The planning commission shall consider variances to the terms of this title which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the title will result in unnecessary hardship and under such conditions that the spirit of the title shall be observed and substantial justice done. In acting upon such variance the planning commission shall make a full investigation and shall hold a public hearing, as specified in this title and shall only grant a variance upon finding that the following are true:

1. The granting of the variance will not be in conflict with the spirit and intent of the comprehensive general plan for the city, and will not effect a change in zoning.
   
2. That there are exceptional or extraordinary circumstances or conditions, applicable to the property involved, or the intended use thereof, which do not apply generally to the property or class of use in the district, so that a denial of the relief sought will result in:
   
   1. Undue loss in value of the property;
      
   2. Inability to preserve the property rights of the owner;
      
   3. The prevention of reasonable enjoyment of any property right of the owner.
      
3. The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property owners, or the quiet enjoyment of such property or improvement.

(Ord. 223 Ch. 3 § 3(A)(1), 1978)

The planning commission shall consider variances to the terms of this title which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the title will result in unnecessary hardship and under such conditions that the spirit of the title shall be observed and substantial justice done. In acting upon such variance the planning commission shall make a full investigation and shall hold a public hearing, as specified in this title and shall only grant a variance upon finding that the following are true:

1. The granting of the variance will not be in conflict with the spirit and intent of the comprehensive general plan for the city, and will not effect a change in zoning.
   
2. That there are exceptional or extraordinary circumstances or conditions, applicable to the property involved, or the intended use thereof, which do not apply generally to the property or class of use in the district, so that a denial of the relief sought will result in:
   
   1. Undue loss in value of the property;
      
   2. Inability to preserve the property rights of the owner;
      
   3. The prevention of reasonable enjoyment of any property right of the owner.
      
3. The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property owners, or the quiet enjoyment of such property or improvement.

(Ord. 223 Ch. 3 § 3(A)(1), 1978)

An application for a variance may be initiated by one or more property owners. Such application shall be filed with planning commission accompanied by such data and information necessary to assure the fullest presentation of facts.

(Ord. 223 Ch. 3 § 3(A)(2), 1978)

The planning and zoning commission shall hold at least one public hearing on each variance request after public notice by one publication has been given in a newspaper of general circulation indicating the time, place and purpose for the hearing at least fifteen days prior to such hearing.

(Ord. 223 Ch. 3 § 3(A)(4), 1978)

All property owners with property contiguous to the subject property must be notified by mail concerning the proposed variance and the time, place, and purpose of the public hearing to discuss the variance.

(Ord. 223 Ch. 3 § 3(A)(5), 1978)