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§ 265-1404 VARIANCES.

The Zoning Hearing Board shall have exclusive power to hear appeals for dimensional and use variances from the provisions of this Chapter.

  1. The landowner shall submit an application to the Zoning Officer including a survey showing existing structures and the location and detail of the proposed activity or structure for which the applicant requires a variance; the required fee for a variance as outlined in the fee schedule or schedules of the Borough Council and a completed application with all required contact information as well as additional information, if any, required by the Board.
  2. The Board shall grant a variance, only when findings of fact are supported by all of the following where relevant in a given case and therefore constitute an unnecessary hardship inflicted by this Chapter.
    1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical 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 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 this Chapter 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 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.
  3. In granting any variance, the Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this Chapter.
Previous § 265-1403 BOARD PROCEEDINGS.