The Zoning Board of Appeals may authorize a variance from the terms of this Ordinance which shall not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.
A variance shall not be granted unless the Board makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant. No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
(a) Application and Standards for Variances.
Except as otherwise permitted in this Ordinance, a variance from the terms of this Zoning Ordinance shall not be granted by the Zoning Board of Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Zoning Board of Appeals. At a minimum, the application shall include:
(1) Name, address, and phone number of applicant(s).
(2) Legal description of property.
(3) Description of nature of variance requested.
(4) A list of all property owners and their addresses who are within 200' of the affected property, contiguous to, or directly across the street and on either side of the properties across the street, and may have interest in the variance.
(5) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That 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. That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.
C. That special conditions and circumstances do not result from the actions of the applicant.
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district.