§ 25.55. Standards for Judging Appeals and Variances.  


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  • In consideration of all appeals and proposed variations of this Ordinance, the zoning board of appeals shall, before making any variation from this Ordinance, in a specific case, first determine that the proposed variation affirmatively meets all of the following general standards:

    A.

    A practical difficulty and/or unnecessary hardship exists according to the standards of this Article.

    B.

    The proposed variation involves exceptional circumstances not found in other areas of the same zoning district.

    C.

    The proposed variation will be in harmony with the general purposes and intent of this Ordinance.

    D.

    The proposed variation will not in any respect impair the public health, safety, comfort, or welfare of the inhabitants of the city.

    E.

    The proposed use will be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

    F.

    The proposed use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the distance involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contact.

    G.

    The location, size, intensity, site layout and periods of operation of such proposed use will be designed to eliminate any possible nuisances emanating therefrom, which nuisance might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights.

    H.

    The location and height of buildings or structures and the location, nature, and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.