(A) Variance for hardship. The governing body may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance and provided the variance does not pertain to requirements of the Zoning Ordinances. In granting any variance, the governing body shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the governing body shall take into account the nature of the proposed use of land and 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. No variance shall be granted unless the governing body or Commission finds:
(1) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his/her land.
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
(B) Variance for complete community. The governing body may authorize a variance from these regulations in case of a plat request for a planned unit development where such development is permitted by the Zoning Ordinances.
(Ord. 492, passed 3-17-75)