(A) Generally. The Council may grant a variance from these regulations following a finding that all of the following conditions exist.
(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 their land.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
(B) Considerations in granting variances. In making this finding, the Council shall consider the nature of the proposed use of land and 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. In granting a variance herein provided, the Council shall prescribe only conditions that it deems desirable or necessary to the public interest.
(Ord. 232, passed 11-1-2000)