§ 15-32. Variances

(a) The town council may, on the recommendation of the planning and zoning commission, authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the town council 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 variance shall be granted unless the town council finds:

(1) 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 land.

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

(3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(Ord. of 9-15-81, § 206)