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)

   (A)   The application shall be in writing and filed with the Development Services Director, and may either be incorporated in, or be filed with, the copy of the notice of appeal filed with the Director.

   (B)   The application shall be addressed to the Board of Adjustment and shall state:

      (1)   The description of the lot, tract of land, building, or structure for which the variance is sought;

      (2)   The name or names of the owner or owners;

      (3)   The Code Administrator II has 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;

      (4)   The nature of the variance sought;

      (5)   The exceptional practical difficulty or exceptional and undue hardship to be overcome by a granting of the requested variance; and

      (6)   Such other information as the Board by rule shall require.

(Ord. 3639, passed - -2000)

   The Board of Adjustment shall provide by rule for the setting of applications for hearing, which rule shall provide for hearings to be held with reasonable promptness. If the Board fails to act on an application after three regular meetings of the Board, the Board shall be deemed to have granted the requested variance on the day of the third regular meeting date without conditions or modifications; provided, if the applicant requests or consents to a continuance of the hearing beyond such date, the preceding provisions in this sentence shall not apply.

(Ord. 3639, passed - -2000)

   If a variance is granted for use requiring construction, modification, or alteration of a building or structure for which a building permit is required, the right to such variance shall expire unless the required building permit is issued within six months after the variance is granted.

(Ord. 3639, passed - -2000)

   (A)   If the Board of Adjustment grants an application for a variance in a situation in which a building permit is required, such building permit may not be issued until the statutory period for appeal from the decision of the Board has expired.

   (B)   No building permit may be issued:

      (1)   While an application for a variance is pending before the Board; or

      (2)   In event the Board denies the application, unless the decision of the Board is reversed by a court.

(Ord. 3639, passed - -2000)