§ 16-147. Variances.

(a)

Generally. The township planning commission may recommend to the township board a variance from the provisions of this article on a finding that undue hardship may result from strict compliance with specific provisions or requirements of the article or that application of such provision or requirement is impracticable. The planning commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, as required in this subsection, the planning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the planning commission finds after a public hearing:

(1)

That there are such special circumstances or conditions affecting such property that the strict application of the provisions of this article would clearly be impracticable or unreasonable. In such cases, the subdivider shall first state his reasons in writing as to the specific provisions or requirement involved and submit them to the planning commission.

(2)

That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which such property is situated.

(3)

That such variance will not violate the provisions of the land division act.

(4)

The planning commission shall include its findings and the specific reasons therefor in its report of recommendations to the township board and shall also record its reasons and actions in its minutes.

(5)

That such variance will not have the effect of nullifying the interest and purpose of this article and the land use plan of the township.

(b)

Topographical, physical limitation variance. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this article would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions, or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this article, the planning commission may recommend to the township board that variance modification or a waiver of these requirements is granted.

(Comp. Ords. 1985, §§ 17.301, 17.302)