4.6.D.2 Action by the Board of Zoning Adjustments

a.  The Board of Zoning Adjustments shall conduct a public hearing in accordance with Section 3.4 forty-five (45) days from the date the application is docketed. Notice for the public hearing is required in accordance with Section 3.3.

b.  Based upon the evidence presented at the public hearing, the Board of Zoning Adjustments shall evaluate the application against the standards in Paragraph F below.

c.  The Board of Zoning Adjustments may approve, approve with modifications, deny, or defer. No application may be deferred for longer than a total of 180 days, including all individual deferrals of shorter time periods. Any item deferred for longer than 180 days will be deemed denied for deferral past deadline. The failure to resolve a finding of incomplete or inaccurate information may be grounds for denial at any time.

d.  The decision shall be filed in the office of the Board of Zoning Adjustments within ten (10) days of the vote. Within ten (10) days of the effective date of the decision, written notification of such action shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established.

Ord. No. 27,222, §2, Dec. 20, 2016, Zoning Docket 99/16; Ord. No 30567 MCS, March 20, 2026, Zoning Docket 049-25;