In accordance with Article IX of the Pennsylvania Municipalities Planning Code,[1] a Zoning Hearing Board shall be appointed and organized, which Board shall adopt rules to govern its procedure. The Board shall hold meetings, keep minutes and, pursuant to notice, conduct hearings, compel the attendance of witnesses, take testimony under oath and render decisions, in writing, within 45 days after hearing or continued hearing, all as required by law. For the filing of an appeal or proceeding with the Board, a fee shall be charged in accordance with a schedule annually fixed by the governing body.

Except as provided in the Pennsylvania Municipalities Planning Code, the Zoning Hearing Board shall have no power to pass upon the validity of any provision of this chapter or the Zoning Map adopted by the Board of Supervisors.

The Zoning Hearing Board shall be appointed by the governing body and shall consist of three members, one of whom shall be designated to serve until the first day of January following the adoption of this chapter, one until the second January thereafter, and one until the first day of the third January thereafter. Their successors shall be appointed on the expiration of their respective terms to serve three years. The members of the Board shall be removable for cause by the appointing authority upon written charges and after public hearing. Any vacancy shall be filled for the unexpired term. The Board of Supervisors may also appoint one member of the Zoning Hearing Board to be a member of the Planning Commission, if it so desires.

Any person or municipal official aggrieved or affected by any provision of this chapter or by any decision of the Zoning Officer may appeal to the Zoning Hearing Board within 30 days, in accordance with the Pennsylvania Municipalities Planning Code, by filing a notice of appeal specifying the grounds thereof. The Board shall have the power to hear and decide appeals from any order, requirement, decision, grant or refusal made by the Zoning Officer in the administration of this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board.

Every appeal or application shall refer to the specific provision of this chapter 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 that is applied for or the grounds on which it is claimed that variance should be granted, as the case may be. At least 10 days before the date of the hearing on an application or appeal, the Board shall transmit to the Planning Commission a copy of said application or appeal in order that the Planning Commission may have an opportunity of submitting a report or opinion to the Board.

The hearing shall be conducted in accordance with the Pennsylvania Municipalities Planning Code. The Zoning Hearing Board may appoint any member as a Hearing Officer. The decision or, where no decision is called for, the findings, shall be made to the Board, but the parties may waive decision or findings by the Zoning Hearing Board and accept the decision of the Hearing Officer as final.

That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical condition peculiar to the particular property or use, and that 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 or use 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 applicant.

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor weaken the validity of the zoning, 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 deviation from 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 prohibitory provision took effect, but not in violation of the area and yard requirements of the district in which such structures or premises are located.

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

If any nonconforming use of land ceases for any continuous period exceeding one year, any subsequent use of the land shall be in conformity to the regulations of this chapter.