A special exception or variance authorized by a decision of the Zoning Hearing Board shall expire if the applicant fails to obtain a building or use and occupancy permit pursuant thereto within one year from the date of granting of the special exception or variance.
Time limits on Zoning Hearing Board decisions.
(1) If the subject of the use ultimately constitutes either a subdivision or land development, the special exception or variance shall expire if the applicant fails to file the required subdivision or land development plan within one year of the granting of the special exception or variance; provided that, however:
(a) The applicant shall have one year after the final record plan of the subdivision or land development is approved to obtain a building/use permit.
Variances.
Requirements and standards.
No variance in the strict application of the provisions of this chapter shall be granted by the Zoning Hearing Board unless the Zoning Hearing Board finds that the requirements and standards are satisfied.
(1) The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the request for the variance is in conformance with all the requirements and standards listed below:
(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 this chapter 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 this chapter and that the authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
(c) That such unnecessary hardship has not been created by the applicant or that the applicant at the time that he purchased the property was not aware or could not reasonably have been expected to be aware of the zoning classification and restrictions placed on the property or the circumstances giving rise to the hardship.
(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.
(2) In granting any variance, the Zoning Hearing Board may attach reasonable conditions and safeguards as may be necessary to implement the purposes of this chapter.
Special exceptions.
(1) The Zoning Hearing Board shall refuse an application for special exception where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals or general welfare of the community at large.
