1. The Board of Adjustment shall review the proposed development for conformance to the following development criteria:
(Ordinance No. 184)
A. Compatibility. The proposed buildings or use shall be constructed, arranged and operated so as to be compatible with the character of the zoning district and immediate vicinity, and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations. The proposed development shall not be unsightly, obnoxious nor offensive in appearance to abutting or nearby properties.
B. Transition. The development shall provide for a suitable transition, and if necessary, buffer between the proposed buildings or use and surrounding properties.
C. Traffic. The development shall provide for adequate ingress and egress, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.
D. Parking and Loading. The development shall provide all off-street parking and loading areas as required by the Ordinance, and adequate service entrances and areas. Appropriate screening shall be provided around parking and service areas to minimize visual impacts, glare from headlights, noise, fumes or other detrimental impacts.
E. Signs and Lighting. Permitted signage shall be in accordance with the applicable district regulations and shall be compatible with the immediate vicinity. Exterior lighting, if provided, shall be with consideration given to glare, traffic safety and compatibility with property in the immediate vicinity and shall comply with the requirements of Section 88.09, Site Lighting.
F. Environmental Protection. The development shall be planned and operated in such a manner that will safeguard environmental and visual resources. The development shall not generate excessive noise, vibration, dust, smoke, fumes, odor, glare, groundwater pollution or other undesirable, hazardous or nuisance conditions, including weeds.
2. If the Board of Adjustment concludes that all development criteria will be met by the development, it shall approve the application and plans unless it concludes, based on the information submitted with the official application materials and at the hearing that if completed as proposed there is a strong probability the development will:
(Ordinance No. 184)
A. Not adequately safeguard the health, safety and general welfare of persons residing or working in adjoining or surrounding property; or
B. Impair an adequate supply (including quality) of light and air to surrounding property; or
C. Unduly increase congestion in the roads, or the hazard from fire, flood or similar dangers; or
D. Diminish or impair established property values on adjoining or surrounding property; or
E. Not be in accord with the intent, purpose and spirit of the Ordinance or the Cornerstone to Capstone (C2C) Comprehensive Plan.
(Ordinance No. 251)
3. Burden of Persuasion. The burden of persuasion as to whether the development, if completed as proposed, will comply with the requirements of this chapter is at all times on the applicant. The burden of presenting evidence to the Board of Adjustment sufficient enough for it to conclude that the application does not comply with the requirements of this chapter is upon the person or persons recommending such a conclusion, unless the information presented by the applicant warrants such a conclusion.
(Ordinance No. 184)