1197.05 APPLICATION AND STANDARDS FOR VARIANCES.
   (a)   A variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application filed by the property owner and/or his authorized agent for a variance is submitted to the Zoning Inspector and the Board containing:
      (1)   The name, address and phone number of the applicant;
      (2)   The legal description of property;
      (3)   A description of the nature of variance requested;
      (4)   A narrative statement demonstrating that the requested variance conforms to the following standards:
         A.   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
         B.   That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance;
         C.   That special conditions and circumstances do not result from the actions of the applicant;
         D.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district.
   (b)   Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in the district. (Ord. 147-2018. Passed 7-2-18.)