1154.05 VARIANCES.
   (a)   Any person requesting a variance from the provisions of this Zoning Code for the district in which his or her property is located may apply to the Board for such variance. Council shall confirm, modify or reverse the order of the Board on such application.
   (b)   In approving a variance, the Board may designate such conditions in connection therewith as will, in its opinion, protect, as far as reasonable, the health, safety, attractiveness and values of adjoining property.
   (c)   Where any lot or parcel of land cannot be appropriately improved without modification of the front yard, side yard, rear yard or area requirements established by this Zoning Code, the Board may, subject to such conditions and safeguards as it may prescribe to protect the appropriate development of neighboring property, modify such requirements.
   (d)   Permits approved by the Board for exceptions and variances from the regulations of this Zoning Code shall be void after six months from the date of such approval, unless, in the case of new construction, work has been done above the foundation walls, and, in cases of occupancy of land or reconstruction or occupancy of buildings, the operation called for by such permit is well under way by the end of such six-month period.
   (e)   A fee of one hundred fifty dollars ($150.00) for commercially zoned properties, and seventy-five dollars ($75.00) for residentially zoned properties, shall be paid to the Building Commissioner at the time of filing an application for a variance.
(Ord. 2009-40. Passed 9-8-09.)