The Township Board may authorize a variance from the provisions of these Regulations when it determines that undue hardship may result from strict compliance with specific provisions or requirements of these Regulations. In granting any variance, the Board may prescribe other conditions that it deems necessary or desirable for the public interest.
No variance shall be granted unless the Township Board finds:
(a) That there are special circumstances or conditions affecting the situation such that a strict application of the provisions of these Regulations would deprive the applicant of reasonable use of his or her property;
(b) That the variance is necessary for the preservation and enjoyment of the substantial property right of the applicant;
(c) That the granting of the variance will not be unduly detrimental to the public welfare or injurious to other property in the Township; and
(d) That such variance will not have the effect of nullifying the interest and purpose of these Regulations nor violate the provisions of other State or Federal regulations.
Permanent variances may be granted subject to such other conditions as the Township Board may require.
Temporary variances may be granted for a one-year period, provided that a suitable financial guarantee in the form of cash or a letter of credit in the full amount of the estimated cost of the improvement covered by the variance has been deposited with the Township. Such financial guarantee shall contain the provision that it is forfeitable to the Township at the end of one year, unless the improvement covered by the temporary waiver is installed.
The Township may extend the temporary waiver for one additional year upon request, provided that satisfactory extension of the financial guarantees is furnished.
Any person may apply for such a variance or extension by requesting the same in writing, stating fully and clearly the reasons for the request and including any supplemental information and data which he or she believes may aid in the analysis of the proposed request.
(Ord. 281. Passed 10-2-89.)