An application for a variance must be on a form as supplied by the administrator and contain the information stated thereon as well as the application requirements provided in accordance with Title 16A. The application must be accompanied by a detailed site plan and a fee as established by resolution.

The hearing examiner will approve a variance only when all of the following is found, which shall be incorporated into written findings:

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts, will be considered grounds for the issuance of a variance. The hearing examiner shall not grant a variance under any circumstances to allow a use not permissible under the terms of this title in the district involved, or any use expressly, or by implication, prohibited by the terms of this title in the district. The approval of any variance may be subject to conditions of approval. The hearing examiner may prescribe a time limit within which the action for which the variance is granted must be begun or completed, or both. Failure to begin, complete, or both, within the time limit shall void the variance. The time limits may be extended by the hearing examiner for good cause.