1. Appeal From the Zoning Officer. Upon appeal from a decision by the Zoning Officer, the Board shall decide any question involving the interpretation of any provision of this Chapter, including determination of the exact location of any district boundary line if uncertainty exists with respect thereto; where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Chapter.
2. Special Exception. The Board shall have the power to approve special exceptions for any of the uses for which this Chapter requires the obtaining of such exceptions and for no other use or purpose. In granting a Special Exception, the Board shall make findings of fact, consistent with the provisions of this Chapter. The Board shall grant a Special Exception only if it finds adequate standards listed for the proposed use. The Board shall, among other things, require that any proposed use and location be:
A. In accordance with the Township Comprehensive Plan and consistent with the spirit, purposes and intent of this Chapter;
B. In the best interests of the Township, the convenience of the community, the public welfare and be an improvement to property in the immediate vicinity;
C. Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity;
D. In conformance with all applicable requirements of this Chapter;
E. Suitable in terms of permitting the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.
F. Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will substantially secure the objectives of this Chapter.
3. Variances. Upon appeal from a decision by the Zoning Officer, the Board shall have the power to vary or adapt the strict application of any of the requirements of this Chapter in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions where such strict application would result in practical difficulty and iinnecessary hardship depriving the owner of the reasonable use of land or building involved but in no other case. In general, the power to authorize a variance from the terms of this Chapter shall be sparingly exercised and only under peculiar and exceptional circumstances. No variance in the strict application of the provisions of this Chapter shall be granted by the Board unless the Board finds that all the below requirements and standards are satisfied where relevant in a given case:
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 unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance 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 the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. That the unnecessary hardship has not been created by the appellant.
D. 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.
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 in issue. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and the Zoning Ordinance.
F. That the granting of the variance shall be in harmony with the general purpose and intent of this Chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(Ord. 269)
4. Challenges to the Validity of This Chapter. The Board shall hear challenges to the validity of this Chapter from persons aggrieved by a use or development permitted on the land of another person by this Chapter or by any provision of this Chapter. In all such challenges, the Board shall take evidence and make a record thereon as provided for in § 27-1402. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
5. Unified Appeals. When the Board has jurisdiction over zoning matters pursuant to §§ 27-1403(1), of this Chapter, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Chapter or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 27-1402. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
(Ord. 45, Z-§ 1403, 5/12/76; as amended by Ord. 269, 10/16/1991, § 9)