(A) In granting any variance, the Planning Board or County Board of Commissioners shall make the findings required below, taking into account the nature of the proposed subdivision and its surrounding area, the existing use of the land in the vicinity, the number of persons to reside or work in the proposed subdivision, the probable affect of the proposed subdivision upon traffic conditions in the vicinity, public services available to the subdivision (fire, rescue squad, public utilities, and the like), and other health and safety factors which may have an affect upon the subdivision and the property owners and residents therein.
(B) The variance shall be denied unless the County Planning Board or County Commissioners shall find from the evidence:
(1) That there are special circumstances or conditions affecting the property such that the strict application of the provisions of these regulations would deprive the applicant of the reasonable use of his or her land;
(2) That the variances are necessary for the preservation and enjoyment of a substantial property right of the applicant;
(3) That the circumstances giving rise to the need of the variance are peculiar to this parcel of land (its location, size, history of development, or relationship to surrounding properties, easement, and the like) and are not generally characteristics of other parcels in the jurisdiction of these regulations; and
(4) That the granting of the variance 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.
(1996 Code, § 154.62) (Ord. passed 3-21-1994)