(a) Applications for variances and special exceptions shall be submitted on forms provided by the Borough, together with ten copies of a plot plan of the property which is drawn to scale on a paper that is eight and one-half by fourteen inches in size, containing the following:
(1) Dimensions of all property lines.
(2) Utility rights of way and their widths.
(3) Street rights of way and their widths.
(4) Width of street paving (cartway).
(5) Location of sidewalks and driveways.
(6) Location and dimensions of all buildings and structures.
(7) Location and size of all waterways, streams, drainage facilities and other storm water controls.
(8) Existing contours and any changes to be made in elevations.
(9) All other information that may be determined to be necessary by the Zoning Hearing Board.
(b) At the time an application is made the applicant shall pay a fee in an amount set by resolution of Council.
(c) The official date of receipt of an application shall be the date approved by the Zoning Officer as being the date he or she has received all information required by this Zoning Code.
(d) Within no less than ten days from the date an application for a variance or special exception is officially received by the Zoning Officer, and following his or her review, the Zoning Officer shall forward copies of the application to the Zoning Hearing Board and the Planning Commission.
(e) The Zoning Hearing Board shall hold a public hearing within sixty days from the official date of the application.
(f) Written notice of the hearing shall be given to the applicant prior to or at least on the same day such notice is published for the first time. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week (seven days) prior to the hearing.
(g) For a variance, the Zoning Hearing Board shall render a written decision, or, when no decision is called for, make written findings on the application within forty-five days after the last hearing. The same shall be followed for applications for special exceptions.
(h) In accordance with the provisions of Section 910.2 of the Pennsylvania Municipalities Planning Code, the Zoning Hearing Board may grant a variance, provided that all of the following findings are made:
(1) 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 of the Zoning Code in the neighborhood or district in which the property is located.
(2) 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 Zoning Code, and the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the applicant.
(4) 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.
(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible.
(i) In granting any variance the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this Zoning Code.
(j) A copy of the final decision or finding shall be delivered to the applicant personally or mailed not later than the day following its date.
(Ord. 2210. Passed 4-21-97.)