(A) A variance from the terms of this chapter shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Inspector who shall transmit the application to the Board of Zoning Appeals, containing:
(1) Name, address, and phone number of applicants;
(2) Legal description of property and/or address;
(3) Description of the nature of the variance requested;
(4) A narrative statement demonstrating that the requested variance conforms, beyond a reasonable doubt, 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. The applicant shall demonstrate situations where exceptional narrowness, shallowness, unusual shape, exceptional topographic conditions, or other extraordinary conditions or situations related to the specific piece of property in question involve practical difficulties in complying with the requirements of this chapter that causes an undue hardship;
(b) That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(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 chapter to other lands, structures, or buildings in the same district and that the variance will not be of substantial detriment to adjacent property; and
(e) That the condition or situation related to the specific piece of property is not of so general or recurrent a nature that the formulation of a general regulation for the condition or situation would be practicable.
(5) A fee as established by Council; and
(6) A list containing the name and mailing address of all owners of property within 200 feet of the property in question.
(Ord. 21-1996, passed 4-9-1996)
(B) A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by this section have been met by the applicant.
(Ord. 6-1993, passed 3-8-93)