Leacock Township City Zoning Code
ARTICLE XXII
Hardship Relief
§ 310-289 Purpose.
A.
In recognition that certain uses might be safely permitted without detriment to the general welfare, the Zoning Hearing Board may judge, and either approve, approve with conditions, or disapprove, applications which the Zoning Officer may not permit.
B.
Except as modified herein, it is the intent of this article to make provisions for certain uses which would be consistent with the intent of the standards for a given zoning district, but which would not be allowed due to some unavoidable limitation of an existing lot to fully meet an established standard.
§ 310-290 Existing nonconforming development.
No hardship relief for existing nonconforming uses shall be made except as provided in Article XXI.
§ 310-291 Variances.
A.
Application procedure. The Zoning Hearing Board may prescribe the form of application.
B.
Review procedure. The Board may grant a variance, provided the following findings are made where relevant in a given case. The burden of proof shall rest with the applicant.
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of a 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 generally created by the provisions of this chapter in the neighborhood of or zoning 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 provisions of this chapter 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 applicant.
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood or zoning 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)
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.
(6)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter. The Board shall require that adequate on- or off-site water and sewage disposal facilities are available for the use intended.
(7)
Unless otherwise specified by the Board or by law, a variance shall expire if the applicant fails to obtain a zoning permit within one year from the date of authorization thereof by the Board or by the court if such variance has been granted after an appeal. The Board, upon written application and for reasonable cause shown, may extend the approval for an additional period of up to one year.
(8)
The applicant shall comply in all respects with all other requirements of this subsection.