An application for a variance will be heard by the Board of Adjustment only if the application is made:
   (A)   After the appropriate officer or employee of the city shall have denied an application for a building permit or, as the case may be, for a certificate of occupancy in respect of the proposed use which is the subject of the application for a variance; and
   (B)   As an incident to an appeal from such a decision, as provided in Article 17 of this chapter.
(Ord. 3639, passed - -2000)