Variance Application

056.1    Criteria for Granting Variances
The Board of Appeals and Adjustments may issue a variance only if it determines all of the following exist with respect to the particular request:

1. The strict enforcement of this Ordinance would cause practical difficulties because of circumstances unique to the individual property under consideration.  "Practical difficulties" as used in connection with the granting of a variance means the property owner proposes to use the property in reasonable manner not permitted by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, the variance is in harmony with the general purposes and intent of the Ordinance, the variance is consistent with the comprehensive plan, and the variance, if granted, will not alter the essential character of the Township.  Economic considerations alone shall not constitute practical difficulties.  Practical difficulties includes, but are not limited to, inadequate access to direct sunlight for solar energy systems.  Variances shall be granted for earth sheltered construction when in harmony with this Ordinance.

2. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography or other circumstances over which the owners of the property have had no control.

3.  Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

4. The special conditions or circumstances do not result from the actions of the applicant.

5. Granting the variance requested will not confer on the applicant any special privelege that is denied by this Ordinance to others of other lands, structures or buildings in the same district.

6. The variance shall not allow any use that is not permitted under the Ordinance for a property in the zoning district where the affected applicant's land is located.