(A) The Planning Board or Town Board of Aldermen may authorize relief from these regulations when, in its opinion, undue hardship may result from strict compliance.
(B) In granting relief, the Planning Board or Town Board of Aldermen shall make the findings required herein, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, 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 relief shall be granted unless it is found that:
(1) There are special circumstances or conditions affecting the property so 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 variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(3) The circumstances giving rise to the need for the variance are peculiar to the subdivision and are not generally characteristic of other subdivisions in the territorial jurisdiction of this chapter; and
(4) The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which the property is situated.
(Ord. passed 1-16-2001)