§ 158.39  VARIANCES.
   (A)   The Commission and Council may authorize a variance from these regulations when, in their opinion, undue hardship will result from requiring strict compliance. The approval of the variance by both the Commission and the Council is required. Pecuniary hardship to the developer, standing alone, does not constitute undue hardship.
   (B)   (1)   The Commission and the Council must make certain findings before they can grant a variance. In making these findings, they 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. No variance shall be granted unless they find that:
         (a)   There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the developer of the reasonable use of his or her land;
         (b)   The variance is necessary for the preservation and enjoyment of a substantial property right of the developer;
         (c)   The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
         (d)   The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter.
      (2)   Such findings, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Commission and Council meetings at which such variance is granted.
      (3)   Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare are secured and substantial justice done.
      (4)   In granting variances, the Commission and Council shall require such conditions as will, in their judgment, secure substantially the objectives of the standards or requirements so varied, and the variance granted shall be the minimum necessary to correct the situation.
(2012 Code, § 77-60)