In approving applications of appeal or modifications, the Board shall designate such lawful conditions as will secure substantial protection for the public health, safety, and general welfare; and shall find as follows:
(A) Consistent with intent and purpose. Such modifications will be consistent with the intent and purpose of this chapter and/or any adopted growth policy;
(B) Unnecessary hardship. Strict compliance with the provisions of this chapter would create unnecessary hardship or unreasonable situation on a particular property due to unusual or extreme topography, unusual shape of the property, or the prevalence of similar conditions in the immediate vicinity of the property;
(C) Minimal adverse effect. Such modifications will have minimal adverse effects on abutting properties or the permitted uses thereof; and
(D) Additional conditions for approval. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare, which provisions may include:
(1) A time period within which the proposed structures shall be erected;
(2) Requiring landscaping and maintenance thereof;
(3) Requiring the surfacing and marking of off-street parking and loading areas; and
(4) Any other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this subchapter.
(2015 Code, § 11-24-6) (Ord. 454, passed 6-19-2000)