(a) Administrative Appeal. The Board of Zoning Appeals shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Administrative Officer in the interpretation of any of the provisions of this Zoning Code.
(b) Variances.
(1) The Board shall have the power to authorize, upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Code would cause undue and unnecessary hardship.
(2) 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, the literal enforcement of the requirements of this Zoning Code would involve practical difficulties or would cause undue hardship, unnecessary to carry out the spirit and purpose of this Zoning Code, the Board shall have power to authorize a variance from such strict application, so as to relieve such hardship, and so that the spirit and purpose of this Zoning Code shall be observed and substantial justice done. 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 furthering the purposes of this Zoning Code and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence, guarantee or bond as it may deem necessary to ensure that the conditions attached are being and will be complied with.
(3) No such variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds, beyond a reasonable doubt, that all of the following facts and conditions exist:
A. That 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 in the same zoning district.
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
C. 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.
D. No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of said property for which the variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.
(4) Every variance granted or denied by the Board of Zoning Appeals shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variance.
(5) Any variance granted but not acted upon within one year shall be cancelled.
(6) Any party adversely affected by a decision of the Board may appeal to the County Court of Common Pleas on the grounds that such decision was unreasonable or unlawful. The Court may affirm, reverse, vacate or modify the decision complained of in the appeal.
(7) The Board of Zoning Appeals shall fix a reasonable time for the hearing of the variance, give ten days notice by first class mail to the parties in interest as well as to all property owners within 250 feet of the subject property.
(8) The Board of Zoning Appeals shall decide the variance within 30 days after the hearing. This time period may be extended for a period not to exceed 30 days if agreed to by the Board of Zoning Appeals and the applicant.
(Ord. 2010-29. Passed 7-5-10.)