Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1264
Zoning Hearing Board
§ 1264.01 Establishment; Continuation.
[Ord. 2121, passed 11-9-1992]
The Zoning Hearing Board (the "Board") presently in existence shall continue to constitute the Zoning Hearing Board of the Municipality of Penn Hills under this Zoning Code. Matters pending before the Zoning Hearing Board at the time this Zoning Code becomes effective shall continue and be completed under the law in effect at the time such Board took jurisdiction of them.
§ 1264.02 Reappointment of Members; Continuity of Office.
[Ord. 2121, passed 11-9-1992]
Those members of the Board existing under the prior zoning ordinance are hereby reappointed and shall serve out their unexpired terms as members of the present Board, in accordance with the provisions of this section.
§ 1264.03 Membership; Holding Other Office; Terms of Office.
[Ord. 2121, passed 11-9-1992]
The Board shall consist of five residents of the Municipality of Penn Hills appointed by the Council. Members of the Board shall hold no other office in the Municipality of Penn Hills. The terms of office shall be five years.
§ 1264.04 Vacancies.
[Ord. 2121, passed 11-9-1992]
The Board shall promptly notify the Council of any vacancies which occur. Appointments by the Council to fill vacancies shall be only for the unexpired portion of the term.
§ 1264.05 Removal of Members.
[Ord. 2121, passed 11-9-1992]
A member of the Board may be removed for malfeasance or nonfeasance in office, or for other just cause, by a majority vote of the Council. The Board member must receive 15 days advance written notice of the intent of the Council to vote on the member's removal. The written notice shall be accompanied by a clear, written statement of the specific charges. A hearing shall be held in connection with the vote if the Board member shall so request in writing.
§ 1264.06 Organization; Quorum; Hearings.
[Ord. 2121, passed 11-9-1992]
The Board shall elect its officers from its own membership. The officers shall serve annual terms and may succeed themselves. 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 Board, but the Board may appoint a hearing officer from its own membership to conduct any hearings on its behalf, and the parties may waive further action by the Board, as provided by the M.P.C.
§ 1264.07 Rules and Regulations.
[Ord. 2121, passed 11-9-1992]
The Board may make, alter and rescind rules and regulations, and forms for its procedures, such as are consistent with the ordinances of the Municipality of Penn Hills and the laws of Pennsylvania. The Board shall keep full public records of its business and shall submit a report of its activities to the Council annually. All records and rules of the Board shall be on file for public inspection in the Department of Planning and Economic Development.
§ 1264.08 Expenditures; Compensation.
[Ord. 2121, passed 11-9-1992]
Within limits of funds appropriated by the Council, 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 Council, but in no case shall such compensation exceed the rate of compensation authorized to be paid to Council members.
§ 1264.09 Meetings and Public Hearings.
[Ord. 2121, passed 11-9-1992]
(b)
All meetings of the Board shall be open to the public. The Board shall adopt its own rules of procedure in accordance with § 1264.07. The Board shall keep minutes of its proceedings, showing whether a member was present or absent and the vote of each member upon each question, and shall keep stenographic records of its hearings, and other official actions. All Board records shall be filed in the Department of Code Enforcement and shall be available for public inspection. Upon the filing of an application or appeal, the Board shall fix a time and place for a public hearing and shall, in the manner prescribed by this Zoning Code and the M.P.C., give public notice thereof. The Board shall conduct the hearings and render decisions in the manner prescribed by the M.P.C. as now established or as hereafter amended.
§ 1264.10 Notice of Public Hearings.
[Ord. 2121, passed 11-9-1992]
Public notice shall be given by publication once a week for two consecutive weeks in a newspaper of general subject circulation in the Municipality of Penn Hills. The owner of the property, or his or her agent, shall be notified by mail not more than 30 days and not less than 14 days in advance of the Board hearing. In addition, notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
§ 1264.11 Powers and Duties.
[Ord. 2121, passed 11-9-1992]
The Board shall have the power and duty to perform the following functions in accordance with the M.P.C.:
(a)
To hear and decide appeals from any order, decision, determination, or requirement made by the Code Enforcement Officer in the administration and enforcement of this Zoning Code, where it is alleged that the Code Enforcement Officer has failed to follow prescribed procedures, or has misinterpreted or misapplied any provision of a valid ordinance, map, or rule or regulation governing the action of the Code Enforcement Officer.
(b)
To hear challenges to the validity of this Zoning Code or the Zoning Map, as prescribed by the M.P.C.
(c)
To hear and decide requests for a variance from the requirements of this Zoning Code, where it is alleged that the strict application of the provisions of this Zoning Code would result in unnecessary hardship that would deprive the owner of the reasonable use of the land. The Board shall also have the power to attach such conditions to the variance as it deems necessary to implement the general purpose and intent of this Zoning Code. No variance shall be granted unless the Board determines and fully describes in its findings the following:
(1)
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 the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Zoning Code, in the neighborhood or district in which the property is located.
(2)
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 this Zoning Code, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
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.
(5)
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.
(d)
To hear and decide requests for special exceptions expressly allowed by the provisions of this Zoning Code, and subject to the standards and criteria set forth in Chapter 1282.
(e)
To hear, where the Board has jurisdiction over zoning matters in this section, all other appeals which the applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. The Board shall take evidence and make findings on all relevant issues of fact. However, the Board shall have no power to pass upon the non-zoning issues.
(f)
The Board shall also have such other powers as are set forth in the M.P.C. now, and as hereinafter amended.
§ 1264.12 Appeals to Court.
[Ord. 2121, passed 11-9-1992]
Any party aggrieved by any decision of the Board may appeal therefrom within 30 days to the Court of Common Pleas of Allegheny County, in the manner prescribed by the M.P.C.
§ 1264.13 Time Limitations.
[Ord. 2121, passed 11-9-1992]
Upon receiving an approval for a variance or special exception, a landowner will have 12 months from the date of the Board decision to obtain a building permit, an occupancy permit, or otherwise establish or develop the property in accordance with the Board approval or the variance or special exception shall become null and void. The Planning Director may, however, grant an extension of time if the landowner requests such an extension, and if good cause is shown.