53 Pa. Stat. § 14759
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:
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.
53 P.S. § 14759