(1) The Zoning Hearing Board shall hear requests for variances filed with the Zoning Hearing Board in writing by any landowner (or any tenant with the permission of such landowner) which allege that the provisions of this chapter inflict unnecessary hardship upon the land.
(2) The Zoning Hearing Board may grant a variance only if the following findings, where relevant, are made:
(a) 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 generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(b) Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) Such unnecessary hardship has not been created by the appellant.
(d) 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) 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 Zoning Hearing Board may attach such reasonable conditions and safeguards as may deem necessary to implement the purposes of this chapter.
(4) All variances granted to subdivisions or land developments shall be null and void if the construction involved in the variance is not substantially completed upon the expiration of five years from the date of the preliminary plan approval of the subdivision or land development.
(5) All variances granted to other landowners shall be null and void if the construction involved in the variance is not commenced within one year of the date the variance is granted.
