No variance shall be granted by the Board of Zoning Appeals without consideration and resolve of the following standards.
(A) Burden of proof. In requests for variances, the burden of all required proofs shall be on the applicant.
(B) Appropriate request. Prior to approving any requested variance, the Zoning Appeals Board shall make a determination that the reasons set forth in the application are valid and do justify the granting of the variance.
(C) Minimal deviation. The Board shall also determine if the variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure. The Board's minutes shall include the basis on which the Board justifies the granting of any variance.
(D) Use variances not allowed. Under no circumstances shall the Board of Zoning Appeals grant a variance which will permit a use which is not permitted in the district in which the property is located.
(E) Preemptive variances. Under no circumstances shall the Board of Zoning Appeals grant a preemptive variance.
(Ord. O-2019-24, passed 9-9-2019)