(A) The Board of Adjustment may authorize an exception from these regulations when, in its opinion, undue hardship may result from strict compliance.
(B) In granting any exception, the Board of Adjustment shall hold a quasi-judicial public hearing. The Board of Adjustment shall take into account the nature of the proposed subdivision, the existing use of land in the vicinity, the existing environmental conditions, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
(C) No exceptions shall be granted unless the Board of Adjustment finds:
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The circumstances are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this chapter; and
(3) The granting of the exception will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which the property is situated.
(D) Any exception authorized by this ordinance is required to be entered in writing in the minutes of the meeting of the Planning Board and recorded on the final plat in the Office of the Register of Deeds of the county.
(E) Board of Adjustment decisions pertaining to subdivision exceptions shall be subject to review by the Superior Court Division of the General Courts of Justice of the state by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be duly verified and filed with the Clerk of Superior Court within 30 days after the decision is made and in writing.
(Ord. passed 5-17-2007)