Bill Text: PA HB2262 | 2011-2012 | Regular Session | Introduced

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Bill Title: Amending the act of May 6, 1929 (P.L.1551, No.469), entitled "An act authorizing cities of the first class to adopt and enforce zoning ordinances; regulating and restricting the height, location, size, bulk and use of buildings and/or land, the areas to be occupied by buildings in proportion to the size of the lots upon which they stand, the size of courts, yards and other open spaces appurtenant thereto, and the density of population, and for these purposes to establish districts and boundaries; to designate and regulate residential, commercial and industrial or other uses within such districts and boundaries; and providing for the appointment of a zoning commission and a board of adjustment, the creation of a bureau of zoning, and setting forth the duties and functions of said commission, board and bureau; providing for the administration and enforcement of rules and ordinances authorized by this act, and penalties for violations thereof," further providing for board of adjustment.

Spectrum: Moderate Partisan Bill (Democrat 18-4)

Status: (Introduced - Dead) 2012-03-19 - Referred to URBAN AFFAIRS [HB2262 Detail]

Download: Pennsylvania-2011-HB2262-Introduced.html

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PRINTER'S NO. 3238
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2262 Session of2012
INTRODUCED BY SABATINA, BROWNLEE, CALTAGIRONE, CARROLL, COHEN, D. COSTA, P. COSTA, CREIGHTON, CRUZ, DeLUCA, DONATUCCI, ELLIS, FABRIZIO, W. KELLER, KULA, McGEEHAN, MURT, M. O'BRIEN, K. SMITH, TAYLOR, THOMAS AND YOUNGBLOOD, MARCH 19, 2012
REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 19, 2012
AN ACT
Amending the act of May 6, 1929 (P.L.1551, No.469), entitled "An
act authorizing cities of the first class to adopt and
enforce zoning ordinances; regulating and restricting the
height, location, size, bulk and use of buildings and/or
land, the areas to be occupied by buildings in proportion to
the size of the lots upon which they stand, the size of
courts, yards and other open spaces appurtenant thereto, and
the density of population, and for these purposes to
establish districts and boundaries; to designate and regulate
residential, commercial and industrial or other uses within
such districts and boundaries; and providing for the
appointment of a zoning commission and a board of adjustment,
the creation of a bureau of zoning, and setting forth the
duties and functions of said commission, board and bureau;
providing for the administration and enforcement of rules and
ordinances authorized by this act, and penalties for
violations thereof," further providing for board of
adjustment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8 of the act of May 6, 1929 (P.L.1551,
No.469), entitled "An act authorizing cities of the first class
to adopt and enforce zoning ordinances; regulating and
restricting the height, location, size, bulk and use of
buildings and/or land, the areas to be occupied by buildings in
proportion to the size of the lots upon which they stand, the
size of courts, yards and other open spaces appurtenant thereto,
and the density of population, and for these purposes to
establish districts and boundaries; to designate and regulate
residential, commercial and industrial or other uses within such
districts and boundaries; and providing for the appointment of a
zoning commission and a board of adjustment, the creation of a
bureau of zoning, and setting forth the duties and functions of
said commission, board and bureau; providing for the
administration and enforcement of rules and ordinances
authorized by this act, and penalties for violations thereof,"
repealed in part April 28, 1978 (P.L.202, No.53), is amended to
read:
Section 8. Board of Adjustment.--(a) (1) If a city of the
first class avails itself of the provisions of this act, the
mayor of such city shall, with the approval of council, appoint
a board of adjustment, and, in the regulations and restrictions
adopted pursuant to the authority of this act, may provide that
the said board of adjustment may, in appropriate cases and
subject to appropriate conditions and safeguards, make special
exceptions to the terms of the ordinance, in harmony with its
general purposes and intent and in accordance with general or
specific rules therein contained. The board of adjustment shall
consist of five members, one of whom shall be designated to
serve until the first day of January following the adoption of
the zoning ordinance, two until the first day of the second
January thereafter, and two until the first day of the third
January thereafter. Their successors shall be appointed on the
expiration of their respective terms to serve three years. The
members of the board shall be removable for cause by the
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appointing authority, upon written charges and after public
