(A) The Zoning Board of Appeals shall not vary the requirements and regulations of this chapter unless evidence is presented that proves that all of the following three situations exist.
(1) The land in question is of such shape or size, or is affected by such physical conditions or is subject to such title limitations or record, that it is impossible or impractical for the applicant to comply with all of the requirements of this chapter; financial concerns shall not be a consideration for this standard.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(3) The granting of the variance will not be detrimental to the public welfare, environment, or injurious to other property in the vicinity of the subject’s property.
(B) (1) The Zoning Board of Appeals shall hold a public hearing on each application for variance on the next regularly scheduled Zoning Board of Appeals meeting , but not more than 60 days after the application for a variance is received by the Zoning and Building Director, or his or her designee.
(2) Within 60 days after the public hearing, the Zoning Board of Appeals shall approve the variance with the conditions it deems necessary, disapprove the variance, or take other such action as appropriate.
(Ord. passed - -)