“The Zoning Hearing Board (ZHB) is a quasi-judicial body that hears and renders decisions regarding specific types of land use actions. The ZHB functions like a court, although formal court procedures are not necessarily required. The Pennsylvania Municipalities Planning Code (MPC) provides a specific set of rules that must be followed for applications submitted to the ZHB.” – (SOURCE: Fact Sheet Governor’s Center for Local Government Services)
Lots of issues brought before Zoning Hearing Boards deal in “tit for tat” testimony from neighboring citizens. Often, the issues involve one business or neighbor petitioning to have a change, a modification or a variance to the municipalities’ codes. Sometimes, the petition pits neighbors against neighbors as they align on one side of the issue or the other.
The Zoning Hearing Board members hear the testimony and comments from all sides during the discussion phase of discovery, then this “quasi-judicial body” must adjudicate a decision based on facts rather than opinion. The Zoning Hearing Board members must sometimes embrace the wisdom of Solomon.
The other cases on last night’s agenda included these:
- 250 North Seventh Street – The discussion on the conversion of the Lazarus Foundation property to the Catholic War Veterans Home Association, (“Catholic War Veterans Home Association is requesting special exception(s) and/or variance(s) to operate a membership club at 250 North Seventh Street in an Institutional Residential (INSR) zoned district.”) which was continued from January 30, was “upon request” continued to March 27, 2013.
- 246 Walnut Street – The request for “special exception(s) and/or variance(s) to convert the third floor living space into another dwelling unit at 246 Walnut Street in a High Density Residential (HDR) zoned district” was denied.
- 1011 Locust Street – The request for “special exception(s) and/or variance(s) to add a home occupation – single operator beauty salon – at 1011 Locust Street in a Medium Density Residential (MDR) zoned district” was approved with conditions.