(a) In General. To authorize a variance from the terms of this Zoning Code, and to grant a conditional use, similar use, or changed nonconforming use, the Board of Zoning Appeals must determine the following:
(1) That the granting of the variance will not be contrary to the general purpose, intent, and objective of this Zoning Code;
(2) That the granting of the variance will not be detrimental to the public health, safety, moral and general welfare;
(3) That the granting of the variance will not harmfully affect the property or rights of adjacent property owners or future development of the neighborhood in which the variance is requested; and
(4) That the reasons for requesting the variance more than outweigh the reason for holding to the strict letter of this Zoning Code.
(b) Failure to Comply With Terms and Conditions. A written complaint by a public official or private citizen can be filed with the Building Inspector concerning the breach of any terms, conditions, or provisions required by the Board of Zoning Appeals in the granting of any variance, conditional use, similar use, or changed nonconforming use. The Board of Zoning Appeals shall hold a public meeting after giving the user ten days written notice of such complaint, as well as the date, time, and place of the hearing, and a copy of this section of this Zoning Code. If the Board determines at the meeting that the user has substantially failed and neglected to comply with the terms and conditions set, then such use under the variance, conditional use, similar use, or changed nonconforming use shall cease and be forfeited, and any future use shall be unlawful under this chapter. The person aggrieved by such determination of the Board shall have the right to appeal to the courts.
(Ord. 73-94. Passed 10-4-94.)