Where the subdivider can show that a provision of this subchapter would cause unnecessary hardship if strictly adhered to, or where strict adherence to the ordinance would not substantially serve the public health, safety, and welfare, or be otherwise be a substantial public utility, and where, in the opinion of the relevant town regulatory authorities (Planning and Zoning Board, Board of Zoning Appeals and Town Council), because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Town Council may authorize a variance upon recommendation of the BZA. Any variance thus authorized is required to be entered in writing in the minutes of the Town Council and the findings of fact on which the departure was justified shall be set forth.
(Ord. 07-01, adopted 5-5-2007, updated 5- -2009, § 3.112)