A variance from the provisions of this chapter may be obtained
for one of two reasons: first, relief from hardship; and second, to
permit a large-scale development according to a comprehensive plan
for the entire project. Only those variances shall be granted which
are deemed necessary to further justice and which are necessary to
and desirable for the public interest. Variances shall apply only
to improvements, standards, and specifications set forth in this chapter;
no variances shall be granted on procedures required herein.
A.
General. Such variance may be granted if the proprietor can show
that strict compliance with the provisions of this chapter, as they
apply to his property or part thereof, will result in extraordinary
hardship or practical difficulty. The proprietor shall make a formal
request for such variance to the Township Board of Trustees, in which
the reasons for the request are clearly stated.
B.
Findings required. No variance shall be granted unless the following
findings are made:
(1)
That there are such special circumstances or conditions affecting
said property that strict application of the provisions of this chapter
would clearly be impractical or unreasonable.
(2)
That the conditions requiring the variance were not created by the
proprietor.
(3)
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the proprietor, and is not primarily
intended for his economic gain.
(4)
That the granting of the variance will not be detrimental to the
public welfare or injurious to other property in the area in which
said property is situated.
(5)
That such variance will not have the effect of nullifying the intent
and purpose of this chapter, the general development plan, and the
zoning ordinance of Pittsfield Township.
(6)
That such variance will not violate the provisions of the Land Division
Act.
C.
Report. The Township Board of Trustees shall prepare a complete report
of the proceedings concerning the requested variance, containing all
findings of fact and actions taken. A copy of this report shall be
made part of the record of the meeting at which action is taken, and
one copy of the report shall be transmitted to the proprietor.
D.
Conditions. In granting a variance the Township Board of Trustees
may attach conditions to the variance which will substantially secure
the objectives of this chapter, and which will further the adopted
policies expressed in the general development plan, or part or parts
thereof, and in various ordinances and resolutions.
A.
The Township Board of Trustees may authorize variances from the provisions
of this chapter for a comprehensive development such as a commercial
or industrial park, or a planned unit development upon written request
of the proprietor. The Board shall find that such comprehensive development
is permitted by the Zoning Ordinance, and shall have the recommendation
of the Planning Commission, before acting on the request for a variance.
Variances for comprehensive developments may include, but are not
limited to, reduction in minimum lot area and dimensions, and modifications
in street and utility standards.
B.
The Township Board of Trustees shall determine on the basis of the Planning Commission's report that the comprehensive development, with the requested variances, provides for efficient circulation, adequate light and air and other needs, and otherwise meets the intent of this chapter, of the Zoning Ordinance, and of the duly adopted and published general development plan or part thereof. The Board, in making its determination, shall take into account the criteria set forth in the preceding § 12-43 and this § 12-44 and the following sections.
(1)
That the proposed project will constitute a desirable and stable
community development.
(2)
That the proposed project will be in harmony with the existing or
proposed development of adjacent areas.
(3)
That the Planning Commission has reviewed the project plan and recommends
its approval as having met the standards and intent of the general
development plan, or part thereof, as it applies to the area in and
around the subdivision.
(4)
Any variance granted for a comprehensive development shall be valid
only so long as the plan for the comprehensive development is carried
out as approved. Any departure from the approved plan shall permit
revocation by the Pittsfield Township Board of Trustees of any variance
granted.
(5)
The Township Board of Trustees shall establish a time schedule for
completion of the various stages of a comprehensive development.
A.
Hardship variance. Application for any such variance shall be submitted
in writing by the proprietor to the Township Board of Trustees at
the time the preliminary plat is filed for tentative approval by the
Township Planning Commission. The petition shall state fully the grounds
for the application and all the facts relied upon by the petitioner.
B.
Comprehensive development variance. Application for any such variance shall be made in writing by the proprietor at the time the preliminary plat is filed for tentative approval by the Planning Commission, stating fully and clearly all facts relied upon by the proprietor and shall be supplemented with maps, plans, or other additional data which may aid the Planning Commission and the Township Board of Trustees in their analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. The Planning Commission shall submit a report thereon to the Township Board of Trustees as set forth in § 12-44 herein.
The Township Board of Trustees shall have the authority for
granting variances to this chapter.
