MapLink™ | Procedures | Variance Requests and Appeals

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Variance Requests and Appeals
Where unnecessary hardship exists resulting from the strict interpretation of this chapter, the Board may grant a variance. In considering any appeal for a variance, the Board shall pursue the following procedure:
1. Upon appeal from a decision by the Zoning Officer, the Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. The Board shall prescribe the form of application and required preliminary application to the Zoning Officer.

2. A copy of each request for a variance shall be submitted to the Township Planning Commission for review. The Zoning Hearing Board shall not complete hearings on any application without receiving an advisory report from the Township Planning Commission, which report may be submitted to the Zoning Hearing Board in writing or verbally at a hearing; provided, however, if the hearings are completed more than 30 days following the submission to the Planning Commission, the Zoning Hearing Board may complete the hearing process irrespective of whether the Planning Commission has submitted its report.

3. The Board's decision to grant a permit for a variance shall be made only after public notice and hearing. Such permit shall apply specifically to the appeal and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to additional review and public hearing by the Zoning Hearing Board.

4. The Board may thereafter grant a variance authorizing the Zoning Officer to issue a zoning permit, provided all of the following findings are made in a given case.
 
A. That there are unique physical circumstances or conditions including irregularity, narrowness or shallowness, 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 chapter in the neighborhood or district in which the property is located;

B. 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 the authorization of a variance is therefore necessary to enable the reasonable use of the property;

C. That such unnecessary hardship had not been created by the appellant;

D. 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; nor

E. That the variance, if authorized, will represent the minimum variance that will afford relief and the least modification possible of the regulation in issue and will not permit the establishment of a principal or accessory use not otherwise permitted by this chapter.
 
5. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.