hearing. Vacancies shall be filled by the appointing authority
for the unexpired term of any member whose term becomes vacant.
The council may provide for the compensation of those members of
the board of adjustment who do not hold any other office or
position of profit under the city government, or any department
thereof, or in or under the government of the United States, or
of this Commonwealth, or of any county, city, or other public
political subdivision thereof. The mayor of such city shall
designate the chairman of the board. The board shall adopt rules
in accordance with the provisions of any ordinance adopted
pursuant to this act. Meetings of the board shall be held at the
call of the chairman, and at such other times as the board may
determine. The chairman, or, in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses. All
meetings of the board shall be open to the public. The board
shall keep minutes of its proceedings, showing the vote of each
member upon each question, or, if absent or failing to vote,
indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall be immediately
filed in the office of the board and shall be a public record.
(2) Appeals to the board of adjustment may be taken by any
person aggrieved, or by any officer, department, board, or
bureau of the city affected by any decision of the
administrative officer. Such appeal shall be taken within a
reasonable time, as provided by the rules of the board, by
filing with the officer from whom the appeal is taken and with
the board of adjustment a notice of appeal specifying the
grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board all the papers constituting the
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record upon which the action appealed from was taken.
(b) (1) An appeal stays all proceedings in furtherance of
the action appealed from, unless the officer from whom the
appeal is taken certifies to the board of adjustment, after the
notice of appeal shall have been filed with him, that by reason
of facts stated in the certificate, a stay would in his opinion
cause imminent peril to life or property. In such case,
proceedings shall not be stayed, otherwise than by a restraining
order which may be granted by the board of adjustment, or by a
court of record on application and notice to the officer from
whom the appeal is taken and on due cause shown.
(2) The board of adjustment shall fix a reasonable time for
the hearing of the appeal, give public notice thereof, as well
as due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing any party may appear
in person or by agent or by attorney.
(c) The board of adjustment shall have the following powers:
[1.] (1) To hear and decide appeals where it is alleged
there is error in any order, requirement, decision or
determination made by an administrative official in the
enforcement of this act, or of any ordinance adopted pursuant
thereto.
[2.] (2) To hear and decide special exceptions to the terms
of the ordinance upon which such board is required to pass under
such ordinance.
[3.] (3) To authorize, upon appeal, in specific cases, such
variance from the terms of the ordinance as will not be contrary
to the public interest, where, owing to special conditions, a
literal enforcement of the provisions of the ordinance will
result in unnecessary hardship, and so that the spirit of the
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ordinance shall be observed and substantial justice done.
In exercising the above-mentioned powers, such board may, in
conformity with the provisions of this act, reverse or affirm,
wholly or partly, or may modify, the order, requirement,
decision or determination appealed from, and may make such
order, requirement, decision or determination as ought to be
made, and, to that end, shall have all the powers of the officer
from whom the appeal is taken.
The concurring vote of four members of the board of
adjustment shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official,
or to decide in favor of the applicant on any matter upon which
it is required to pass under any such ordinance, or to effect
any variation in such ordinance.
(d) Subject to the provisions of subsection (b), if it is
determined by the court that the original finding or decision of
the zoning board of adjustment in a city of the first class was
in error and is overturned, the aggrieved party shall be awarded
reasonable attorney fees in an amount to be determined by the
court, together with related costs wherein which the award shall
be paid by the city of the first class.
(e) If the court determines that the zoning board of
adjustment acted with gross negligence, in bad faith or with
malice in rendering its decision, the award shall be twice the
amount of the reasonable attorney fees and related costs.
Section 2. This act shall take effect in 60 days.
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