Any decision or interpretation regarding the administration, standards or requirements of this subchapter may be appealed to, or a variance from the decision, standards or requirements may be requested of the Zoning Board of Appeals (ZBA) upon written request of any interested party, including township agents or officials, except that appeals must be filed within 21 days of the final decision of the Planning Commission.
(A) The ZBA may grant relief as is appropriate for cause and in granting the relief may impose reasonable conditions as a part of granting the relief.
(B) The ZBA may provide interpretations upon application of any interested party, including township agents or officials.
(C) Variances may only be granted by the ZBA upon finding:
(1) There are reasonably special circumstances or conditions affecting the property, such that the strict application of the provisions of this subchapter would clearly be impractical or unreasonable;
(2) The requested variance is reasonably needed by the applicants for the applicants’ purposes and if granted would be reasonably consistent with generally accepted planning, engineering and development standards; and
(3) The applicant’s basis is not self-created or inconsistent with the policy and planning and standards of the township, as established by its ordinances and other applicable law, and must find:
(a) That granting the variance will not be unduly detrimental to the public welfare or injurious to other property in the area in which the property is situated; and
(b) The variance will not have the effect of being contrary to, or nullifying, the intention and purpose of township ordinances and the adopted Master Plan and any other applicable law.
(D) In the event a variance is granted under this section, the variance shall be reflected in the conditional private road or shared driveway permit and certificate of completion.
(Ord. 02-03, passed 6-17-2002)