The town council may allow a departure from the development standards contained in this ordinance upon recommendation by the planning and zoning commission, after a public hearing. A variance shall not be authorized unless the town council finds, upon sufficient evidence, that:
A. Special Circumstances: There are special circumstances or conditions applying to the property referred to in the application; and
B. Preexisting: Such special circumstances or conditions are preexisting and not created by the property owner or applicant; and
C. Necessity: The authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and
D. Materially Detrimental: The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity of the property, to the neighborhood, or the public welfare in general. (Ord. 09-315, 4-28-2009)