Township of Middle Smithfield - Procedures

Variances

Full Text from eCode360®

The Board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary hardship upon the applicant. The applicant shall first complete a written application and submit it to the Zoning Officer(s). The Zoning Hearing Board 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 condition generally created by the provision of the zoning ordinance in the neighborhood or district 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 provision of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the 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 neighborhood or district in which the property is located, not substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

(5)

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.

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 the MPC and the zoning ordinance.

A variance, whether labeled dimensional or use, is appropriate, only where the property, not the person, is subject to hardship.

A property owner shall have 12 months from the date of issuance and approval of a variance to secure applicable zoning and building permits. If a property owner fails to secure applicable zoning and building permits within 12 months from the date of the variance approval, the variance shall expire. The Zoning Officer may conclusively presume that the applicant/property owner has waived, withdrawn or abandoned approvals and permits and may consider all such approvals and permits to have become null and void.

A property owner shall commence construction within 12 months of the issuance of the first zoning and/or building permit, as it pertains to the issuance of a variance. If a property owner has timely secured his/her zoning and building permits, however, does not commence construction on said permits within 12 months from the first date of issuance, then the variance and accompanying zoning and building permits shall expire. The Zoning Officer may conclusively presume that the applicant/property owner has waived, withdrawn or abandoned approvals and permits and may consider all such approvals and permits to have become null and void.

In response to a property owner applying for relief and stating good cause in writing, the Zoning Hearing Board may extend the time limit for completion of work to a maximum of 36 months from the date the first zoning or building permit was issued after the issuance of the variance.

Township of Middle Smithfield, PA

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