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| Larry Mann, Chairman Term Exp: January 2012 |
| Larry Brindle, Vice- Chairman Term Exp: January 2010 |
| Donald Brown, Member Term Exp: January 2011 |
| Ruth Ann Schaeffer, 1st Alternate Member Term Exp: January 2010 |
| VACANT SEAT, 2nd Alternate Member Term Exp: January 2010 |
| Zoning Hearing Board Appeals: |
| Special Exception |
| All Other |
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A zoning hearing board consists of either three or five members appointed by resolution of the governing body,
all of whom must be residents* of the municipality.
Members of the board shall hold no other office in the municipality.
Act 170 of 1988, deleted the exception that had allowed no more than one member of the board to also be a
member of the planning commission.
To reiterate, a planning commission member may no longer serve on the zoning hearing board; one of the
positions must be resigned.
* Legal residence is best determined by where a person lives; it not only includes a person’s intention to live
somewhere, but also a physical presence. A person cannot declare a residence inconsistent with the fact of
where on lives.
Any municipality enacting a zoning ordinance must also create a zoning hearing board (ZHB).
The primary purpose of such a board is to help assure fair and equitable application and administration of the
zoning ordinance by hearing appeals on the zoning officer’s determinations and by granting relief from the
literal enforcement of the ordinance in certain hardship situations.
The right to appeal for relief is an important step in insuring that due process is followed when restricting use of
private property for a predetermined public good.
Since the board has no legislative power, it can neither make nor modify zoning policy. Neither does the zoning
hearing board have enforcement powers. It is a quasi-judicial body; that is, its powers are to some extent
judicial in nature.
The board schedules hearings on applications and appeals that come before it, takes evidence, and issues
written decisions with findings of fact and conclusions of law.
A ZHB must limit its scope of activities to those permitted by the Pennsylvania Municipalities Planning Code
(MPC) and by the local zoning ordinance.
It is important that the zoning hearing board members have a thorough knowledge not only of its specific
functions, but also of its place within the arena of local planning decisions. While the board is not responsible
for the contents of the zoning ordinance, it nevertheless plays a vital role in the overall effectiveness of the
ordinance.
In addition the board may detect weaknesses in the zoning ordinance perhaps as a result of frequent and
similar variance requests. When a flaw, weakness, lack of clarity is noticed, it should be passed along.
Therefore, the board may request the planning commission or governing body to consider a zoning amendment
to correct an ordinance flaw.
The board certainly needs to be aware of the governing body’s zoning goals and
objectives. The comprehensive plan provides necessary insight into the purposes of the zoning ordinance.
Excerpted from the Department of Community and Economic Development Publications (DCED)
(The Zoning Hearing Board Planning Series #6)
all of whom must be residents* of the municipality.
Members of the board shall hold no other office in the municipality.
Act 170 of 1988, deleted the exception that had allowed no more than one member of the board to also be a
member of the planning commission.
To reiterate, a planning commission member may no longer serve on the zoning hearing board; one of the
positions must be resigned.
* Legal residence is best determined by where a person lives; it not only includes a person’s intention to live
somewhere, but also a physical presence. A person cannot declare a residence inconsistent with the fact of
where on lives.
Any municipality enacting a zoning ordinance must also create a zoning hearing board (ZHB).
The primary purpose of such a board is to help assure fair and equitable application and administration of the
zoning ordinance by hearing appeals on the zoning officer’s determinations and by granting relief from the
literal enforcement of the ordinance in certain hardship situations.
The right to appeal for relief is an important step in insuring that due process is followed when restricting use of
private property for a predetermined public good.
Since the board has no legislative power, it can neither make nor modify zoning policy. Neither does the zoning
hearing board have enforcement powers. It is a quasi-judicial body; that is, its powers are to some extent
judicial in nature.
The board schedules hearings on applications and appeals that come before it, takes evidence, and issues
written decisions with findings of fact and conclusions of law.
A ZHB must limit its scope of activities to those permitted by the Pennsylvania Municipalities Planning Code
(MPC) and by the local zoning ordinance.
It is important that the zoning hearing board members have a thorough knowledge not only of its specific
functions, but also of its place within the arena of local planning decisions. While the board is not responsible
for the contents of the zoning ordinance, it nevertheless plays a vital role in the overall effectiveness of the
ordinance.
In addition the board may detect weaknesses in the zoning ordinance perhaps as a result of frequent and
similar variance requests. When a flaw, weakness, lack of clarity is noticed, it should be passed along.
Therefore, the board may request the planning commission or governing body to consider a zoning amendment
to correct an ordinance flaw.
The board certainly needs to be aware of the governing body’s zoning goals and
objectives. The comprehensive plan provides necessary insight into the purposes of the zoning ordinance.
Excerpted from the Department of Community and Economic Development Publications (DCED)
(The Zoning Hearing Board Planning Series #6)
| Variance |
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