The Zoning Hearing Board shall be responsible for the following:
A. Appeals from the determination of the Zoning Administrator.
(1) The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Administrator has failed to follow prescribed procedures, failed to grant or deny a permit, failed to act on an application for a permit, failed or refused to register a nonconforming building, lot, structure or sign, has improperly issued a cease and desist order, or has misinterpreted or misapplied any valid provision of this chapter.
(2) All appeals that allege that the Zoning Administrator has made an error shall be filed directly with the Secretary of the Board within 30 days of the Zoning Administrator's alleged error.
(3) Such appeals shall be in writing, shall explain fully the facts, parties in the case, and shall clearly state the reasons or provisions of the Part on which the appeal is based.
B. Challenges to the validity of this chapter or map.
(1) The Board shall hear substantive challenges to the validity of any land use ordinance, except those brought before City Council pursuant to §§ 609.1 and 916.1(a)(2) of the Municipalities Planning Code, as amended, 53 P.S. §§ 10609.1 and 10916.1(a)(2).
(2) The Board shall hear challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.
(3) Within 45 days, the Board shall decide all contested questions and shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the Court.
C. Other appeals.
(1) The Board shall also hear appeals from a determination by the Department of Public Works or Zoning Administrator with reference to the administration of Part 18, Floodplain Overlay Zone, of this chapter.
(2) The Board shall also hear appeals regarding the administration of any transfers of development rights.
(3) The Board shall also hear appeals from the determination of the Zoning Administrator or Department of Public Works in the administration of any ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving the provisions of Chapter 515, Subdivision and Land Development, of the Code of the City of Reading.
(4) The Board shall also hear appeals from any Zoning Administrator's determination made under § 916.2 of the Municipalities Planning Code, as amended, 53 P.S. § 10916.2.
D. Variances.
(1) The Board may hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant.
(2) The Board may grant a variance only if all of the following conditions, where relevant, are determined to exist:
(a) There are unique physical circumstances or conditions (including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Part in the neighborhood or district in which the property is located.
(b) Because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) Such unnecessary hardship has not been created by the appellant.
(d) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(3) In granting any variance, the Board may attach such reasonable conditions and safeguards, as it may deem necessary, to implement the purposes of this chapter.
E. Special exceptions.
(1) The Board shall hear and decide requests for all special exceptions filed with the Board in writing by any landowner (or any authorized agent) as provided in this chapter and in accordance with such standards and criteria contained in this chapter.
(2) In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(3) Special exception use standards are provided in §§ 600-1201 and 600-1202.
F. Conduct of hearings. The Zoning Hearing Board ("the Board") shall conduct hearings and make decisions in accordance with the provisions of § 600-410 hereof and of the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
G. Reporting requirements. The Board shall keep full public records of its business, which is the property of the City, and shall submit an annual report of its activities to the City Council.
H. Court appeals.
(1) In the case of an appeal from the Board to the Court of Common Pleas, the Board shall make the return or file the certiorari required by law, and shall promptly notify the City Solicitor of such appeal and furnish him with a copy of the return including the transcript of testimony.
(2) Any decision of the Board not appealed within 30 days after notice thereof shall be final, unless otherwise provided under state law.