What is a Variance?
A variance is relief from the standards of the Zoning Ordnance as determined by the Zoning Officer. Variances are granted by the Zoning Hearing Board from a particular regulation contained in the Zoning Ordinance. Specifically, a variance allows a property owner to seek relief from a standard of the zoning ordinance to enable the property owner to use his or her land that would otherwise not be possible because of location, topography, size or shape under the strict standards of the ordinance. The Zoning Hearing Board has exclusive authority to grant a variance, based on 5 specific criteria.
General Standards for Variances
There are five criteria that the Zoning Hearing Board will consider, as applicable, when determining whether a variance to the Township Zoning Ordinance is necessary. These five criteria are located in section 910.2.a. of the Pennsylvania Municipal Planning Code, as well as Section 27-605.3 of the Township Zoning Ordinance. The criteria are as follows:
- 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 chapter in the neighborhood or district in which the property is located.
- 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 reasonable use of the property.
- Such unnecessary hardship has not been created by the applicant.
- The variance, if authorized, will not alter the essential character of the district or neighborhood in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, not be detrimental to the public welfare.
- The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue.
When granting a variance, the Zoning Hearing Board may impose reasonable conditions and safeguards to ensure the goals of the zoning ordinance and this act are met.
The burden of proof typically rests with the applicant, so it’s important to provide all necessary evidence to support your application. You should bring a scaled plan of your property that clearly shows all existing improvements, the location of neighboring houses, and any other relevant details. If you fail to provide adequate evidence to support your case, the Zoning Hearing Board may deny your application.