§ 153.588 STANDARD FOR JUDGING APPEALS AND VARIANCES.
   In consideration of all appeals and all proposed variations of this chapter, the Board of Appeals on Zoning shall, before making any variations from the chapter in a specific case, first determine that the proposed variation involves exceptional circumstances not found in other areas of the same zoning district, will be in harmony with the general purposes and intent of this chapter, will not impair the public health, safety, comfort, or welfare of the inhabitants of the city, and meets the following general standards:
   (A)   The proposed use will be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood;
   (B)   The proposed use will be of a nature that will make vehicular and pedestrian traffic not more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking, and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in residential districts;
   (C)   The location, size, intensity, site layout, and periods of operation of any such proposed use will be designed to eliminate possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights; and
   (D)   The location and height of buildings or structures and the location, nature, and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
(Prior Code, § 153.623) (Ord. D-1418, § 2714, passed 11-22-1982, effective 1-21-1983)