[Ord. of 6-13-1972; amended 1-31-2019 by Ord. No. 2019-1]
(a) The Township Board may, upon written application from the subdivider
and after receipt of a recommendation from the Planning Commission,
grant a variance from the provisions or requirements of this article.
A public hearing shall be held by the Planning Commission prior to
making its recommendation to the Township Board. Notice of this hearing
shall be given in the same manner as is provided in the Michigan Zoning
Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.) with
respect to the adoption or amendment of a Township zoning ordinance.
No variance shall be recommended by the Planning Commission or granted
by the Township Board unless there is a finding:
(1)
That there are such special circumstances or conditions affecting
the property in question such that strict application of the provisions
or requirements of this article would clearly be impracticable or
unreasonable.
(2)
The granting of the variance will not be detrimental to the
public welfare or injurious to other property in the area in which
the subdivision is situated.
(3)
That the variance will not violate the provisions of the Land
Division Act.
(4)
That the variance will not have the effect of nullifying the
interest and purpose of this article and the Master Plan.
(b) After the completion of the public hearing, the Planning Commission
shall make a written recommendation to the Township Board, which shall
include its findings and specific reasons for its recommendation.
On receipt of such written recommendation, the Township Board shall
act to either grant or deny the variance.
[Ord. of 6-13-1972]
A subdivider may request a variance of certain provisions or requirements of this article in the case of a planned unit development. Such request for a variance shall be considered and acted upon in the same manner as is provided in Section
18-150. In making its recommendation to the Township Board, the Planning Commission shall consider whether the planning unit development provides adequate public spaces and includes provisions for efficient circulation, light and air, and other needs, the nature of the proposed use of land and existing use of land in the vicinity, the number of persons to reside or work in the proposed planning unit development, the probable effect of the proposed planning unit development upon traffic conditions in the vicinity whether the proposed planning unit development will constitute a desirable and stable community development, and whether the proposed planning unit development would be in harmony with adjacent areas.