(A) Evidence. Quality evidence must be in the hearing to support the Board’s final decision from an appeal, or application for variance or special use permit.
(1) Substantial, competent, and material facts/evidence is needed to support the Board’s findings.
(2) Hearsay. Hearsay is admissible; however, hearsay evidence cannot be the sole basis for a crucial findings of fact. Crucial findings of fact include those that are contested.
(3) Opinion testimony by expert. The Board is interested in fact not opinion, however, opinions offered by experts are an exception to this rule.
(B) Time. Decisions by the Board shall be made not more than 45 days from the time of hearing the case.
(C) Order. Written notice of the decision in a case shall be given to the applicant by the clerk in a reasonable amount of time following the decision. The final decision of the Board shall be shown on record of the case as entered into the minutes of the Board and signed by the chair or other duly authorized member of the Board. Such record shall show the reasons for the determination, with a summary of the evidence introduced and the findings of fact by the Board. Where a variance is granted, the record shall state in detail any exceptional difficulty or unnecessary hardship upon which the appeal was based and which the Board finds to exist. The decision may reverse or affirm, wholly or partly or modify the order, requirement, decision, or determination appealed from. Where a special use permit is granted, the record shall state in detail any facts supporting the findings required to be made prior to issuance of such permit. The record shall state in detail what, if any, conditions and safeguards are imposed by the Board in connection with the granting of the special use permit or variance.
(D) Expiration of permits. Unless otherwise specified, any order or decision of the Board granting a special use permit or a variance shall be perpetually binding upon the property unless subsequently changed or amended by the Board.
(E) Voting on hearings. The Board of Adjustment, by a vote of four-fifths of its members, may grant a variance from the provisions of this subchapter. A majority vote shall be required for all other matters before the Board.
(F) Public record of decision. The decisions of the Board, as filed in the minutes, shall be a public record, available for inspection at all reasonable times.
(Ord. passed 6-1-2015)