(B) In considering the application, the Zoning Board of Adjustment shall review the application materials, the approval criteria of Section 3.20.5, and all testimony and evidence received at the hearing.
Variances
(C) After conducting the hearing, the Zoning Board of Adjustment may: deny the application; conduct an additional hearing on the application; or grant the requested variance.
(D) In granting any variance, the Zoning Board of Adjustment may attach such conditions to the approval as it deems necessary and appropriate to satisfy the criteria set forth in Section 3.20.5, to reduce or minimize any injurious effect of such variance upon other property in the neighborhood, and to ensure compliance with other terms of this Ordinance provided such conditions are reasonably related to the variance.
(E) Under no circumstances shall the Zoning Board of Adjustment grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Ordinance for the zone district containing the property for which the variance is sought.
(F) Under no circumstances shall the Board of Adjustment grant a variance from any written conditions attached to approval of a Special Use (Section 3.8). Development standards for development plans (Section 3.9) that were approved by Town Council or through a quasi-judicial process but could, by current standards, be approved administratively may be eligible for a variance.
(G) The Zoning Board of Adjustment's decision shall be based upon competent, material, and substantial evidence in the record. The decision shall be reduced to writing and reflect the Board's determination of contested facts and their application to the approval criteria of Section 3.20.5. The written decision shall be approved by the Board and signed by the Chair of the Board or his designee. The decision is effective upon filing the written decision with the Planning Department.
(H) The decision shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.