(A) General requirements. Where the Town Council finds that extraordinary hardships or practical difficulties may result from strict compliance with this title, or the purposes of this title may be served to a greater extent by an alternative proposal, it may approve variances to this title so that substantial justice may be done and the public interest secured, if such variance does not have the effect of nullifying the intent and purpose of this title. The Town Council shall not approve variances unless it finds, based upon the evidence presented to it in each specific case, that:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this title is carried out; or
(4) The variances will not in any manner vary the provisions of the zoning ordinance, master plan or official map.
(B) Conditions. In approving variances, the Town Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this title.
(C) Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Town Council. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Prior Code, § 12-1-8)