MapLink™ | Procedures | Variances

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The Zoning Hearing Board (ZHB) shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The ZHB may, by rule, prescribe the form of application to the Zoning Officer.
(a) The ZHB may grant a variance, provided that all of the following findings are made where relevant in a given case:
[1] That 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 zone 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 chapter, and that the authorization of a variance is therefore necessary to enable 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 zone or neighborhood 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.
[5] That 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.
(b) In granting any variance, the ZHB may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article 9: Administration and Enforcement.

See § 270-9.1: Zoning Hearing Board (ZHB) for complete, detailed information on the ZHB.