The procedure for the consideration of petitions for variances shall be:
(a) The Board of Zoning Appeals shall make a finding that the reasons set forth in the application are valid and justify the granting of the variance. The Board shall also determine if the variance is the minimum variance that will make possible the reasonable use of land, building or structure.
(b) Under no circumstances shall the Board of Zoning Appeals grant a variance which will permit a use which is not permitted in the district involved.
(c) Conditions: The Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance and the recommendation of the Planning Commission. The Board of Zoning Appeals shall require a bond or irrevocable letter of credit to assure conformance to such conditions and safeguards as the Board may require.
(d) Violation of such conditions and safeguards when such are made a part of the terms under which a variance is granted, shall cause the bond mentioned in 1173.13.1(c) above to be forfeited and shall be deemed in violation of this Zoning Ordinance and punishable under Section 1169.99 of this Zoning Ordinance.
(e) Public Hearings: Prior to taking action on a request for a variance the Board of Zoning Appeals shall hold a public hearing and give notice to property owners as required in Section 1173.09 of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)