838.05 VARIANCES; AUTHORITY OF BOARD OF ZONING AND BUILDING APPEALS.
   (a)   Where compliance with the distance requirements of Section 838.04 may be a handicap to the use of the property, and where no undue hazard will be created, the distance may be reduced at the discretion of the Board of Zoning and Building Appeals after due consideration of special circumstances, such as:
      (1)   Topographic conditions;
      (2)   The nature of the occupancy;
      (3)   The proximity of buildings; and
      (4)   The proximity of storage tanks.
   (b)   The foregoing shall not in any way be construed as a limitation of the matters which the Board may consider. The Board may consider any and all other special circumstances that it may deem important in determining whether or not an undue hazard is created.
(Ord 94-165. Passed 1-4-95.)