1. Filing of Variance Applications. An application may be made to the Zoning Hearing Board for a variance where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant.
A. The application must be on a form provided for that purpose by the Zoning Officer. It must be filed with the Board and copies given to the Zoning Officer. The applicant must provide all the information requested on the form, together with any other information and data that may be required to advise the Board on the variance, whether such information is called for by the official form or not.
B. Unless otherwise specified or extended by the Board, a variance authorized by it expires if the applicant fails to obtain a building permit or use certificate, or file for subdivision or land development approval within six months from the date of authorization of the variance.
2. Standards for Variances. Where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of this Chapter, provided, that the following findings are made where relevant in a given case:
A. There are unique physical circumstances or conditions, including:
(1) Irregularity, narrowness, or shallowness of lot size or shape.
(2) Exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not due to circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or zone in which the property is located.
B. 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. The unnecessary hardship is not financial in nature and has not been created by the appellant.
D. The variance, if authorized, will not alter the essential character of the neighborhood or zone 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. 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.
3. Conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards as it considers necessary to implement the purposes of this Chapter or the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Chapter and subject to the penalties described in § 27-1110 of this Chapter.
(Ord. 2024-01, 5/13/2024)