The Township Zoning Board of Appeals ("Board") may vary or modify particular provisions of this chapter in a given circumstance if it determines that the literal enforcement of this chapter would cause unnecessary hardship in a given case or circumstance.
The Board shall not vary or modify any provisions of this chapter unless the Board makes all of the following findings:
A.
That the enforcement of this chapter would unnecessarily prevent the reasonable use of the land, dock(s), marine storage device(s), mooring(s) or vessel(s) involved without resulting benefit to the public health, safety and welfare.
B.
That varying or modifying the provisions of this chapter for the particular instance would not unduly prevent the realization of the legislative purposes of this chapter as set forth herein.
C.
That varying or modifying the provisions of this chapter for the particular instance would not cause substantial harm or detriment to adjacent or nearby lands or vessels or the public interest or safety, nor be contrary to the intent or purposes of this chapter.
D.
Those highly unusual circumstances are involved.
Upon the making of the findings set forth above, the Board may modify or vary a particular provision or provisions of this chapter for a given property. The Board may modify or vary a provision of this chapter only upon a concurring vote of a majority of its members. In granting any such variance or modification, the Board shall include in its minutes the reasons or grounds for its decision. The Board may attach reasonable conditions to the granting of a variance or modification, including but not limited to an expiration date.
A variance or modification application shall be considered only at a public hearing of the Board. Public notice of a meeting of said Board shall be given by publication in a newspaper of general circulation in the Township not less than five days nor more than 15 days before the date of said meeting. At least 10 days before the hearing, written notification of the hearing shall also be sent to all property owners within 300 feet of the property for which a variance or modification is being sought. The Township shall also give at least 10 days' prior written notice of such hearing to any lake or property owners' association for the lake involved if such association has provided its address to the Township beforehand.