Board of Zoning Appeals

A variance is an official permit to do something in a way or for a purpose normally forbidden by a zoning law or a building code. No variance shall be granted that is greater than the minimum necessary to relieve the hardship or practical difficulty demonstrated by the applicant. The requested variance must satisfy each of the following standards:

1. is a unique physical condition
2. is not self-created
3. would deny substantial rights
4. is not merely a special privilege
5. must be in harmony with the Township Resolution
6. would not result in a use or development on the subject property that:
   1. would be materially detrimental to the public welfare or materially injurious to the enjoyment , use, development value of property or improvements permitted in the vicinity;
   2. would materially impair an adequate supply of light due to adverse location of shadow to the properties and improvements in the vicinity;
   3. would substantially increase hazardous conditions in the public streets due to traffic or parking;
   4. would unduly increase the danger of flood or fire;
   5. would unduly tax public utilities and facilities in the areas; or
   6. would endanger the public health or safety

A Conditional Use is a use permissible within a district other than a principally permitted use, which requires a Conditional Use Certificate, and approval by the Board of Zoning Appeals.  A school or church in a district zoned residential is an example of a Conditional Use.  Conditional Uses have some special impact or uniqueness which requires careful review of the location and design to determine the desirability of permitting their establishment on any given site.

There are four general standards considered by the board and applicable to all conditional uses:

1. compliance with the spirit and intent of the Zoning Resolution and the zone district
2. determination that the proposed use will not have an adverse affect on adjacent property or the public health, safety, morals and general welfare
3. protection of natural, scenic, and historic features to the greatest extent practicable
4. consistency with adopted plans