Sec. 15.4.

A.

The Board of Appeals shall have the power to authorize variances from the strict application of requirements contained in this Ordinance.

B.

A variance shall not be granted by the Board of Appeals unless evidence is submitted demonstrating that all of the following standards of approval are met:

(1)

That special conditions and circumstances exist which are peculiar to the land, building or structure involved and which are not applicable to other lands, buildings or structures in the neighborhood or same zoning district.

(2)

The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the neighborhood or same zoning district.

(3)

That the special conditions and circumstances do not result from actions of the applicant, financial consideration alone shall not be grounds for granting a variance.

(4)

That granting of a variance will not confer on the applicant any special privilege that is denied by this Ordinance to other land, buildings, or structures in the same zoning district.

(5)

That the granting of the variance will be in harmony with the intent of this Ordinance and will not be injurious to the neighborhood, or otherwise be detrimental to the public interest.

C.

A non-conforming use of land, building or structure, whether legally non-conforming or not, shall not solely constitute grounds for granting of a variance.

D.

The Board of Appeals shall, when granting any variance, determine the variance is the minimum that will make possible the reasonable use of land, building or structure. To this end, the Board of Appeals may grant a lesser variance than that requested by the applicant, provided that the lesser variance also meets the standards of [sub]section[s] 15.4 B.(1)—(5) [300.1504 B.(1)—(5)].

E.

In granting any variance or any other ruling, the Board of Appeals may prescribe reasonable conditions and safeguards necessary to meet the intent of this Ordinance and ensure proper protection of adjoining properties and the neighborhood.

F.

Findings of Fact:

(1)

The minutes of the Board of Appeals shall record all relevant findings of fact, conditions, and other relevant factors, including the vote of each member upon each question.

(2)

To this end, the Board of Appeals shall prepare an official record for all appeals and base its decision on this record. The official record shall include the following items as a minimum:

(a)

The minutes of each meeting.

(b)

The application for appeal or variance.

(c)

Such documents, exhibits, photographs or written reports as may be submitted to the Board of Appeals for consideration.

(d)

A written record of findings of the Board of Appeals, in resolution form, stating the facts of the appeal, the decision, any conditions of the decision and the reasons for reaching the decision, including compliance with standards of [sub]section[s] 15.4 B.(1)—(5) [300.1504 B.(1)—(5)].

G.

The Board of Appeals shall decide upon all matters within a reasonable time, not to exceed 30 days from the close of the public hearing. The Board of Appeals may adjourn any hearing to a specific date, time and place for any reason.

H.

Decisions of the Board of Appeals shall become effective five days after the decision is reached, unless the Board shall find it necessary to give immediate effect to preserve a substantial property right and so certify in the record.