A.
In recognition that certain uses might be safely permitted without
detriment to the general welfare, the Zoning Hearing Board may judge,
and either approve, approve with conditions, or disapprove, applications
which the Zoning Officer may not permit.
B.
Except as modified herein, it is the intent of this article to make
provisions for certain uses which would be consistent with the intent
of the standards for a given zoning district, but which would not
be allowed due to some unavoidable limitation of an existing lot to
fully meet an established standard.
No hardship relief for existing nonconforming uses shall be made except as provided in Article XXI.
A.
Application procedure. The Zoning Hearing Board may prescribe the
form of application.
B.
Review procedure. The Board may grant a variance, provided the following
findings are made where relevant in a given case. The burden of proof
shall rest with the applicant.
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of a lot size or
shape or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions generally created by the provisions of this chapter
in the neighborhood of or zoning district in which the property is
located.
(2)
That because of such physical circumstances or conditions there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
(3)
That such unnecessary hardship has not been created by the applicant.
(4)
That the variance, if authorized, will not alter the essential
character of the neighborhood or zoning district in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
(5)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
(6)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter. The Board shall require that adequate on-
or off-site water and sewage disposal facilities are available for
the use intended.
(7)
Unless otherwise specified by the Board or by law, a variance
shall expire if the applicant fails to obtain a zoning permit within
one year from the date of authorization thereof by the Board or by
the court if such variance has been granted after an appeal. The Board,
upon written application and for reasonable cause shown, may extend
the approval for an additional period of up to one year.
(8)
The applicant shall comply in all respects with all other requirements
of this subsection.
