A. Public hearing requirement. Upon the filing with the Zoning Hearing Board of an application for a special exception or variance or an interpretation or appeal from the terms of this chapter, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined therein. Upon the filing with the Board of Commissioners of an application for a conditional use or curative amendment or a petition for amendment to this chapter pursuant to Article
XVIII, the Board of Commissioners shall fix a reasonable time and place for a public hearing thereon and shall give public notice as defined herein. Public hearings shall be held within 60 days from the date the applicant's request is filed, unless the applicant has agreed in writing to an extension of time.
B. Notice requirement. Written notice shall be given to the applicant, the Code Enforcement Officer, Township Planning Commission, Zoning Hearing Board, Board of Commissioners and to any person who has made timely request for the same. In addition, written notice of the public hearing shall be conspicuously posted on the affected tract at least one week prior to the hearing. Where the affected tract has more than 300 feet frontage on a street, written notice shall be posted at intervals of not less than 200 feet. In addition, notices by regular first class mail shall be sent to all residences, property owners and properties within 1,000 feet in RA, RB and RC Zoning Districts and within 500 feet in all other zoning districts.
C. Notice content. The notice shall state the general nature of the proposed amendment and that full opportunity to be heard will be given to any citizen and all parties interested in attending such hearing. The notice shall state the location of the building or lot and the general nature of the question involved.
D. Record of proceedings. The Board having jurisdiction shall keep a stenographic record of the public hearing proceedings.
E. Notice of decision or findings. The Board having jurisdiction shall make written findings on the application within 45 days after the last hearing before the Board. Where the application is authorized, such a decision and any conditions attached thereto shall be enforceable in the same manner as other provisions of this chapter. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor.
F. Appeals to Court. Any persons aggrieved by any decision of the Board of Commissioners or the Zoning Hearing Board may, in 30 days after any decision of the Board having jurisdiction, appeal to the Court of Common Pleas of Delaware County by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, specifying the grounds upon which he relies.
For more detailed information on the Zoning Hearing Board, see
§ 300-136: Zoning Hearing Board.