That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical peculiarity 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 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 this chapter, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

That the unnecessary hardship has not been created by the applicant;

That the variance, if granted, 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 the adjacent property, nor be detrimental to the public welfare;

That the variance not be based on economies of developing the project; and

That the variance, if granted, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.

The time and place of the hearing and the nature of the matter to be considered at a hearing shall be given to the public, the applicant, the Zoning Officer, the Borough Secretary and any person who has made a timely request for the same. In the event of a dispute with the rulings of the Planning Commission, challenges to the validity of this chapter or to the Zoning Map, and requests for variances, special exceptions or changes to other nonconforming uses, the Chairman of the Planning Commission shall also be notified. The notice shall be published once a week for two consecutive weeks in a newspaper in general circulation in the Borough, with the first advertisement not more than 30 days nor less than 14 days prior to the hearing. Notice shall be posted at the Borough building and shall be conspicuously posted on that part of the property's perimeter which abuts the street.

The parties to the hearing shall be the Borough of Mars, any person affected by the application and who has made a timely appearance of record before the Zoning Hearing Board and any other person, including civic or community organizations permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have the power to require that all persons who wish to be considered parties to the hearing file an "Entry of Appearance" form provided at the hearing. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

The Chairman or the Vice Chairman of the Zoning Hearing Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by any recognized parties. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

The Zoning Hearing Board shall not communicate directly or indirectly with any party or their representative in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memorandum, or other materials unless all parties are afforded an opportunity to contest the materials, and shall not inspect the site or its surroundings after the commencement of the hearings with any party or their representative unless all parties are given an opportunity to be present.

The Zoning Hearing Board shall keep a stenographic or recorded record of the proceedings. A transcript of the proceedings and copies of the graphic or written material received in evidence shall be made available to any party at cost.

A copy of the final decision and/or findings shall be mailed to or hand delivered to the applicant not later than the day following the date of the decision. The Zoning Hearing Board shall provide a brief notice of the decision or findings to all other persons who have filed an "Entry of Appearance" form at the hearing and have filed a request for a copy of the decision. Should more than 45 days elapse between the receipt of a written request for a hearing and the start of the hearing or between the end of the last hearing and a decision, a decision shall be deemed to have been in favor of the applicant, unless the applicant has agreed, in writing, to an extension of time. If this happens, the Borough shall give public notice of such a decision within 10 days.

Any decision or findings of the Zoning Hearing Board may be appealed to the Court of Common Pleas by any party properly signed into the hearing with an "Entry of Appearance" form available at the hearing within 30 days from the date of the decision or findings.

No such variance in the strict application of any provision of this chapter shall be granted by the Zoning Hearing Board unless it finds that there are special circumstances or conditions which are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land or buildings.

The granting of any variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.