(14)   Public Hearings of the Zoning Board of Adjustment.
All Zoning Board hearings are subject to the following provisions:
(a)   Hearings of the Zoning Board shall be held at the call of the Chairman and at such other times as the Zoning Board may determine.
(b)   Three members of the Zoning Board shall constitute a quorum for any public hearing required under this Zoning Code.
(c)   No action shall be taken by the Board unless at least three members of the Board, present at the time of the vote, concur.
(d)   All hearings shall be open to the public.
(e)   Any organization or member of the public who attends a public hearing before the Zoning Board shall be permitted to offer testimony individually regardless of whether the organization, individual or person on whose behalf they are offering testimony has standing to appeal the decision by the Zoning Board to the Court of Common Pleas.
(f)   Except as provided in § 14-303(14)(g) below, any person may appear in person or by an attorney, and may be accompanied by a family member or translator. Statements by a person's attorney on his or her behalf shall not be considered as testimony, except where agreed upon by the parties. 200
(g)   Any corporation, including an incorporated nonprofit, that is the applicant in the matter before the Zoning Board shall be represented by an attorney at the public hearing on that matter before the Zoning Board.
(h)   The Zoning Board may determine the order of testimony and may establish time limits on testimony in order to allow all interested parties to be heard and may, in its discretion, prevent duplicative testimony.
(i)   The Zoning Board may administer oaths and compel the production of documents and the attendance of witnesses, and issue subpoenas for that purpose.
(j)   Attorneys representing applicants or objectors, including but not limited to attorneys representing civic groups, will be permitted to cross-examine, present evidence, and request the issuance of subpoenas.
(k)   In all public hearings before the Zoning Board, any agency of the City shall have the power to appear and to present facts and information to assist the Zoning Board in reaching a decision.
(l)   Hearings on appeals relating to the One Year Rule set forth in § 14-303(6)(g) (The One Year Rule) shall be conducted in accordance with the procedures set forth in that subsection. 201
(m)   All decisions of the Zoning Board shall state in writing the reason(s) for the decision, and notice of the decision shall be mailed to the applicant, the applicant's attorney of record, such other persons or attorneys who have properly entered an appearance in the case, and any Registered Community Organization or member of City Council (or their representative) who has submitted a letter concerning the matter. The decision shall be a public record. Formal findings of fact are not required. 202
(n)   The Zoning Board shall prepare an annual report to be sent to the Federal Emergency Management Agency of all variances granted during the previous calendar year within areas subject to flooding as provided in § 14-704(4) (Flood Protection) describing the conditions under which the variances were granted.

 

Notes

200
   Amended, Bill No. 150264 (approved June 16, 2015).
201
   Amended, Bill No. 120774-A (approved January 14, 2013).
202
   Amended, Bill No. 190506 (approved November 6, 2019).