The Board shall conduct hearings and make decisions
in accordance with the provisions of Section 908 of the Planning Code.
Decisions of the Board shall include the following
elements:
A. Findings of fact, including a brief summary of relevant
testimony and information entered during the proceedings of the Board.
B. Citation by quotation or by reference to the specific
section of the local ordinances and/or Planning Code which are relevant
to the use in question.
C. Conclusions of the Board, enumerating the reasons
why such conclusions are deemed appropriate in light of the facts
found.
D. Ruling of the Board, indicating, in writing, any stipulations
or conditions attached to the ruling.
In any instance where the Zoning Hearing Board
is required to consider a variance or special exception, the Board
shall, among other things, consider the following criteria:
A. Planning Code criteria for variances.
(1)
The Board shall hear requests for variances
where it is alleged that the provisions of this chapter inflict unnecessary
hardship on the applicant.
(2)
A variance from the terms of this chapter shall
not be granted by the Board unless and until a written application
for a variance is submitted by the applicant, who shall have the burden
of establishing the presence of all of the following conditions, where
relevant, in a given case:
(a)
That there are unique physical circumstances
or conditions, including irregularity, narrowness or shallowness of
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 and not to the circumstances or conditions
generally created by the provisions of this chapter in the neighborhood
or district in which the property is located.
(b)
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 the variance is therefore necessary to enable
the reasonable use of the property.
(c)
That such necessary hardship has not been created
by the applicant.
(d)
That the variance, if authorized, will not alter
the essential character of the neighborhood or 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.
(e)
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.
B. In granting any variance, the Board may attach such
reasonable, additional conditions and safeguards as it may deem necessary
to implement the purposes of the Planning Code and this chapter.
Unless otherwise specified by the Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit within six months from the date of authorization
thereof.
For provisions regarding time limitations and
stay of proceedings, see Sections 914.1 and 915.1 of the Planning
Code.
For provisions regarding appeals to court, see
Article X-A of the Planning Code.