§ 310-41 Variances
A. Filing of variances. An application may be made to the Zoning Hearing Board for a variance where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The application must be on a form provided for that purpose by the Zoning Officer. It must be filed with the Zoning Officer and copies given to the Board and Township Planning Commission. The applicant must provide all the information requested on the form together with any other information and data that may be required to advise the Board on the variance requested, whether such information is called for by the official form or not.
B. Referral to Planning Commission. All applications for a variance shall be referred to the Township Planning Commission for a recommendation. The Planning Commission will officially review an application for a variance at a particular meeting only if the application was filed 15 days prior to the Planning Commission's regular meeting.
C. Standards for variances. 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 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 the 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 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.
(5) Unless otherwise specified or extended by the Board, a variance authorized by it expires if the applicant fails to obtain a building permit or use certificate within six months from the date of authorization of the variance.
(6) 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.
D. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the Zoning Ordinance.
