Pennsylvania Act 1927-69 — SECOND CLASS CITY ZONING LAW

Act text

SECOND CLASS CITY ZONING LAW
                  Act of Mar. 31, 1927, P.L. 98, No. 69               Cl. 11
                               A SUPPLEMENT

     To an act, entitled "An act for the government of cities of the
        second class," approved the seventh day of March, one
        thousand nine hundred and one (Pamphlet Laws, twenty),
        authorizing cities of the second class to regulate and
        restrict the height, number of stories and size of buildings
        and other structures, and the size of yards, courts and other
        open spaces, the density of population, and to regulate and
        restrict the location, use and occupancy of buildings,
        structures and land for trade, industry, residence, specified
        uses or other purposes, and, for the above purposes, to
        divide the city into districts, and authorizing the City
        Planning Commission to recommend the boundaries of districts
        and appropriate regulations therein, and providing the method
        of adoption of said district regulations and restrictions,
        and providing methods to prevent the unlawful erection,
        construction, reconstruction, alteration, conversion, repair,
        maintenance, use, or occupancy of buildings, structures or
        land, and to prevent the unlawful occupancy or use of the
        said buildings, structures or land and any illegal act,
        conduct, business or use in or about such premises, and the
        method of amendment or change thereof, et cetera.
        Section 1.  Regulating use of land and buildings
        For the purpose of promoting health, safety, morals or the
     general welfare of the community, cities of the second class are
     hereby empowered to regulate, restrict or determine, the height,
     number of stories and size of buildings and other structures,
     the percentage of lot that may be built upon, the size of yards,
     courts and other open spaces, the density of population, and the
     location, use and occupancy of buildings, structures and land
     for trade, industry, residence or other purposes. 1927, March
     31, P.L. 98, No. 69, Sec. 1.
        Section 2.  Districts
        For any or all of said purposes, the council may, by
     ordinance, divide the city into districts of such number, shape
     and area as may be deemed best suited to carry out the purposes
     of this act and, within such districts, they may regulate and
     restrict the erection, construction, reconstruction, alteration,
     repair, use or occupancy of buildings, structures or land. All
     such regulations shall be uniform for each class or kind of
     buildings, structures or land throughout each district;  but the
     regulations in one district may differ from those in other
     districts. 1927, March 31, P.L. 98, No. 69, Sec. 2.
        Section 3.  Purposes in View
        Such regulations shall be made in accordance with a
     comprehensive plan, and designed to lessen congestion in the
     streets; to secure safety from fire panic and other dangers;  to
     promote health and the general welfare; to provide adequate
     light and air; to prevent the overcrowding of land; to avoid
     undue concentration of population; to facilitate the adequate
     provision of transportation, water, sewerage, schools, parks and
     other public requirements. Such regulations shall be made with
     reasonable consideration, among other things, to the topography
     and character of the district, with its peculiar suitability for
     particular uses, and with a view to conserving the value of
     buildings and encouraging the most appropriate use of land
     throughout such city. 1927, March 31, P.L. 98, No. 69, Sec. 3.
        Section 4.  Duties of City Planning Commission
        It shall be the duty of the City Planning Commission of such
     city to recommend the boundaries of the various districts and
     appropriate regulations to be enforced therein. Such commission
     shall make a preliminary report and hold public meetings thereon
     before submitting its final reports, and council shall not hold
     its public meetings or take action until it has received the
     final report of such commission. 1927, March 31, P.L. 98, No.
     69, Sec. 4.
        Section 5.  Method of Procedure
        The council of such city shall provide for the manner in
     which such regulations and restrictions and the boundaries of
     such districts shall be determined, established and enforced,
     and, from time to time, amended, supplemented or changed.
     However no such regulation, restriction or boundary shall become
     effective until after a public hearing in relation thereto, at
     which parties in interest and citizens shall have an opportunity
     to be heard. At least fifteen days' notice of the time and place
     of such hearing shall be published in an official paper or a
     paper of general circulation in such city. 1927, March 31, P.L.
     98, No. 69, Sec. 5.
        Section 6.  Changes
        Such regulations, restrictions and boundaries may, from time
     to time, be amended, supplemented, changed, modified or
     repealed. In case, however, of a protest against such change,
     signed by the owners of twenty (20) per cent or more, either of
     the area of the lots included in such proposed change, or of
     those immediately adjacent in the rear, or adjoining on the
     sides thereof extending one hundred (100) feet therefrom, or of
     those directly opposite thereto extending one hundred (100) feet
     from the street frontage of such opposite lots, or when
     disapproved by the city planning commission, such amendment
     shall not become effective except by the favorable vote of
     three-fourths of all the members of the council of such city:
     Provided, That before any such amendment, supplement or change
     shall be voted on by the council, the city planning commission
     shall have been given twenty (20) days' notice thereof and of
     the date of the hearing. The provisions of the previous section
     relative to public hearings and official notice shall apply
     equally to all changes or amendments. 1927, March 31, P.L. 98,
     No. 69, Sec. 6.
