(A) The Board of Adjustment shall hold a public hearing on an application no later than 45 days after a complete application has been filed with the Zoning Administrator. The application shall be received by the Board of Adjustment at least 15 days prior to the next regularly scheduled meeting of the Board to be considered at that meeting. The Board of Adjustment shall decide on the matter which was presented at the public hearing within 31 days of the close of the public hearing.
(B) The concurrent vote of four-fifths of the voting members of the Board of Adjustment shall be necessary to make an interpretation of this chapter, reverse any order, requirement, decision or determination of the Zoning Administrator, approve a variance, allow for a change or expansion of a non- conformity, approve a temporary use extension, grant a special exception, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to recommend approval on a major variance applications involving property located in a Water Supply Watershed District. In all matters coming before the Board of Adjustment, the applicant shall have the burden of providing clear, competent and material evidence in support of the application.
(C) (1) All decisions on variances, except major variances involving property located within a Water Supply Watershed District, by the Board of Adjustment shall be in writing and filed with the Zoning Administrator. A written copy of decisions on variances, except those involving major variances related to property located within a Water Supply Watershed Overlay District shall be sent by first class mail to the applicant within five working days of the date of decision of the Board of Adjustment. If the Board of Adjustment makes a favorable recommendation on a major variance involving property located within a Water Supply Watershed District, with or without additional conditions or safeguards, the Zoning Administrator shall forward the application and the preliminary record as requested herein to the Environmental Management Commission for its review and decision.
(2) If the Board of Adjustment recommends that an application for a major variance involving property located within a Water Supply Watershed District should be denied, then the application shall not be forwarded to the Environmental Management Commission, and shall be considered denied by the Board of Adjustment. The Zoning Administrator shall send a written notice of the denial by first class mail to the applicant within five working days of the Board’s decision.
(Ord. passed - -, § 12.12)