(A) (1) The Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance.
(2) In granting any variance, the Commission shall prescribe only conditions that it deems necessary to, or desirable for, the public interest. In making its findings, as required in division (B) below, the Commission 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.
(B) No variance shall be granted unless the Commission 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 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; and
(4) The granting of the variance will not have the effect of nullifying the intent and purpose of the comprehensive plan, the zoning ordinance, or these regulations.
(Prior Code, § 151.085)