[Ord. 12-10-12(E), 12/10/2012, § 27-1901]
The Board shall hear and decide appeals where it is alleged
by the appellant that the Zoning Officer has failed to follow prescribed
procedures or has misinterpreted or misapplied any provision of a
valid chapter or map or any valid rule or regulation governing the
action of the Zoning Officer. Nothing contained herein shall be construed
to deny to the appellant the right to proceed directly in court, where
appropriate, pursuant to Pa.R.C.P. 1091 to 1098, relating to mandamus.
[Ord. 12-10-12(E), 12/10/2012, § 27-1902]
The Board shall hear challenges to the validity of a zoning
chapter or map. In all such challenges, the Board shall take evidence
and make a record thereon. At the conclusion of the hearing, the Board
shall decide all contested questions and shall make findings on all
relevant issues of fact which shall become part of the record on appeal
to the court.
[Ord. 12-10-12(E), 12/10/2012, § 27-1903]
1.
The Board shall hear requests for variances where it is alleged that
the provisions of the Zoning 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 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 or lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property, and that 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 therefore necessary to enable the reasonable use of
the property.
C.
That such necessary hardship has not been created by the appellant.
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, not 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.
F.
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.
[Ord. 12-10-12(E), 12/10/2012, § 27-1904]
The Board shall hear requests for special exceptions as provided
for in this chapter and subject to all applicable requirements.
[Ord. 12-10-12(E), 12/10/2012, § 27-1905]
The Board shall have the power to make such decisions as may
be authorized from time to time by the provisions of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., or
this chapter pursuant to procedures and requirements of applicable
law or this chapter.
