(A)
The Board of Adjustment, on recommendation of the Planning Board, may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Board of Adjustment, on recommendation of the Planning Board, shall make the findings required below, taking into account 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.
(B) No variances shall be granted unless the Board of Adjustment finds:
(1) 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 or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(3) The circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this chapter; and
(4) The granting of the variance will not be detrimental to the public health, safety, and welfare, or injurious to other property in the territory in which said property is situated.
(Prior Code, Ch. 12 Art. II § 205)