The Planning Board may authorize a variance from these regulations for major and minor plats when, in its opinion, undue hardship may result from strict compliance. Application forms may be obtained from the Planning Department. In granting any variance, the 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. The applicant can appeal the decision of the Planning Board to the Board of Commissioners in an un-zoned area. No variance shall be granted unless the Board finds all the following:
(A) 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 or her land;
(B) That the variance is necessary for the property owner to assume reasonable use of the land;
(C) That the circumstances giving the 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;
(D) Special consideration may be granted by the Planning Board in situations involving a voluntary or court-ordered partition of land made for the purpose of dividing the estate of a decedent among his or her heirs, whether the decedent died testate or intestate.
(Ord. passed 6-7-2021)