§ 26-92-080. Same—Findings of the board of zoning adjustments—Conditions.

(a)

In order to grant any use permit, the findings of the board of zoning adjustments shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or to the general welfare of the area.

The board of zoning adjustments may designate such conditions in accordance with the use permit, as it deems necessary to secure the purposes of this chapter and may require such guarantees and evidence that such conditions are being or will be complied with.

(b)

Subject to the right of appeal as provided in this chapter, the decision of the board of zoning adjustments shall be final ten (10) days after the board of zoning adjustments renders its decision.

(c)

Written findings shall be made in connection with applications for minimarts in which beer or wine is proposed to be sold. The findings shall be based on substantial evidence in view of the whole record to justify the decision of the board.

(Ord. No. 5537 § 2(e), 2004: Ord. No. 4643, 1993.)