Service

Variance - Title 17

A variance allows property owners to request an exception from certain zoning rules when unique conditions make it difficult to follow the code. It’s not a shortcut or a way to avoid inconvenience—it’s meant for situations where strict enforcement would be unfair or unreasonable.

How to Apply

You can apply online and submit all required documents through the Borough’s permitting portal:

👉 Apply Online Here

What You’ll Need

Before applying, make sure you have:

• A completed Variance Application

• A certified site plan sealed by a licensed surveyor

• Structural elevation drawings showing the proposed development

• A written narrative explaining how your request meets the five criteria in MSB 17.65.020

• A $1,500 application fee

• Any additional documentation required by MSB 17.65 and MSB 17.125

What to Expect

1. Submit your application online.
2. Public notice will be issued, and neighbors may submit comments or testify.
3. The Planning Commission will hold a public hearing.
4. You may be asked to attend and speak at the hearing.
5. A decision will be issued within 30 days after the hearing closes.
6. If approved, the variance may include conditions to protect public health, safety, and neighboring properties.

Important Rules

• Variances cannot be granted for prohibited land uses or personal financial hardship.

• You must exercise the variance within one year, or it becomes void.

• All variances are recorded by the Planning Department.

• Decisions can be appealed to the Borough Board of Adjustment and Appeals.

Q: Can I get a variance for something I caused myself?
No. If the need for a variance is self-created, it cannot be approved.

Q: What if I just want to avoid extra costs or hassle?
Financial hardship or inconvenience alone is not a valid reason for a variance.

Q: How long is a variance valid?
One year from the date of approval, unless used or the approved structure is removed.

Q: Who decides if my variance is approved?
The Borough Planning Commission reviews and decides on all variance requests.

Code: MSB 17.65 – Variances