Rule 27 - Zoning And Other Local Administrative Agency Appeals1.Zoning Appeals(a) Whenever a zoning hearing board or the governing body of a municipality is required under the Pennsylvania Municipalities Planning Code to certify its record to the court in response to a writ of certiorari in a zoning appeal case, said record shall contain a copy of the entire zoning ordinance, building code or other ordinance, with the relevant portions indicated therein, and a copy of the zoning map of the municipality. After the zoning hearing board or the governing body of the municipality has made its return, the appeal shall be at issue and any party may certify the appeal ready for hearing by filing a certificate of readiness pursuant to Rule * 241(b).(b) When the court deems it necessary it may remand the case to the zoning hearing board for the taking of additional testimony and the filing of a supplemental or additional opinion. Unless specifically relinquished, jurisdiction shall be retained by the court. In cases where jurisdiction is relinquished, the procedure on appeal shall be as prescribed for the original appeal.(c) Briefs shall be filed as the court shall direct. After argument or upon briefs submitted, or upon failure to submit briefs, the court shall enter such final decision as may be appropriate.(d) Appeals from decisions of a zoning hearing board or a governing body of a municipality shall be heard by the court upon the record. No questions shall be heard or considered by the court which were not raised at the hearing before the zoning hearing board or the governing body of the municipality, except: (1) Questions involving the validity of a statute or the procedure before the zoning hearing board or the governing body of the municipality;(2) Questions involving the jurisdiction of the zoning hearing board or the governing body of the municipality over the subject matter;(3) Questions involving the timeliness of the decision rendered by the zoning hearing board or the governing body of the municipality;(4) Questions which the court is satisfied that the appellant could not, by the exercise of due diligence, have raised before the zoning hearing board or the governing body of the municipality at the time of the hearing. If, upon argument, the court is satisfied that any such additional questions should be raised, further testimony shall be obtained as provided in section (b) hereof2.Other Administrative AppealsAll administrative agency appeals other than zoning appeals shall be heard by the court de novo. After the administrative officer of the municipality or hearing agency has made its return, whether or not additional evidence is required, the case shall be placed upon the appropriate list. Briefs shall be filed as the court shall direct.
Comment: In any appeal brought pursuant to the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 ff.) the court will follow the procedures detailed in 11001 -A of the Code.