensation for his or her services which may be assessed against any or all of the parties as determined by the court. The court shall retain jurisdiction of the appeal during the pendency of any such further proceedings and may, upon motion of the landowner, issue such supplementary orders as it deems necessary to protect the rights of the landowner as declared in its opinion and order.

The fact that the plans and other materials are not in a form or are not accompanied by other submissions which are required for final approval of the development or use in question or for the issuance of permits shall not prevent the court from granting the definitive relief authorized. The court may act upon preliminary or sketch plans by framing its decree to take into account the need for further submissions before final approval is granted.