Zoning Hearing Board Members:
Larry Mann, Chairman
Term Exp: January 2012
Donald Brown, Vice- Chairman
Term Exp: January 2014
Larry Brindle, Member
Term Exp: January 2013
Ruth Ann Schaeffer, 1st Alternate Member
Term Exp: January 2014
Donna Reilly, 2nd Alternate Member
Term Exp: January 2014
Application for Appointment to Boards, Commissions, Committees
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)
Variance
SCHEDULED HEARINGS
 
 
 
 
 
Zoning Hearing Board Secretary

Cynthia Hummel

570-345-4202 Ext 21

pgtown2@comcast.net

Meetings held the 4th Thursday of each month at 7:00 PM
Schuylkill County, Pennsylvania