What is a party or standing?

Parties to the hearing can be any person affected by the application who has made a timely appearance of record before the board, including civic or community organizations.  All persons who wish to be considered as a party should sign in at the hearing. This does not guarantee or deny party status.  The Zoning Hearing Board decides who has “standing” and may participate in the hearing before it as a party but standing can be challenged by the appellant or applicant. A person “affected” by the application has standing; however, the Zoning Hearing Board determines who is “affected” by the matter before it. A claim based purely on taxpayer status is not enough to establish standing. A person whose property, residence, or business abuts the subject property is affected and has standing, even if they are in another municipality. As the distance between the individual seeking party status and the subject property increases, standing becomes less certain. 

Party Rights

A party has the right to be represented by counsel. A party must be given the opportunity to respond, present evidence (through the oral testimony of witnesses and exhibits), and cross-examine adverse witnesses on all relevant issues. After a decision is made, a party will be provided with information on how to obtain the written decision.  A party can appeal that decision within 30 days. Generally, the assistance of an attorney is needed for filing an appeal. An appeal does not stay the action appealed but appellants may appeal for a stay.