(A) Grounds for a variance.
(1) If the applicant can clearly demonstrate that literal enforcement of this chapter is impractical or will impose undue hardship in the use of the land because of peculiar conditions pertaining to the land, and were not created by the applicant or its predecessors in title, the Township Board may permit such variances as, in its sound discretion, it believes to be reasonable and within the general purpose and policy of this chapter. A financial hardship or gain shall not of itself be sufficient.
(2) In making the findings required below, the Board shall consider the recommendations of the Planning Commission, the location and condition of the proposed project, the nature of the proposed variance as compared with the existing use of land in the vicinity, the number of persons to reside or work in the proposed project and the probable effect of the proposed project and variances on traffic conditions, public health and safety in the vicinity.
(3) No variance shall be granted unless the Board finds that all of the following conditions exist:
(a) There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land;
(b) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(c) The granting of the variance will not be contrary to state or county regulations or township ordinances, detrimental to the public welfare or injurious to other property in the area in which said property is situated.
(Prior Code, § 101.081)
(B) Procedure for a variance.
(1) The applicant shall submit an application for a variance to the Township Clerk on a form provided by the Clerk. The application fee shall be the same as provided by the Township Board for zoning variances. The application shall be submitted at least ten days before the regularly scheduled meeting of the Planning Commission.
(2) The Clerk shall forward the application and all associated materials to the Planning Commission and to the Township Engineer, Planner or Attorney as necessary.
(3) The Planning Commission shall hold a public hearing and notice shall include, and shall be given in accordance with § 152.023 of this chapter.
(4) The Planning Commission shall make a recommendation to approve, deny or modify the variance request to the Township Board stating its reasons for the recommendations. The Commission shall rely on the criteria of division (A) above in making its recommendation.
(5) The Township Board shall consider the recommendation of the Planning Commission at its next regularly scheduled meeting following the Planning Commission’s recommendation and shall approve, deny or modify the recommendation of the Planning Commission.
(Prior Code, § 101.082) (Ord. 93-7, effective 1-20-1994)