A. After acceptance by the zoning administrator or his designee, the completed application shall be transmitted to the staff of the board of adjustment for their review and evaluation and shall set a hearing date, publish notice thereof as provided for in this title and notify all parties of interest. Public notice of the hearing shall be placed in a newspaper of general circulation in the community at least fifteen days prior to the date of the hearing.

B. Written notice shall be mailed to all property owners within one hundred fifty feet of the subject property at least fifteen days prior to the said hearing. Where the subject property abuts a public right-of-way, the one hundred fifty feet measurement shall be in addition to this right-of-way along the abutting side.

C. Findings are required to be made by the board for approval of a variance. No variance shall be granted unless the board finds all the following conditions are met or found to be not pertinent to the particular case:

1. Strict compliance with the provisions of this title will:

a. Limit the reasonable use of the property, and

b. Deprive the applicant of rights enjoyed by other properties similarly situated in the same district.

2. The hardship is the result of lot size, shape, topography or other circumstances over which the applicant has no control.

3. The hardship is peculiar to the applicant property.

4. The hardship was not created by the applicant.

5. The hardship is not economic (when a reasonable or viable alternative exists).

6. Granting of the variance will not adversely affect the neighboring properties or the public.

7. The variance requested is the minimum variance which will alleviate the hardship.

8. Granting the variance will not confer a special privilege that is denied other similar properties in the same district.

D. Every decision of the board of adjustment shall be made by motion and shall be based upon "findings of fact" and every finding of fact shall be supported in the record of its proceedings. The enumerated conditions required to grant a variance under this title shall be construed as limitations on the power of the board to act. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific fact shall not be deemed in compliance with this title.

E. In approving a variance, the board may impose such conditions as are, in its judgment, necessary to promote the general provisions of this title.

F. It shall take the affirmative vote of four members of the board to grant a variance.

G. A hearing may be continued at the request of the applicant or upon motion of the board, provided however, that the granting of a continuance is a matter of grace, resting solely in the discretion of the board, and a refusal to continue is not a denial of a right, conditional or otherwise.

H. Decision on continuance of a hearing can be reached by a simple majority, but must be made prior to voting on the application itself.

I. A variance shall be valid indefinitely, provided it is excised within one year of the date of issuance, or as otherwise provided for by the board of adjustment.

J. The board of adjustment shall act upon any application for a variance within sixty days of the date of filing with the zoning administrator. Failure of the board to act within this timeframe shall constitute approval of the application.

K. A request may be reheard only when there has been a manifest error affecting the board’s decision or it appears that a substantial change in facts, evidence, or conditions has occurred. Such determination shall be made by the zoning administrator within sixty days of final action by the board.

L. Any person aggrieved by a decision of the board of adjustment may file an appeal with a court of competent jurisdiction within thirty days of the filing of the decision by the board. (Ord. 544 § 1, 1991; Ord. 523 § 1(part), 1989)