West Homestead City Zoning Code
PART 16
ZONING HEARING BOARD
§ 27-1601 Creation.
[Ord. 560, 6/11/1996, Art. XVI, § 1]
The Zoning Hearing Board (Board) presently in existence, shall continue to constitute the Zoning Hearing Board of the Borough of West Homestead under this chapter. Matters pending before the Zoning Hearing Board at the time this chapter becomes effective shall continue and be completed under the law(s) in effect at the time the particular petitions) regarding the issue was filed.
§ 27-1602 Continuity of Office.
[Ord. 560, 6/11/1996, Art. XVI, § 2]
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 Part.
§ 27-1603 Membership, Term of Office.
[Ord. 560, 6/11/1996, Art. XVI, § 3]
The Zoning Hearing Board shall consist of three residents of the Borough of West Homestead appointed by Council. The members of the existing Board shall continue in office in accordance with § 27-1602. The term of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Borough of West Homestead.
§ 27-1604 Vacancies.
[Ord. 560, 6/11/1996, Art. XVI, § 4]
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.
§ 27-1605 Removal of Members.
[Ord. 560, 6/11/1996, Art. XVI, § 5]
A member of the Board may be removed for malfeasance or nonfeasance in office, or for other just cause, by a majority vote of Council. The Board member must receive a majority vote of Council. The Board member must receive 15 days advance written notice of the intent of 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.
§ 27-1606 Organization of the Board.
[Ord. 560, 6/11/1996, Art. XVI, § 6]
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 he 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 he municipality.
§ 27-1607 Rules and Regulations.
[Ord. 560, 6/11/1996, Art. XVI, § 7]
The Board may make, alter and rescind rules and regulations, and forms for its procedures, such as are consistent with the ordinances of the Borough of West Homestead 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 or public inspection in the office of the Borough secretary.
§ 27-1608 Expenditures.
[Ord. 560, 6/11/1996, Art. XVI, § 8]
Within the limit of funds appropriated by 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 Council, but in no case shall such compensation exceed the rate of compensation authorized to be paid to Council members.
§ 27-1609 Meetings and Public Hearings.
[Ord. 560, 6/11/1996, Art. XVI, § 9]
2.
All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing whether a member was present or absent and the vote of each member upon each questions, and shall keep stenographic records of its hearings, and other official actions. All Board records shall be filed with the Zoning Officer, with a copy to the president of Council and the mayor, and shall be available for public inspection. Upon the filing of an application or appeal, the Board shall specify a time and place for a public hearing and shall, in the manner prescribed by this chapter and Council give public notice thereof. The Board shall conduct the hearings and render decisions in the manner prescribed by Council as now established or as hereafter amended.
§ 27-1610 Notice of Hearing.
[Ord. 560, 6/11/1996, Art. XVI, § 10]
Notice of hearing shall be give in accordance with § 908 of the MPC. In addition, public notice shall be given by publication once in a newspaper of general circulation in the Borough of West Homestead, not less than seven days prior to said hearing. The owner of the property, or his 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.
§ 27-1611 Powers and Duties.
[Ord. 560, 6/11/1996, Art. XVI, § 11]
1.
The Board shall in accordance with the provisions of the MPC have the power and duty to perform the following functions in accordance with the Borough:
A.
To hear and decide appeals as outlined under § 27-1502.2 from any administrative order, decision, determination, or requirement made by he Zoning Officer in the administration and enforcement of this chapter, where it is alleged that the Zoning 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 Zoning Officer.
B.
To hear procedural and/or substantive challenges to the validity of this chapter or the zoning map, as prescribed by the Borough.
C.
To hear and decide requests for a variance from the requirements of this chapter, where it is alleged that the strict application of the provisions of this chapter would result in an "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 chapter. No variance shall be granted unless the Board determines and fully describes in its findings, that all of the following tests can be answered in the affirmative:
(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 his ordinance, in the neighborhood or district in which he 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 chapter, 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 (applicant) or a predecessor in title.
(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 lease modification possible of the regulation in issue.
D.
To hear and decide requests for special exceptions which are expressly permitted by the provisions of this chapter, and subject to the standards and criteria set forth in Part 13 of this chapter.
E.
To hear, where the Board has jurisdiction over zoning matters in this Part, all other appeals which the applicant may elect to bring before it with respect to any Borough ordinance or requirement pertaining to the same development. The Board shall take evidence and make findings on all relevant issues of fact. However, the Board shall have no power to act upon issues which do not relate directly to this chapter. Nor shall the Board assume any authority to grant relief not specifically authorized by this chapter.
§ 27-1612 Right of Appeal.
[Ord. 560, 6/11/1996, Art. XVI, § 12]
Any party aggrieved by any decision of the Board may appeal therefrom within 30 days to the court of common pleas of Allegheny County.