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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON URBAN AFFAIRS, MARCH 19, 2012 |
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| AN ACT |
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1 | Amending the act of May 6, 1929 (P.L.1551, No.469), entitled "An |
2 | act authorizing cities of the first class to adopt and |
3 | enforce zoning ordinances; regulating and restricting the |
4 | height, location, size, bulk and use of buildings and/or |
5 | land, the areas to be occupied by buildings in proportion to |
6 | the size of the lots upon which they stand, the size of |
7 | courts, yards and other open spaces appurtenant thereto, and |
8 | the density of population, and for these purposes to |
9 | establish districts and boundaries; to designate and regulate |
10 | residential, commercial and industrial or other uses within |
11 | such districts and boundaries; and providing for the |
12 | appointment of a zoning commission and a board of adjustment, |
13 | the creation of a bureau of zoning, and setting forth the |
14 | duties and functions of said commission, board and bureau; |
15 | providing for the administration and enforcement of rules and |
16 | ordinances authorized by this act, and penalties for |
17 | violations thereof," further providing for board of |
18 | adjustment. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 8 of the act of May 6, 1929 (P.L.1551, |
22 | No.469), entitled "An act authorizing cities of the first class |
23 | to adopt and enforce zoning ordinances; regulating and |
24 | restricting the height, location, size, bulk and use of |
25 | buildings and/or land, the areas to be occupied by buildings in |
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1 | proportion to the size of the lots upon which they stand, the |
2 | size of courts, yards and other open spaces appurtenant thereto, |
3 | and the density of population, and for these purposes to |
4 | establish districts and boundaries; to designate and regulate |
5 | residential, commercial and industrial or other uses within such |
6 | districts and boundaries; and providing for the appointment of a |
7 | zoning commission and a board of adjustment, the creation of a |
8 | bureau of zoning, and setting forth the duties and functions of |
9 | said commission, board and bureau; providing for the |
10 | administration and enforcement of rules and ordinances |
11 | authorized by this act, and penalties for violations thereof," |
12 | repealed in part April 28, 1978 (P.L.202, No.53), is amended to |
13 | read: |
14 | Section 8. Board of Adjustment.--(a) (1) If a city of the |
15 | first class avails itself of the provisions of this act, the |
16 | mayor of such city shall, with the approval of council, appoint |
17 | a board of adjustment, and, in the regulations and restrictions |
18 | adopted pursuant to the authority of this act, may provide that |
19 | the said board of adjustment may, in appropriate cases and |
20 | subject to appropriate conditions and safeguards, make special |
21 | exceptions to the terms of the ordinance, in harmony with its |
22 | general purposes and intent and in accordance with general or |
23 | specific rules therein contained. The board of adjustment shall |
24 | consist of five members, one of whom shall be designated to |
25 | serve until the first day of January following the adoption of |
26 | the zoning ordinance, two until the first day of the second |
27 | January thereafter, and two until the first day of the third |
28 | January thereafter. Their successors shall be appointed on the |
29 | expiration of their respective terms to serve three years. The |
30 | members of the board shall be removable for cause by the |
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1 | appointing authority, upon written charges and after public |
2 | hearing. Vacancies shall be filled by the appointing authority |
3 | for the unexpired term of any member whose term becomes vacant. |
4 | The council may provide for the compensation of those members of |
5 | the board of adjustment who do not hold any other office or |
6 | position of profit under the city government, or any department |
7 | thereof, or in or under the government of the United States, or |
8 | of this Commonwealth, or of any county, city, or other public |
9 | political subdivision thereof. The mayor of such city shall |
10 | designate the chairman of the board. The board shall adopt rules |
11 | in accordance with the provisions of any ordinance adopted |
12 | pursuant to this act. Meetings of the board shall be held at the |
13 | call of the chairman, and at such other times as the board may |
14 | determine. The chairman, or, in his absence the acting chairman, |
