The Commission may authorize a variance from these regulations when, in its opinion undue hardship will result from requiring strict compliance. A variance includes an adjustment, offset, credit or waiver of any dedication, construction, or payment requirements where the requirement places an unreasonable burden on the development or does not bear a rough proportionality to the requirements necessary to serve the development. In granting a variance, the Commission may prescribe conditions that it deems necessary to or desirable in the public interest. In making the findings required in this subchapter, the Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Commission finds:
(A) The requirement places an unreasonable burden on the development and does not bear a rough proportionality to the requirements necessary to serve the development; or
(B) That there are special circumstances or conditions affecting the land such that the strict application of the provisions of this chapter would deprive the developer of the reasonable use of his or her land; and that the variance is necessary for the preservation and enjoyment of a substantial property right of the developer; and that the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and that the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter.
(Ord. 353, passed 7-10-2013)