The Planning Commission may authorize variances from the requirements of this Title where it can be shown that owing to special and unusual circumstances relating to a specific piece of property, strict application of this Title would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of the property for a purpose not authorized within the same zone in which the proposed use would be located. In granting variances, the Planning Commission may attach conditions which it finds necessary to protect the best interest of the surrounding property or vicinity and otherwise achieve the purpose of this Title. (Ord. 428, 8-6-79)

A variance may be granted only in the event that all of the following circumstances exist:

   A.   Exceptional or extraordinary circumstances apply only to the property which do not apply generally to other properties in the same zone or vicinity and which result from lot size or shape, topography or other circumstances over which the owner of the property, since the enactment of this Title, has no control.

   B.   The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the zone or vicinity possess.

   C.   There is a public need for the purpose to be achieved by the variance.

   D.   The public need is reasonably met by the variance.

   E.   The variance would not be materially detrimental to the purposes of this Title, or to property in the same zone or vicinity in which the property is located and the variance is in compliance with and is not a deviation from the Comprehensive Plan for the City.

   F.   The variance requested is the minimum variance which would alleviate the hardship. (Ord. 428, 8-6-79)

The procedure for taking action on an application for a variance shall be as follows:

   A.   A property owner may initiate a request for a variance by filing an application as provided in Chapter 12 of this Title.

   B.   Before the Planning Commission may act on a variance application, it shall hold a public hearing thereon, following the procedure prescribed in Chapter 12 of this Title. (Ord. 428, 8-6-79)

Authorization for a variance shall be void after one year unless substantial construction has taken place. However, the Planning Commission may extend authorization for a period not to exceed one additional year, on request. (Ord. 428, 8-6-79)