15 | may administer oaths and compel the attendance of witnesses. All |
16 | meetings of the board shall be open to the public. The board |
17 | shall keep minutes of its proceedings, showing the vote of each |
18 | member upon each question, or, if absent or failing to vote, |
19 | indicating such fact, and shall keep records of its examinations |
20 | and other official actions, all of which shall be immediately |
21 | filed in the office of the board and shall be a public record. |
22 | (2) Appeals to the board of adjustment may be taken by any |
23 | person aggrieved, or by any officer, department, board, or |
24 | bureau of the city affected by any decision of the |
25 | administrative officer. Such appeal shall be taken within a |
26 | reasonable time, as provided by the rules of the board, by |
27 | filing with the officer from whom the appeal is taken and with |
28 | the board of adjustment a notice of appeal specifying the |
29 | grounds thereof. The officer from whom the appeal is taken shall |
30 | forthwith transmit to the board all the papers constituting the |
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1 | record upon which the action appealed from was taken. |
2 | (b) (1) An appeal stays all proceedings in furtherance of |
3 | the action appealed from, unless the officer from whom the |
4 | appeal is taken certifies to the board of adjustment, after the |
5 | notice of appeal shall have been filed with him, that by reason |
6 | of facts stated in the certificate, a stay would in his opinion |
7 | cause imminent peril to life or property. In such case, |
8 | proceedings shall not be stayed, otherwise than by a restraining |
9 | order which may be granted by the board of adjustment, or by a |
10 | court of record on application and notice to the officer from |
11 | whom the appeal is taken and on due cause shown. |
12 | (2) The board of adjustment shall fix a reasonable time for |
13 | the hearing of the appeal, give public notice thereof, as well |
14 | as due notice to the parties in interest, and decide the same |
15 | within a reasonable time. Upon the hearing any party may appear |
16 | in person or by agent or by attorney. |
17 | (c) The board of adjustment shall have the following powers: |
18 | [1.] (1) To hear and decide appeals where it is alleged |
19 | there is error in any order, requirement, decision or |
20 | determination made by an administrative official in the |
21 | enforcement of this act, or of any ordinance adopted pursuant |
22 | thereto. |
23 | [2.] (2) To hear and decide special exceptions to the terms |
24 | of the ordinance upon which such board is required to pass under |
25 | such ordinance. |
26 | [3.] (3) To authorize, upon appeal, in specific cases, such |
27 | variance from the terms of the ordinance as will not be contrary |
28 | to the public interest, where, owing to special conditions, a |
29 | literal enforcement of the provisions of the ordinance will |
30 | result in unnecessary hardship, and so that the spirit of the |
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1 | ordinance shall be observed and substantial justice done. |
2 | In exercising the above-mentioned powers, such board may, in |
3 | conformity with the provisions of this act, reverse or affirm, |
4 | wholly or partly, or may modify, the order, requirement, |
5 | decision or determination appealed from, and may make such |
6 | order, requirement, decision or determination as ought to be |
7 | made, and, to that end, shall have all the powers of the officer |
8 | from whom the appeal is taken. |
9 | The concurring vote of four members of the board of |
10 | adjustment shall be necessary to reverse any order, requirement, |
11 | decision or determination of any such administrative official, |
12 | or to decide in favor of the applicant on any matter upon which |
13 | it is required to pass under any such ordinance, or to effect |
14 | any variation in such ordinance. |
15 | (d) Subject to the provisions of subsection (b), if it is |
16 | determined by the court that the original finding or decision of |
17 | the zoning board of adjustment in a city of the first class was |
18 | in error and is overturned, the aggrieved party shall be awarded |
19 | reasonable attorney fees in an amount to be determined by the |
20 | court, together with related costs wherein which the award shall |
21 | be paid by the city of the first class. |
22 | (e) If the court determines that the zoning board of |
23 | adjustment acted with gross negligence, in bad faith or with |
24 | malice in rendering its decision, the award shall be twice the |
25 | amount of the reasonable attorney fees and related costs. |
26 | Section 2. This act shall take effect in 60 days. |
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