Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Borough Council pursuant to
the Pennsylvania Municipalities Planning Code); procedural questions
or alleged defects in the process of enactment or adoption of a land
use ordinance; or from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit or failure
to act on the application therefor, the issuance of any cease and
desist order or the registration or refusal to register any nonconforming
use, structure or lot; from a determination by the Borough Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance; from the determination of any officer or agency charged
with the administration of any transfers of development rights or
performance density provisions of this chapter; from the determination
of the Zoning Officer or Borough Engineer in the administration of
any land use ordinance or provision thereof with reference to sedimentation
and erosion control and stormwater management insofar as the same
relate to development not involving subdivision and land development
or planned residential development may be filed with the Zoning Hearing
Board in writing by the landowner affected, any officer or agency
of the Borough, or any person aggrieved. Requests for a variance and
for special exception may be filed with the Board by any landowner
or any tenant with the permission of such landowner.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that all of the
following findings are made, 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 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
a variance is therefor necessary to enable the reasonable use of the
property.
C. That such unnecessary 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
which will afford relief and represent the least modification possible
of the regulation in issue.
F. In granting any variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the MPC.
Where the Borough Council in this chapter has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria contained in Article
XVIII of this chapter, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.