A. The membership of the Zoning Hearing Board shall consist of three residents of Fox Chapel Borough appointed by resolution by Borough Council. Their terms of office shall be three years and shall be so fixed that the term of one member shall expire each year. The Board shall promptly notify Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in Fox Chapel Borough, nor shall any member be an employee of the municipality.
B. Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Board. The term of office for an alternate member shall be three years. When seated pursuant to the provisions of § 400-41C below, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all powers and duties set forth in this Part 1, the Planning Code and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission or Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member pursuant to § 400-41C below.
C. If by reason of absence or disqualification of a member a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board designated to sit on the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-to-case basis in rotation according to declining seniority among all alternates.

A. Substantive challenges to the validity of any land use ordinance, except those properly brought before Council.
B. Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
C. Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
D. Applications for variances from the terms of the Zoning Ordinance in this part or any flood hazard ordinance or such provisions within a land use ordinance.
E. Applications for special exceptions under this Zoning Ordinance or any floodplain or flood hazard ordinance or such provisions within a land use ordinance. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Part 1, as it may deem necessary to implement the purpose of the Planning Code and this Zoning Ordinance.
F. Appeals from the determination of any officer or agency charged with the administration of any performance density provisions of this Zoning Ordinance.
G. Appeals from the Zoning Officer's determination under Section 916.2 of the Planning Code.
H. Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision or planned residential developments.
I. Requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

(1) 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 Zoning Ordinance in the neighborhood or district in which the property is located;
(2) 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 Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3) That such unnecessary hardship has not been created by the appellant;
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, not substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare;
(5) 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; and
(6) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Planning Code and the Zoning Ordinance.