1105.30 NOTICE TO PARTIES OF INTEREST.

   Before holding the public hearing required in Section 1105.28, written notice of the hearing shall be mailed by the chairman of the Zoning Inspector, by first class mail, at least ten days before the day of the hearing to all parties in interest including all surrounding properties within 200 feet of the subject property. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1105.29.

1105.31 ACTION BY THE BUILDING AND ZONING APPEALS BOARD.

   Within thirty days after the public hearing required in Section 1105.28 the Building and Zoning Appeals Board shall either approve, approve with supplementary conditions as specified in Section 1105.27 or disapprove the application as presented. If the application is approved or approved with modifications, the Building and Zoning Appeals Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Building and Zoning Appeals Board for approval. If the application is disapproved by the Building and Zoning Appeals Board the applicant may seek relief through the Court of Common Pleas. Appeals from Building and Zoning Appeals Board decisions shall be made in the manner specified in Section 1105.08.

1105.32 EXPIRATION OF A CONDITIONAL USE PERMIT.

   (a)   A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease for more than one (1) year.

   (b)   In R-1, R-2 and R-3 Districts, a conditional use permit shall also expire upon transfer of ownership of the property for which the permit was granted.

1105.33 VARIANCES.

   The Building and Zoning Appeals Board may authorize upon appeal in specific cases such variances from the terms of this Part as will not be contrary to the public interest where the following standards are met, owing to special conditions, a literal enforcement of the provisions of this Part would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance.

   Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Part would result in unnecessary hardship. Furthermore, no variance for use of land shall be issued:

   (a)   Conditions prevailing. Where there are exceptional or extraordinary circumstances or conditions, the literal enforcement of the requirements of this Zoning Code would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this chapter, the Board shall have power to relieve such hardship. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of the Zoning Code and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.

   (b)   Findings of the Board. No such variance of the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds that ALL of the following facts and conditions exist:

      (1)   Exceptional circumstances. Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property on the effective date of this Zoning Code, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses on the same zoning district.

      (2)   Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights which are possessed by other properties in the same zoning district and in the same vicinity.

      (3)   Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Code or the public interest.

      (4)   Not of general nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situation.

1105.34 APPLICATION AND STANDARDS FOR VARIANCES.

   The following shall apply to the application for a variance:

   (a)   A variance from the terms of this Part shall not be granted by the Building and Zoning Appeals Board unless and until a written application for a variance is submitted to the Zoning Inspector and the Board containing:

      (1)   Name, address and phone number of applicant;

      (2)   Legal description of property;

      (3)   Description of nature of variance requested;

      (4)   A narrative statement demonstrating that the requested variance conforms to the standards.

   (b)   A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by subsection(a)(4) hereof have been met by the applicant.