(A) Application for any adjustment permissible under the hardship provision in § 155.281(E) shall be made to the Zoning Administrator in the form of a written application for a permit to use the land or building or both, as set forth in the application. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or other buildings in other districts shall be considered ground for the issuance of a variance.
(B) The application shall present a statement and adequate evidence showing the following.
(1) That there are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply
generally to land, building, or uses in the same zoning classification, and that strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship is defined in the definition of variance in § 155.006.
(2) That the granting of the application is necessary for the preservation and employment of substantial property rights of the petitioner.
(3) That the reasons set forth in the application justify the granting of the variance.
(4) That the variance is the minimum variance that will make possible the reasonable use of land, building or structure.
(5) That the granting of the application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare, or injurious to property or improvements in the neighborhood.
(6) That the special conditions and circumstances do not result from the actions of the applicant.
(7) That granting the application 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.
(Ord. 221, passed 11-6-1995) Penalty, see § 10.99