§ 154.417 CLASS B VARIANCES.
   (A)   Class B variances.
      (1)   Generally. Due to their discretionary nature, the following types of variances shall be reviewed using a Type III procedure in accordance with § 154.379.
      (2)   Variance to vehicular access and circulation standards. Where vehicular access and circulation cannot be reasonably designed to conform to code standards within a particular parcel, shared access with an adjoining property shall be considered. If shared access in conjunction with another parcel is not feasible, the city may grant a variance to the access requirements after finding the following:
         (a)   There is not adequate physical space for shared access or the owners of abutting properties do not agree to execute a joint access easement;
         (b)   There are no other alternative access points on the street in question or from another street;
         (c)   The access separation requirements cannot be met;
         (d)   The request is the minimum adjustment required to provide adequate access;
         (e)   The approved access or access approved with conditions will result in a safe access;
         (f)   The visual clearance requirements of Chapter 95 of this code will be met; and
         (g)   Variance to parking standards:
            1.   The city may approve variances to the minimum for off-street parking enumerated in §§ 154.330 through 154.337 upon finding the following:
               a.   The individual characteristics of the use at that location require more or less parking than is generally required for a use of this type and intensity;
               b.   The need for additional parking cannot reasonably be met through provision of on street parking or shared parking with adjacent or nearby uses; and
               c.   All other parking design and building orientation standards are met.
            2.   The city may approve a reduction of required bicycle parking pursuant to Chapter 95 of this code, if the applicant can demonstrate that the proposed use by its nature would be reasonably anticipated to generate a lesser need for bicycle parking.
            3.   The city may allow a reduction in the amount of vehicle stacking area required for drive through facilities if such a reduction is deemed appropriate after analysis of the size and location of the development, limited services available and other pertinent factors.
   (B)   Variance to transportation improvement requirements. The city may approve, approve with conditions or deny a variance to the transportation improvement standards of Chapter 95 of this code based on the criteria for granting Class B variances. When a variance request cannot be supported by the provisions of that section, then the request shall be reviewed as a Class C variance.
(Ord. 225, passed 10-20-1994, § 22.3)