16 Pa. Stat. § 5229

Current through P.A. Acts 2023-32
Section 5229 - The board of adjustment
(a) The county commissioners of the county which enacts zoning regulations under the authority of this subdivision shall provide for a board of adjustment of three to five members and for the manner of the appointment of such members. Not more than half of the members of such board may at any time be members of the zoning commission. The county commissioners shall fix per diem compensation and terms for the members of such board of adjustment, which terms shall be of such length and so arranged that the term of at least one member will expire each year. Any member of the board of adjustment may be removed for cause by the county commissioners upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.
(b) The county commissioners may appoint associate members of such board, and in the event that any regular member be temporarily unable to act owing to absence from the county, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary disability by an associate member designated for the purpose. The boards of county commissioners of two or more counties may arrange and provide for a joint or common board of adjustment of four or five members, which joint or common board of adjustment shall be deemed the board of adjustment of each of such counties.
(c) The county commissioners shall provide and specify in its zoning or other ordinances general rules to govern the organization, procedure and jurisdiction of said board of adjustment, which rules shall not be inconsistent with the provisions of this subdivision, and the board of adjustment may adopt supplemental rules of procedure not inconsistent with this subdivision or such general rules.
(d) Any zoning ordinance of the county commissioners may provide that the board of adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the zoning ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The commissioners may also authorize the board of adjustment to interpret the zoning maps and pass upon disputed questions of lot lines or similar questions as they may arise in the administration of the zoning regulations.
(e) Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman or in his absence the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment 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.

16 P.S. § 5229

1953, July 28, P.L. 723, art. XXII, § 2229.