In accordance with Article IX of the Pennsylvania Municipalities Planning Code,[1] a Zoning Hearing Board (hereinafter referred to as the "ZHB") shall be appointed and organized. This ZHB shall hold meetings, keep minutes and, pursuant to notice, conduct hearings, compel the attendance of witnesses, take testimony under oath and render decisions, all as required by law. For filing of any appeal or proceeding with the ZHB, a fee shall be charged in accordance with the schedule.

Except as provided in the Pennsylvania Municipalities Planning Code, the ZHB shall have no power to pass upon the validity of any provision of an ordinance or map adopted by the Supervisors.

Every appeal or application shall refer to the specific provision of the ordinance involved, and shall set forth exactly the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance which should be granted.[1]

The hearings shall be conducted in accordance with Section 908 of the Pennsylvania Municipalities Planning Code.[2] The ZHB may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings, shall be made by the ZHB, but the parties may waive decision of findings by the ZHB and accept the decision of the hearing officer as final.

Where the ZHB has jurisdiction over a zoning matter, it shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development plan or development. In any such case, the ZHB shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon, as provided in Section 908 of the Planning Code. At the conclusion of the hearing, the ZHB shall make findings on all relevant issues of fact which shall become part of record on appeal to court.

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 provision of this chapter in the neighborhood or district in which the property is located.

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.

That such unnecessary hardship has not been created by the appellant.

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.

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.

A nonconforming use, which occupies a portion of a structure or premises, may be extended within such structure or premises as they existed when the provision to prohibit the use took effect, but not in violation of the area and yard requirements of the district in which structure or premises is located.

The ZHB may impose such conditions as it deems necessary for the protection of adjacent property and public interest. No changes of a nonconforming use shall entail structural alterations beyond those required by law for the purpose of safety and health.