Pennsylvania Act 1929-469 — FIRST CLASS CITIES, AUTHORIZED TO ENACT ZONING ORDINANCES

Act text

FIRST CLASS CITIES, AUTHORIZED TO ENACT ZONING ORDINANCES
                  Act of May 6, 1929, P.L. 1551, No. 469              Cl. 11
                                  AN ACT

     Authorizing cities of the first class to adopt and enforce
        zoning ordinances; regulating and restricting the height,
        location, size, bulk and use of buildings and/or land, the
        areas to be occupied by buildings in proportion to the size
        of the lots upon which they stand, the size of courts, yards
        and other open spaces appurtenant thereto, and the density of
        population, and for these purposes to establish districts and
        boundaries; to designate and regulate residential, commercial
        and industrial or other uses within such districts and
        boundaries; and providing for the appointment of a zoning
        commission and a board of adjustment, the creation of a
        bureau of zoning, and setting forth the duties and functions
        of said commission, board and bureau; providing for the
        administration and enforcement of rules and ordinances
        authorized by this act, and penalties for violations thereof.

                              GRANT OF POWER

        Section 1.  Grant of power
        For the purpose of promoting the health, safety, morals, and
     general welfare of the community, cities of the first class are
     hereby authorized and empowered to regulate and restrict, by
     ordinance, the height, number of stories, and size of buildings
     and other structures, the percentage of lot that may be
     occupied, 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, so that such uses may be permitted in or
     excluded from certain portions or sections of such cities, or
     subject to special regulations. 1929, May 6, P.L. 1551, 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, size and area as may be deemed best suited to carry out
     the purposes of this act, and, within such districts, it 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. 1929, May 6, P.L.
     1551, 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, and its peculiar
     suitability for particular uses, with a view to conserving the
     value of buildings and encouraging the most appropriate use of
     land throughout such city. 1929, May 6, P.L. 1551, Sec. 3.
        Section 4.  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 regulations, 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 (15) 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. 1929, May 6,
     P.L. 1551, Sec. 4.
        Section 5.  Changes
        Such regulations, restrictions and boundaries may, from time
     to time, be amended, supplemented, modified or repealed.  In
     case, however, of a protest against any such change, duly signed
     and acknowledged 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, such change
     shall not become effective except by the favorable vote of
     three-fourths of all the members of the council of such city.
     The provisions of the previous section relative to public
     hearings and official notice shall apply equally to all changes
     or amendments. 1929, May 6, P.L. 1551, Sec. 5.
        Section 6.  Zoning commission
        In order to avail itself of the powers conferred by this act,
     the mayor of any such city shall appoint a commission of seven
     or more members, to be known as the Zoning Commission, to
     recommend the boundaries of the various districts and the
     appropriate restrictions and regulations to be enforced therein,
     and to include in such recommendations such maps, charts or
     prints as it may deem necessary, desirable or convenient, to
     show the locations and boundaries of the respective districts in
     which such regulations and restrictions shall apply. The said
     recommendations shall be in the form of a proposed zoning
     ordinance, and shall provide for a board of adjustment, a bureau
     of zoning, and the rules and regulations for the administration
     of said ordinance by the said bureau in accordance with the
     provisions of this act. The zoning commission shall make a
     preliminary report, and hold public hearings thereon, before
     submitting its final report, and the council of such city shall
     not hold its public hearings or take action until it has
     received the final report of such commission. 1929, May 6, P.L.
     1551, Sec. 6.
        Section 7.  Approval by council
        The proposed bill or ordinance, prepared by the zoning
     commission, shall not become effective until it shall have been
     passed by the council of such city in the manner required for
     the passage of other ordinances, and subject to executive action
     as in other cases: Provided, That, before final action of the
     city council shall be taken, public hearings shall be held by
     the council, or a committee thereof to which such proposed bill
     or ordinance may be referred, whereat all persons interested in
     the subject matter shall be afforded an opportunity to be heard,
     at specified time and place or times and places, after due
     notice of such hearing or hearings, published for six (6)
     consecutive days in two (2) daily morning and two (2) daily
     evening newspapers of general circulation in such cities. 1929,
     May 6, P.L. 1551, Sec. 7.
        Section 8.  Board of Adjustment.--If a city of the first
     class avails itself of the provisions of this act, the mayor of
