Land Use & Zoning
Under Pennsylvania's Municipalities Planning Code, a 'variance' from a zoning ordinance is granted when:
AA property owner wants to use land in a manner expressly permitted by the zoning ordinance
BA municipality wants to rezone an entire district to a new classification
CA property owner demonstrates unique hardship specific to their property making strict compliance with zoning unreasonable✓ Correct
DA developer wants to build a subdivision with more than 10 lots
Explanation
A variance is relief from the strict terms of a zoning ordinance granted by the Zoning Hearing Board (ZHB) when a property owner demonstrates that unique physical characteristics of their specific property create an unnecessary hardship making strict compliance unreasonable. Pennsylvania requires showing unnecessary hardship — not merely inconvenience or economic preference. A variance runs with the land and is not personal to the applicant.
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