(A) The County Board of Commissioners may, on recommendation from the Planning Board, authorize a variance from these regulations when, in its opinion, unnecessary hardship may result from strict compliance. In granting any variance, the Board of Commissioners shall consider 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. Appropriate conditions may be imposed on a subdivision variance, provided that the conditions are reasonably related to the variance. A concurring vote of four-fifths of the Board shall be necessary to grant a variance.
(B) No variance shall be granted unless the County Board of Commissioners finds:
(1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured and substantial justice is achieved.
(Ord. passed 4-17-1989; Ord. 15-01, passed - - )