Title
Ordinance amending and supplementing the Pittsburgh Code of Ordinances, Title Nine, Zoning, Article Eight, Review and Enforcement, by amending Chapter 923, Reviewers and Decision Makers, Section 923.01, Planning Commission, to replace the Planning Commission with the Commission on City Development and Section 923.03, Zoning Administrator, to change the Departmental assignment of this staff position.
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WHEREAS, Section 208 of the City of Pittsburgh's Home Rule Charter permits units of government to be established, revised or abolished by ordinance introduced by the Mayor or City Council; and
WHEREAS, Section 102 of the Charter defines "unit of government" as including "any subdivision of City government including any department, bureau, division, board, commission or magistrate court"; and,
WHERAS, the Commonwealth of Pennsylvania via statute Title 53, Part III, Cities of the Second Class, Chapter 53, Executive Departments, Article XIII, Department of City Development, Sections 22801, et seq., empowers the City of Pittsburgh Council to create the Department of City Development which shall be in charge of a City Development Commission by ordinance; and,
WHEREAS, other commissions mentioned below will remain intact but work and coordinate with the Department of City Development instead of the Department of City Planning, per the amendments below; and,
WHEREAS, it is not the intention of this legislation to modify in any way the functions and responsibilities of the Zoning Code or Zoning Board of Adjustment; and,
WHEREAS, under the laws of this Commonwealth and under the Home Rule Charter the City Council now wishes to begin the process of consolidating various city-services into a type of one-stop-shop, for the Department of City Development to encompass the responsibilities and functions of the current contracts and employees of the Department of City Planning and the Division of Design Review, as set forth herein below:
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Code of Ordinances, Title Nine, Zoning, Article Eight, Review and Enforcement, Chapter 923, Reviewers and Decision Makers, Sections 923.01, Planning Commission and 923.03, Zoning Administrator, are hereby amended and supplemented as follows:
§ 923.01 [Planning] Commission [on City Development].
A. Existence, Membership and Terms. The [City Planning Commission], Commission on City Development, [as presently constituted, shall continue to exercise its powers and functions under this Code, composed of its present nine (9) members, serving six-year terms of office, as now staggered so that the terms of only three (3) members expire every other year. The Mayor shall appoint all successor members of the Commission, with the approval of City Council, on the expiration of their respective terms to serve six (6) years. Vacancies occurring otherwise than through the expiration of term shall be filled as original appointments are made and for the unexpired term. All members of the Commission shall serve, as such, without compensation.] pursuant to Chapter 136 of the Code of Ordinances, shall assume and incorporate the jurisdiction, powers and duties of the former City Planning Commission for all purposes set forth in this Code. Every reference to the Planning Commission, in this Code and elsewhere, shall now refer to the Commission on City Development.
B. Powers. It shall be the duty of the Commission to make and adopt a master plan, either as a whole or in sections, for the physical development of the city and of any land outside its boundaries which in the Commission's judgment bears relation to the planning of such city. Such plan or plans, with the accompanying maps, plats, charts, and descriptive matter, shall show the Commission's recommendations for the future development of said territory as well as a zoning plan for the control of the height, area, bulk, location, occupation, and use of buildings and land. The Commission may make, adopt, and publish a part of the plan covering one (1) or more divisions of the city or other subjects. The Commission may amend, extend or add to the plan or any section thereof.
C. Rules and Procedures. The Commission shall elect a chairman, vice chairman, and secretary and shall have such other officers and employees as may be authorized by City Council. The term of the chairman, vice chairman, and secretary shall be for two (2) years, with eligibility for re-election. The Commission shall hold at least one (1) regular meeting in each month. It shall adopt rules for transaction of all business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record. The Commission may contract with city planners, engineers, architects, and other consultants for such services as it may require. The expenditures and contracts of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by Council, which shall provide the funds, equipment, and accommodations necessary for the Commission's work.
D. Appeal of [Planning] Commission Decisions to Court. Any party aggrieved by a decision of the [Planning] Commission, may, within thirty (30) days, appeal the decision to the Court of Common Pleas of Allegheny County under the Local Agency Law, 2 Pa.C.S. Sections 751-754.
E. Preservation of Proceedings Before the [Planning] Commission on City Development. All proceedings before the [Planning] Commission will be recorded on audiotape. One (1) copy of such audio tape will remain on file at the Office of the Zoning Administrator until the expiration of the appeal period or, in the event of an appeal, the production of a transcript and receipt thereof by the appellant. Upon written request, any party to the proceeding may have one (1) copy of the audiotape. The fee charged for such tape shall reflect the cost of reproducing the audiotape.
§ 923.03 Zoning Administrator
A. Designation and Powers. The Zoning Administrator shall be a staff member of the Department of City [Planning] so designated by the [City Planning] Commission on City Development, who is herein charged with the administration of this Zoning Ordinance. The Zoning Administrator shall administer Administrator Exceptions pursuant to Section 922.08.