Use and Dimensional Variances
by Ronald M. Lucas and Charles M. Suhr


Most municipalities have enacted zoning ordinances to regulate how land is used. These ordinances divide up the municipality into geographic areas (zoning districts such as Residential R-1 and Commercial C-2) and then list what uses are permitted within each zoning district. For instance, a zoning ordinance may provide that a restaurant is permitted (e.g. a "permitted use") within a C-2 zoning district, but that a restaurant with a drive-thru is only permitted within a C-1 zoning district. In addition, the zoning ordinance regulates how the uses are to be dimensionally placed on a specific site. For instance, a zoning ordinance may say that the minimum lot size for a single-family home is 10,000 SF, while the minimum lot size for a warehouse is 5 acres. If your project does not meet these requirements, you need to appear before the municipal zoning hearing board (the "Board") and as for relief-a variance.

A variance is a deviation granted by the Board from the terms of the zoning ordinance. The Pennsylvania Municipalities Planning Code (MPC) lists the specific standards that must be demonstrated to the Board in order to receive a variance:

1. Unique physical circumstances or conditions peculiar to the property and that the unnecessary hardship is due to such conditions.

2. There is no possibility that the property can be developed in strict conformity with the

3. The appellant has not created the hardship.

4. Variance will not alter the essential character of the neighborhood or district nor substantially or permanently impair adjacent property, nor be detrimental to the public welfare.

5. The minimum variance will afford relief and the least modification possible.

Use Variance

A use variance is granted by the Board to allow a use, which is not listed as a permitted use in the zoning district, to be developed on the property. Use variances are difficult to obtain. You must prove to the satisfaction of the Board that the property cannot be used for any of the listed permitted uses in that zoning district. This does not mean that you don't want to use the property for any of the permitted uses, or that it would be unprofitable to do so, but rather that the constraints of the property itself eliminate the feasibility of developing any of the permitted uses, and that your proposed use is the best use to be placed on the property. In other words, the property itself dictates that your proposed use is the only use to be developed on the property.

Dimensional Variance

A dimensional variance is granted by the Board to allow a permitted use to squeeze on to the property. These variances are often treated as less serious by developers because the project if following the general zoning use regulation scheme set for by the municipality. These variances often seek minor adjustments in the site-specific requirements to allow the use on the property, including lot size and dimension, yard and building setbacks, impervious lot coverage, parking requirements, and sign limitations.

As with use variances, you will be required to prove to the Board the five requirements set forth in the MPC. However, as stated by the Pennsylvania Supreme Court, "the owner is asking only for a reasonable adjustment of the zoning regulations in order to utilize the property in a manner consistent with the applicable regulations." Thus, the Board my recognize that, in general, a request for a dimensional variance is not as "serious," since the proposed use is consistent with the use regulations and the requested relief is merely to adjust the lot-specific requirements.

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