The Zoning Hearing Board shall hear a request
for a variance where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Zoning Hearing
Board may grant a variance, provided that the appellant shall establish
by credible evidence:
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 necessary 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 the variance is therefore necessary to enable the reasonable use
of the property.
C. The applicant has not created that such unnecessary
hardship.
D. That the variance, if authorized, will not alter the
essential character of the neighborhood or district in which the property
is located, or substantially or permanently impair the appropriate
use or development of adjacent property, and will 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 at issue.
F. That the variance, if authorized, would not be contrary
to the Township Comprehensive Plan.
G. That the variance, if authorized, would not cause
undue congestion of pedestrian or vehicular traffic.
H. That the variance, if authorized, would not endanger
the safety of persons or property by improper location or design of
facilities for ingress or egress.
I. That the variance, if authorized, would not increase
the danger of fire or otherwise endanger the public safety.
J. That the variance, if authorized, would not overcrowd
the land or create an undue concentration of population, impair an
adequate supply of light and air to the adjacent property, adversely
affect transportation or unduly burden water, sewer, school, park
or community.
In considering any matter within its jurisdiction,
the Zoning Hearing Board may consult with the Planning Commission,
the County Planning Commission or any other specialist or group of
specialists having expert knowledge of the matter under consideration,
but need not be bound thereby. Where the Zoning Hearing Board is considering
an application for a special exception, the Secretary of the Zoning
Hearing Board shall, at least 10 days before the date of the hearing,
transmit to the Planning Commission a copy of the notice of hearing
and other information as may have been furnished by the applicant.