The Board shall have exclusive jurisdiction for the following:
(A) Substantive challenges to the validity of any land use ordinance, except those brought before the governing body pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (53 P.S. § 10609.1 and 10916.1(a)(2));
(B) Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial Zoning Ordinance of the borough and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court;
(C) Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefore, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot;
(D) Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance;
(E) Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 910.2 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10910.2) and division (H) below;
(F) Appeals from the Zoning Officer’s determination under § 916.2 of the Pennsylvania Municipalities Planning Code 53 P.S. § 10916.2;
(G) Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications of the Pennsylvania Municipalities Planning Code (53 P.S. §§ 10501 to 10516 and 53 P.S. §§ 10701 to 10713); and
(H) Variances.
(1) 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.
(2) The Board may grant a variance provided that all of the following findings are made where relevant in a given case:
(a) 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 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) Such unnecessary hardship has not been created by the applicant;
(d) 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; and
(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) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter. All variances granted by the Zoning Hearing Board shall expire 18 months from the date of the Board’s action approving the variance, unless a land development plan has been submitted or a construction permit obtained.
(1980 Code, Ch. 28, Part 8, § 28-808) (Ord. 1419, passed 9-16-2013, § 808)