§ 5. VARIANCES.

The Board of Aldermen may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Board of Aldermen shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the Board of Aldermen shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. The Planning Commission shall first review the request for a variance and make a written recommendation to the Board of Aldermen. No variance shall be granted unless the Board of Aldermen finds:

A.

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land; and

B.

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

C.

That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and

D.

That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance. Such findings of the Board of Aldermen together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board of Aldermen meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.