Service

Variance - Title 17

A variance allows a property owner to request a limited exception from specific requirements of MSB Title 17 when unique conditions of the property make strict compliance difficult.

A variance is not a shortcut and is not intended to avoid inconvenience or cost. It is only granted when strict application of the code would be unreasonable due to conditions specific to the property.

Start Here: How Variances Fit Into the Process

A variance is typically the last step in the land use review process.

Before applying for a variance, you must first determine:

Whether your proposed use is allowed
Whether a conditional use permit is required
Whether additional regulations apply (such as SPUDs or floodplain rules)

A variance cannot:

Authorize a prohibited use
Replace a conditional use permit
Override other Borough, state, or federal requirements

If multiple regulations apply, the most restrictive standard governs.

When a Variance May Be Considered

The Planning Commission may approve a variance only if all of the following criteria are met:

There are unusual conditions or circumstances specific to the property
Strict application of Title 17 would deprive the property of rights commonly enjoyed by other properties
The variance will not be injurious to nearby property or harmful to the public welfare
The variance is consistent with Borough plans and the intent of Title 17
The variance is no greater than necessary to allow reasonable use of the property

All five criteria must be satisfied.

Important Limitations

A variance may not be granted if:

The need for the variance is self-created
The request would allow a use that is prohibited
The request is based solely on financial hardship or convenience

Variances are not intended to modify or replace conditional use permit requirements.

Where Variances Apply

Variances are typically applied to dimensional or physical requirements of Title 17, such as:

Setbacks
Height limits
Lot configuration constraints

They are not used to change the type of use allowed on a property.

Additional Regulatory Layers

Your project may also be subject to other Borough regulations, including:

Special Land Use Districts (SPUDs)

If your property is within a SPUD:

Additional standards or prohibitions may apply
A variance cannot override prohibited uses within a SPUD

Floodplain Regulations

If your property is within a flood hazard area (MSB 17.29):

A floodplain development permit may be required
A variance does not waive floodplain requirements

Other Requirements

Projects may also require:

Building permits
Driveway or access permits
State or federal approvals

All applicable requirements must be met independently of a variance.

How to Apply

Submit your application through the Borough’s online portal:

Apply Online – MSB Self-Service Portal

Application Requirements

A complete application must include:

Completed variance application form
Legal description of the property
Description of the requested variance, including the applicable code section
Written narrative explaining how the request meets the five approval criteria
Certified site plan prepared by a licensed surveyor
Application fee

Additional materials may be required depending on the request, such as building plans or elevation drawings.

What to Expect

Application is submitted and reviewed for completeness
Public notice is issued
A public hearing is held before the Planning Commission
The Planning Commission issues a written decision

A decision is issued within 30 days after the close of the public hearing.

Conditions of Approval

If approved, the Planning Commission may apply conditions necessary to:

Ensure compliance with Title 17
Protect adjacent properties
Protect public health, safety, and welfare

Duration of a Variance

A variance becomes void if:

It is not exercised within one year after approval, or
The approved structure or use is removed or discontinued

Appeals

Decisions may be appealed to the Borough Board of Adjustment and Appeals in accordance with MSB 15.39.

Frequently Asked Questions

Can I get a variance for something I caused myself?
No. Variances cannot be granted for self-created conditions.

Can I use a variance to allow a prohibited use?
No. Variances cannot authorize uses that are not allowed under Title 17 or applicable districts.

Can I request a variance to avoid cost or inconvenience?
No. Financial hardship or inconvenience alone is not a valid basis for approval.

Do I still need other permits?
Yes. A variance does not replace other required permits or approvals.

Who decides whether a variance is approved?
The Planning Commission reviews and decides all variance applications.

Code Reference

MSB 17.65 – Variances
MSB 15.39 – Appeals

Quick Summary

A variance is a limited exception to specific Title 17 requirements
All five approval criteria must be met
Variances cannot allow prohibited uses or replace conditional use permits
Other regulations, including SPUDs and floodplain rules, still apply
The Planning Commission makes the final decision