Variance & Hardship Criteria

A variance is a means to obtain relief from the strict application of the requirements of the zoning ordinance to fit the land it regulates. It enables a property owner to use his or her land which, due to specific location, topography, size, or shape, otherwise would not be suitable for development under the strict interpretation of the zoning 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:

  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 chapter in the neighborhood or district in which the property is located.
  2. 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. Such unnecessary hardship has not been created by the applicant.
  4. 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.
  5. 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.

In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the zoning ordinance, as is stated in the Pennsylvania Municipal Planning Code, Section 910.2.b.