A. The planning and zoning commission may recommend and the governing body may authorize a variance from this title when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the governing body shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings required herein, the planning and zoning commission and governing body shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.
B. No variance shall be granted unless it is found that:
1. There are special circumstances or conditions, including unique topography, affecting the land involved such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land;
2. The variance is necessary for the preservation and enjoyment of the legal property rights of its owner;
3. The purposes and intent of this title are observed;
4. There is no increase in the flood hazard or flood damage potential;
5. The granting of the variance will not be detrimental to the public health, safety or welfare or injurious to the legal rights to other property in the area; and
6. The granting of the variance will not prevent the orderly subdivision of other land in the area in accordance with the provisions of this title. Such findings, together with the specific facts upon which such findings are based shall be incorporated into the official minutes of the governing body's meeting at which such variance is granted. A variance may be granted only when in harmony with the general purpose and intent of this title so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the subdivider, standing alone, shall not constitute undue hardship. (Ord. 90-02, 6-5-1990)