§ 154.08  LAND CONFIGURATION VARIANCES.
   (A)   If a lot, parcel or tract of land that will result from a division or property transfer does not meet the requirements of Chapter 153 of this code of ordinances as specified in § 154.06 (B) of this chapter, then the applicant may seek a variance from those zoning requirements from the Zoning Board of Appeals pursuant to the procedures of Chapter 153 of this code of ordinances.
   (B)   If a lot, parcel or tract of land that will result from a division does not meet the depth to width requirements of § 154.06(D) of this chapter, then the applicant may seek a variance from those requirements from the Zoning Board of Appeals pursuant to the procedures of this section.
   (C)   The Zoning Board of Appeals may grant a variance under this chapter from the depth to width requirement of § 154.06(D) of this chapter, if all of the following exist:
      (1)   Exceptional or extraordinary circumstances or conditions exist on the parent parcel, including exceptional topographic or physical conditions, that do not generally apply to other lots, parcels or tracts of land in the city;
      (2)   The exceptional or extraordinary circumstances or conditions existing on the parent parcel are not the result of any act or omission by the applicant or his or her predecessors in title;
      (3)   The granting of the variance shall not be injurious or otherwise detrimental to adjoining lots, parcels or tracts of land or to the general health, safety and general welfare of the city;
      (4)   The resulting lots, parcels or tracts of land with the variance granted shall be compatible with surrounding lots, parcels or tracts of land; and
      (5)   The variance granted shall be the minimum variance that will make possible the reasonable use of the parent parcel.
   (D)   The Zoning Board of Appeals shall follow the procedures of Chapter 153 of this code of ordinances relating to variances when deciding whether to grant a variance under this section.
   (E)   In granting any variance under this chapter, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in order to ensure that the lot, parcel or tract of land that will result from the division or property transfer complies with the variance granted under this chapter. Violations of such conditions and safeguards shall be deemed a violation of this chapter, punishable under § 154.99 of this chapter.
(Prior Code, § 5.308)  (Ord. 680, passed 11-18-2002)