Application for variance shall be made to the Director of Finance in writing on a form prescribed by the Planning Commission and shall be accompanied by a fee, to be fixed by resolution of the City Council, plus costs, no part of which shall be returnable to the applicant, and by statements, plans and other evidence showing:
(A) 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 other land, buildings or uses in the district;
(B) The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and
(C) 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.
(`61 Code, § 25.15.3) (Ord. 915, passed 6-20-2000)