§ 154.096  CONDITIONS.
   (A)   In granting variances, modifications, and approvals for the wind generator application, the City Planning and Zoning Board and Board of Commissioners may require such conditions as will, in its judgment, secure substantially the objectives or the standards or requirements so varied, modified, or approved. In granting any variance, the Planning and Zoning Board and Board of Commissioners shall prescribe conditions that it deems necessary to or desirable for the public interest. These conditions may include, without being limited to personal, surety, performance, or maintenance bonds, affidavits, covenants, or other legal instruments. In making its findings, as required herein, the Planning and Zoning Board and Board of Commissioners shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work near the proposed wind generator facility site, and the probable effect of the proposed wind generator facility upon living conditions in the vicinity.
   (B)   The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; there are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land.
(Ord. 19, passed - -2008)