     such city shall, with the approval of council, appoint a board
     of adjustment, and, in the regulations and restrictions adopted
     pursuant to the authority of this act, may provide that the said
     board of adjustment 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
     purposes and intent and in accordance with general or specific
     rules therein contained. The board of adjustment shall consist
     of five members, one of whom shall be designated to serve until
     the first day of January following the adoption of the zoning
     ordinance, two until the first day of the second January
     thereafter, and two until the first day of the third January
     thereafter. Their successors shall be appointed on the
     expiration of their respective terms to serve three years. The
     members of the board shall be removable for cause by the
     appointing authority, upon written charges and after public
     hearing. Vacancies shall be filled by the appointing authority
     for the unexpired term of any member whose term becomes vacant.
     The council may provide for the compensation of those members of
     the board of adjustment who do not hold any other office or
     position of profit under the city government, or any department
     thereof, or in or under the government of the United States, or
     of this Commonwealth, or of any county, city, or other public
     political subdivision thereof.  The mayor of such city shall
     designate the chairman of the board. 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. The chairman, or, in his absence the acting chairman,
     may administer oaths and compel the attendance of witnesses. 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 any officer, department, board, or bureau of
     the city affected by any decision of the administrative officer.
     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 stays 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 board of adjustment, or by a court of record on
     application and notice to the officer from whom the appeal is
     taken and on due cause shown.
        The board of adjustment shall fix a reasonable time for the
     hearing of the appeal, give public notice thereof, as well as
     due notice to the parties in interest, 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 this act, or
     of any ordinance adopted pursuant thereto.
        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 board 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.
        The concurring vote of four members of the board of
     adjustment shall be necessary to reverse any order, requirement,
     decision or determination of any such administrative official,
     or to decide in favor of the applicant on any matter upon which
     it is required to pass under any such ordinance, or to effect
     any variation in such ordinance.
        (8 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 8
            shall take effect one year after the general effective
            date of Act 53.
        Section 9.  Bureau of zoning
        If any city of the first class avails itself of the
     provisions of this act, there shall be attached to the
     department of public works of such city a bureau of zoning,
     under the direction of a chief of said bureau, and with such
     other officials, clerks and employees as the council may
     determine.  All ordinances passed under the provisions of this
     act shall be enforced by the bureau of zoning, subject to the
     right of appeal to the board of adjustment, and to the courts as
     herein provided for. 1929, May 6, P.L. 1551, Sec. 9.
        Section 10.  Penalties
        If any building or structure shall be erected, constructed,
     reconstructed, altered, repaired, converted or maintained, or
     any building, structure or land used in violation of this act,
     or of any ordinance or regulation made under authority hereof,
     the person or persons, artificial or natural, knowingly so
     offending, shall be subject to a fine of not more than one
     thousand ($1,000.00) dollars, and not less than one hundred
     ($100.00) dollars, as prescribed by the council of any such city
     to be recovered as fines and penalties of like amount are now
     recoverable by law.  The fact of such violation being committed
     shall be prima facie evidence that it was knowingly done. In
     case of any such actual or threatened violation, either the said
     city, or the bureau officer or official designated for the
     enforcement of any ordinance passed by virtue of this act, may
     institute any appropriate action or proceeding to prevent or
     abate such unlawful erection, construction, reconstruction,
     alteration, conversion, maintenance, use or occupation, or to
     restrain or prevent any illegal act or business or use, under
     this act, or under any such ordinance or regulation. 1929, May
     6, P.L. 1551, Sec. 10.
        Section 12.  Conflict with other laws
        Wherever the regulations made under authority of this act
     require a greater width or 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 or regulations, the
     provisions of the regulations made under authority of this act
     shall govern.  Wherever the provisions of any other statute, or
     local ordinance or regulation, 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 regulations shall govern.
        All acts or parts of acts inconsistent with this act be and
     the same are hereby repealed. 1929, May 6, P.L. 1551, Sec. 12.