The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this code as will not be contrary to the public interest according to the following procedures:
(a) Application requirements.
(1) An application for a variance shall be filed with the Zoning Inspector for review by the Board of Zoning Appeals upon the forms promulgated and provided by the Board, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
A. Name, address and phone number of applicant(s);
B. Proof of ownership, legal interest or written authority;
C. Description of property or portion thereof;
D. Description or nature of variance requested;
E. Narrative statements establishing and substantiating the justification for the variance pursuant to § 1264.05(b);
F. Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
G. Payment of the application fee as set forth by § 1264.11;
H. Any other documents deemed necessary by the Zoning Inspector.
(2) The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to adequately review and evaluate the request for a variance.
(b) Review by the Board. According to the procedures established for appeals in § 1264.03(a)(2), the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this code and evidence demonstrates that the literal enforcement of this code will result in practical difficulty or unnecessary hardship, depending upon the type of variance sought.
(Ord. 08-O-37, passed 12-1-2008)