(A) The Township Board may grant a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of the chapter or that application of the provision or requirement is impracticable. The Township Board may also grant an appeal of the decision of the Zoning Administrator on a land division. The Township Board shall only grant variances or appeals that it deems necessary to or desirable for the public interest. The Township Board shall not grant any variance or appeal that would violate the requirements of the Michigan Land Division Act. In making its findings, as required herein below, the Township Board 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 and any other condition which shall be deemed to be detrimental to the public welfare or injurious to other property owners. Any variance related to a subdivision plat shall be based upon a recommendation from the Planning Commission.
(B) Subdivision process. For a subdivision plat, the process for a variance request from this chapter shall be as follows:
(1) Applications for any variance shall be made in writing to the Township Clerk by the developer prior to approval of the final preliminary plat. The application shall state fully and clearly all facts relied upon by the proprietor. The application shall include any required fee, and be supplemented with maps, plans and other additional data which may aid the Planning Commission in the analysis of the requested variance.
(2) The request shall be forwarded to the Planning Commission. The Planning Commission shall first conduct a public hearing. Following the public hearing, the Planning Commission shall provide a recommendation to the Township Board, in accordance with the standards below.
(3) The Township Board shall make a decision on the request. In making its decision, the Township Board may establish requirements, time constraints or conditions that will, in its judgment, secure substantially the objectives and requirements of this chapter. The Township Board shall state the reasons for its finding or decisions as part of its official records.
(4) The Township Board shall have the final authority on variances, waivers or modifications of the standards of this chapter, except Genesee County must also approve any variances from County standards. Appeals of the Township Board decisions shall be to a court of law.
(C) Land division process. For an appeal of the decision of the Zoning Administrator on a land division, the process for an appeal or variance request from this chapter shall be as follows:
(1) Applications for any variance shall be made in writing to the Township Clerk by the applicant within 30 days of the decision of the Zoning Administrator. The application shall state fully and clearly all facts relied upon by the applicant. The application shall include any required fee, and be supplemented with maps, plans and other additional data which may aid the Township Board in the analysis of the requested appeal or variance.
(2) The Township Board shall make a decision on the request. In making its decision, the Township Board may establish requirements, time constraints or conditions that will, in its judgment, secure substantially the objectives and requirements of this chapter. The Township Board shall state the reasons for its finding or decisions as part of its official records.
(3) The Township Board shall have the final authority on variances, waivers or modifications of the standards of this chapter, except Genesee County must also approve any variances from county standards. Appeals of the Township Board decisions shall be to a court of law.
(Ord. 372.1 § 900, passed 6-10-1999)