        Section 7.  Board of Adjustment.--The mayor of every city of
     the second class shall, with the approval of the council,
     appoint a board of adjustment and in the regulations and
     restrictions adopted pursuant to the authority of this act, it
     shall be provided that the said board of adjustments may, in
     appropriate cases and subject to appropriate conditions and
     safeguards, make special exceptions to the terms of the
     ordinance, in harmony with its general purpose and intent and in
     accordance with general or specific rules therein contained.
        The board of adjustment shall consist of three members, one
     of whom shall be a member of the city planning commission; one
     of whom shall be designated to serve until the first day of
     January, one thousand nine hundred and twenty-eight; one until
     the first day of January, one thousand nine hundred and twenty-
     nine; and one until the first day of January, one thousand nine
     hundred and thirty. Their successors shall be appointed, on the
     expiration of their respective terms, to serve three years.
     Vacancies shall be filled for the unexpired term of any member
     whose term becomes vacant.
        The board shall adopt rules in accordance with the provisions
     of any ordinance adopted pursuant to this act. Meetings of the
     board shall be held at the call of the chairman and at such
     other times as the board may determine. Such chairman, or in his
     absence the acting chairman, may administer oaths and compel the
     attendance of witnesses under penalty as may be provided in the
     ordinance. All meetings of the board shall be open to the
     public. The board shall keep minutes of its proceedings showing
     the vote of each member upon each question or, if absent or
     failing to vote, indicating such fact, and shall keep records of
     its examinations and other official actions, all of which shall
     be immediately filed in the office of the board and shall be a
     public record.
        Appeals to the board of adjustment may be taken by any person
     aggrieved, or by the head of any department affected by or
     interested in any decision of the officer charged with the
     administration of the ordinance. Such appeal shall be taken
     within a reasonable time, as provided by the rules of the board,
     by filing with the officer from whom the appeal is taken and
     with the board of adjustment a notice of appeal specifying the
     grounds thereof. The officer from whom the appeal is taken shall
     forthwith transmit to the board all the papers constituting the
     record upon which the action appealed from was taken.
        An appeal shall stay all proceedings in furtherance of the
     action appealed from, unless the officer from whom the appeal is
     taken certifies to the board of adjustment, after the notice of
     appeal shall have been filed with him, that by reason of facts
     stated in the certificate a stay would in his opinion cause
     imminent peril to life or property. In such case proceedings
     shall not be stayed otherwise than by a restraining order, which
     may be granted by the court of common pleas of the county
     wherein said city may be situated, on application and notice to
     the officer from whom the appeal is taken and on due cause shown
     and the filing of a bond as in other injunction proceedings.
        The board of adjustment shall fix a reasonable time for the
     hearing of the appeal, give posted public notice thereof, and
     decide the same within a reasonable time. Upon the hearing, any
     party may appear in person or by agent or by attorney.
        The board of adjustment shall have the following powers:
        1.  To hear and decide appeals where it is alleged there is
     error in any order, requirement, decision or determination, made
     by an administrative official in the enforcement of any
     ordinance adopted pursuant to this act.
        2.  To hear and decide special exceptions to the terms of the
     ordinance upon which such board is required to pass under such
     ordinance.
        3.  To authorize upon appeal in specific cases such variance
     from the terms of the ordinance as will not be contrary to the
     public interest, where, owing to special conditions, a literal
     enforcement of the provisions of the ordinance will result in
     unnecessary hardship and so that the spirit of the ordinance
     shall be observed and substantial justice done.
        In exercising the above-mentioned powers, such boards may, in
     conformity with the provisions of this act, reverse or affirm,
     wholly or partly, or may modify the order, requirement, decision
     or determination appealed from, and may make such order,
     requirement, decision or determination as ought to be made, and
     to that end shall have all the powers of the officer from whom
     the appeal is taken.
        (7 repealed in part Apr. 28, 1978, P.L.202, No.53)

        Compiler's Note:  Section 4(a) of Act 53 of 1978 provided
            that the repeal of the penultimate paragraph of section 7
            shall take effect one year after the general effective
            date of Act 53.
        Section 8.  Conflict with Other Laws
        Whenever the regulations made under authority of this act
     require a greater width of size of yards, courts or other open
     spaces, or require a lower height of building, or less number of
     stories, or require a greater percentage of lot to be left
     unoccupied, or impose other higher standards than are required
     in any other statute or local ordinance, the provisions of the
     regulations made under authority of this act shall govern.
     Wherever the provisions of any other statute or local ordinance
     require a greater width or size of yards, courts or other open
     spaces, or require a lower height of building, or a less number
     of stories, or require a greater percentage of lot to be left
     unoccupied, or impose other higher standards than are required
     by the regulations made under authority of this act, the
     provisions of such statute or local ordinance or regulation
     shall govern. 1927, March 31, P.L. 98, No. 69, Sec. 8.