(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 Administrator and the Board of Zoning Appeals containing:
(1) Name, address and phone number of applicant;
(2) Any application filed by any person other than the legal owner of the real estate involved shall be accompanied by a written statement of such legal owner consenting to the filing of such application;
(3) Legal description of property;
(4) Description of nature of variance requested; and
(5) A narrative statement demonstrating that the requested variance conforms to each of the following standards:
(a) 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) 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) Special conditions and circumstances do not result from the action of the applicant; and
(d) 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.
(B) There shall accompany such application for a variance a verified statement (affidavit) by the applicant that adjoining property owners were notified in writing at least 15 days prior to the date of the public hearing of such application as required by § 156.137 of this chapter.
(C) Any applicant shall furnish a verified proof (affidavit) of at least one publication of a notice in at least one newspaper having general circulation within the town consistent with the requirements of § 156.136 of this chapter.
(D) The cost of legal advertising any required notice to affected property owners shall be borne by the petitioners.
(2004 Code, § 4-305)