The Zoning Hearing Board shall have the following powers and duties:
A. Appeals from the Zoning Officer. 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 ordinance 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.
B. Variances. The 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. 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. All requests for variances will first be sent by the Board to the Planning Commission for an advisory review and recommendation of the consistency of the request with the comprehensive plan.
C. Special Exceptions. Where Borough Council, in this Chapter, has stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, 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. All requests for special exception will first be sent by the Board to the Planning Commission for an advisory review and recommendation of the consistency of the request with the comprehensive plan.
(Ord. 77-5, 2/28/1977, §1602)