Proposed subdivisions shall comply with the requirements of §§ 157.01 through 157.12 and all other applicable requirements of the village, county and state. In the event that unusual hardships or unique circumstances exist that make compliance with §§ 157.01 through 157.12 impractical or impossible, the applicant shall use the following procedure to request a variance from the strict enforcement of these regulations.
(A) Prior to final approval of the preliminary plat, the applicant shall state his request for a variance in writing. The written request shall be submitted to the office of the Village Clerk not less than 14 days prior to a scheduled meeting of the Planning Commission. The written request shall be accompanied by such reasonable fees as the Village Council may establish to defray the costs of review by village representatives. The Village Clerk shall transmit a properly prepared variance request to the Planning Commission.
(B) After receipt of a variance request, the request shall be placed on the agenda of the Planning Commission for the next regularly scheduled meeting. The Planning Commission shall schedule a public hearing on the request. Notice of the hearing shall be provided to all owners of record of real property located within 300 feet of the proposed subdivision site boundaries. The notices shall be delivered personally or by mail not less than five days before the date set for the hearing.
(C) The Planning Commission shall submit to the Village Council its findings on the existence of any extraordinary hardships, practical difficulties or unique circumstances that will result from the strict enforcement of these regulations. If the Planning Commission finds the requested variance will not compromise the public interest or the intent of §§ 157.01 through 157.12, the Planning Commission may recommend to the Village Council approval of a variance to these regulations. The Planning Commission may recommend conditions to the variance consistent with the objectives of these regulations.
(D) The Village Council may grant a variance if the Council finds that:
(1) The variance will not be detrimental to the public, health, safety and general welfare nor injurious to other property.
(2) The conditions underlying the variance request are unique to the property and are not generally applicable to other property.
(3) Due to particular characteristics, shape or topographical conditions of the property, a particular hardship to the owner, as distinguished from inconvenience or monetary loss, will result if these regulations are enforced.
(4) The variance will not violate the requirements of the Zoning Code, Chapter 158 of this code, being Ordinances 26.01 through 26.64 and all amendments thereto; Master Plan; and Subdivision Control Act, being M.C.L.A. §§ 560.101 et seq. or any other applicable law or regulation.
(E) In approving a variance, the Village Council may impose conditions to the variance consistent with the objectives of these regulations.
(F) If the variance request is denied, any further appeal shall be in accordance with the procedures set forth in the Zoning code, Chapter 158 of this code, being Ordinances 26.01 through 26.64 and all amendments thereto.
(Ord. 25.04, passed 11-25-96)