(A) The Planning and Zoning Commission may grant a variance from the strict application of area, height, dimension, distance, setback off-street parking and off-street loading requirements of this chapter owing to conditions peculiar to the property and not the result of actions of the applicant where the strict application of the requirements of this chapter would result in unnecessary or undue hardship that would deprive the owner of the reasonable use of land or building, so long as such variance is not contrary to the public interest.
(B) A request for a variance shall be submitted to the Planning and Zoning Commission through the Zoning Administrator on prescribed application forms. The Planning and Zoning Commission shall approve or disapprove the variance request at 1 of its regular meetings, or at a special hearing if necessary. Public notice shall be given in a newspaper of general circulation in the area at least 15 days prior to the date of the meeting. The City Clerk shall cause a copy of the variance application to be sent by registered mail return receipt requested to the owners of property within 100 feet excluding public right-of-way of the property for which the variance is sought and that such mailing was made not less than 15 days prior to the date of hearing before the Planning and Zoning Commission at which the variance application is considered.
(C) The Planning and Zoning Commission may attach any conditions to the grant of a variance in order to assure that the requested variance:
(1) Will cause no significant hazard, annoyance or inconvenience to the owners or occupants of nearby property;
(2) Will not significantly change the character of the neighborhood or reduce the value of nearby property;
(3) Will not impose any significant cost burden upon the town; and
(4) Will be in harmony with the general purpose and intent of this chapter.
(Ord. 558, passed 12-8-1986)