1161.05 VARIANCES FOR FRONT YARD SETBACK LINES IN SUBDIVISIONS.
   (a)    In approving subdivisions, the Planning Commission may approve front yard setback lines not in conformity with the required front yard setback lines of the zone in which the subdivision is located under the following conditions:
      (1)    If the terrain is such that adherence to the required normal setback line would make building more than normally difficult, or
      (2)    If it would make attachment to a sewer connection impossible except by the use of booster pumps.
   (b)    The Director of Public Safety may grant variances for front yard setbacks less than the normal front yard setback for lots in established subdivisions under the following conditions:
      (1)    If a front yard setback line has been established within the block in which the lot is located of less than the required front yard setback line by more than fifty percent of the buildings within the block;
      (2)    If it would be impossible due to terrain to make a sewer connection without the use of booster pumps; or
      (3)    If the terrain of the lot is of such a nature as to cause undue hardship to the owner in construction of a building on the premises through adhering to the normal front yard setback line.
   (c)    In the event that adjacent property owners protest the granting of a building permit with variances as provided for in this section, by the Planning Commission or Director of Public Safety the permit shall be denied. The owner may then appeal to the Board of Zoning Appeals, which shall have the right to hear evidence by the property owner requesting the variance and may grant the variance if the Board feels the variance is justified.
(Ord. 4702. Passed 8-21-56.)