§ 50-67. Variances.

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 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. No variance shall be granted unless the planning board finds all four of the following conditions to exist:

(1)

That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3)

That 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 article.

(4)

That 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.

(Code 2003, § 22-84; Ord. No. 04-19, § 1(exh. A), 5-20-2004)