901, 904

• Every municipality that enacts zoning must create a zoning hearing board (board)

903, 905, 906, 907

• 3-5 members, residents of the municipality, as determined and appointed by governing body resolution
• 3 member board serves 3 year terms staggered yearly; 5 member board serves 5 year terms staggered yearly
• 3 alternate members may be appointed for 3 year terms with duties and rights as further specified in 903(b)
• The board shall elect officers to serve one year
• A majority of board members shall constitute a quorum; when a quorum is lacking, the board chair shall designate alternate(s) to sit on the board to make a quorum, said alternate(s) serving in all proceedings of a case
• Members and alternates may receive compensation
• Board may employ or contract for necessary services

908

• Board shall conduct hearings and decisions as follows:
• Public notice shall be given; written notice shall be given to applicant, zoning officer, other designated persons, and persons making request, and posted on the affected land at least 1 week before the hearing
• The governing body may require reasonable fees in accord with Section 908(1.1)
• The first hearing shall commence within 60 days of the application, unless extension is agreed; next hearings shall occur within 45 days of prior hearing; cases shall be completely presented within 100 days of the first hearing as further specified in 908(1.2)
• Hearings shall be conducted by the board or a hearing officer appointed by the board; the board shall render the decision and/or findings, though the applicant may waive same and accept a final decision or findings by the hearing officer
• Board or hearing officer shall keep a stenographic record, costs of which are born in accord with 908(7)
• Other procedures specified in 908(3), (4), (5), (6), (8)
• The board or hearing officer shall render a decision, or written findings when no decision is rendered, within 45 days of the last hearing; content of decisions and further provisions are found in 908(9)
• Except for 916.1 challenges, where the board fails to render a decision within prescribed time limits or fails to commence, conduct, or complete hearing(s) as prescribed, decision shall be deemed rendered in favor of applicant unless agreeing in writing to an extension of time – additional details in 908(9)
• Final decision and findings shall be delivered to the applicant or mailed not later than the day after the decision; board shall mail a brief notice of decision or findings and the location where the full decision may be examined to other persons requesting same

908.1

• Parties to proceedings in Articles IX and X-A may utilize mediation to supplement and aid in completing such proceedings – additional details in 908.1

909.1, 910.2, 912.1

• The board shall have exclusive jurisdiction to hear and render final adjudications in the following:
• Substantive challenges to the validity of any land use ordinance, except for curative amendments
• Procedural challenges to the validity of any land use ordinance raised within 30 days of the effective date
• Appeals from determinations of the zoning officer
• Appeals from determinations of the zoning officer or municipal engineer regarding flood plain regulations, or administration of erosion and sedimentation controls or stormwater management in land use ordinances except for development involving applications covered by Articles V and VII
• Variances to the zoning or flood plain regulations meeting criteria and further provisions in 910.2
• Special exceptions in the zoning or flood plain regulations in accord with 912.1
• Appeals from any officer charged with administering TDR or performance density provisions in zoning

909.1, 913.2

• The governing body shall have exclusive jurisdiction to hear and render final adjudications in the following:
• Zoning conditional uses, following specific provisions for hearings, decisions, and time limits in Section 913.2
• Curative amendments
• Amendments to land use ordinances
• The governing body, or planning agency if so designated, shall have exclusive jurisdiction to hear and render final adjudications in the following:
• PRD applications
• Subdivision and land development applications
• Appeals from determinations of the zoning officer or municipal engineer regarding administration of erosion and sedimentation controls or stormwater management in land use ordinances for development involving applications covered by Articles V and VII
• Certain permits under an official map in accord with Sections 405 and 406

913.3, 914.1

• Appeals may be filed with the board by the landowner affected, any officer or agency of the municipality, or persons aggrieved.
• Requests for a variance or special exception may be filed by a landowner or tenant with landowner’s permission
• If seeking to reverse or limit approval of a development, a proceeding with the board must be filed within 30 days after approval

915.1

• After a proceeding is filed and while it is pending before the board, all land development related to the proceeding and all related official action shall be stayed unless the stay would cause imminent peril to life or property
• When a proceeding is filed to reverse or limit the approval of a development, the applicant for the development may petition the court to order persons filing the proceeding to post bond; court action on the bond shall follow provisions in 915.1

916.1

• A landowner who desires to challenge the substantive validity of a land use ordinance may submit either:
• A validity challenge to the zoning hearing board, or
• A curative amendment to the governing body
• A person aggrieved by a permitted use or development who desires to challenge the validity of a land use ordinance must submit the challenge to the zoning hearing board
• A validity challenge shall follow procedures and criteria in 916.1(c), including:
• It must be in writing and contain reasons
• If the board finds the challenge has merit, its decision must include recommended ordinance amendments to cure the defect(s)
• In reaching a decision, the board must consider impact to roads, public facilities, regional housing, natural features, preservation of agriculture and other land uses essential to public health and welfare, plus consider suitability of the site for proposed uses
• The board or governing body has 45 days of the last hearing to render a decision
• A deemed denial occurs if the board or governing body does not render a decision in 45 days or hold a hearing within 60 days after the request is filed
• For a zoning validity challenge involving multi-municipal zoning ordinances and plans, the board shall give consideration to the entire area covered by the ordinance or plan in accord with Section 916.1(h)

916.2

• A landowner may seek a preliminary opinion on the compliance of a land use or development in accord with 916.2 in order to advance the opportunity for a challenge

917

• An applicant for a special exception or conditional use is entitled to a decision in accord with the ordinance in effect at the time of application, even if it is subsequently amended – details in 917