(A) The Planning Commission may recommend an exception to the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance. In granting an exception, the Commission shall prescribe any conditions that it deems necessary to or desirable for the protection of the public interest. In making its findings, as required herein below, the Planning 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 who reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
(B) No exception shall be granted unless the Planning 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 land. Metes and Bounds divisions of scattered sites is permitted at the discretion of the Planning Commission and must be consistent with other property divisions in the area;
(2) The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(3) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
(Ord. passed 12-11-1979)