a) The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance 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.
b) No application for a permit shall be granted by the Board for any variance until the Board has first received and considered an advisory report thereon from the Planning Commission. The Commission shall have a maximum of thirty (30) days from the date of its receipt of the application within which to file its report thereon. If the Commission fails to file its report within such thirty (30) days, the application shall be forwarded to the Zoning Hearing Board without a recommendation by the Commission. After receipt of the report, the Board shall hear the application in the same manner and under the same procedure as it is empowered by law and this Zoning Ordinance. In no case shall the application be delayed pending Planning Commission review and all hearings before the Zoning Hearing Board shall be held in a timely manner as prescribed by this ordinance and the Pennsylvania Municipalities Planning Code.
c) The Board's decision to grant a permit for a variance shall be made only after public notice and hearing. Such permit shall apply specifically to the appeal and plans submitted and presented at the public hearing. Any subsequent amendments or additions shall be subject to additional review and public hearing by the Board.
d) The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
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 or conditions generally created by the provisions of the Zoning Ordinance 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 the Zoning Ordinance and that 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 appellant.
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 of the regulation in issue.
e) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Act and the Zoning Ordinance.