In any instance where the Board of Zoning Appeals is required to consider a request for a special exception or variance in accordance with the provisions of this chapter, the Board shall:
(A) Give full consideration to the size, scope, extent and character of the exception desired and assure itself that such request is consistent with the comprehensive plan and will promote the harmonious and orderly development of the district in which it is located;
(B) Consider the suitability of the property for the use desired;
(C) Take into consideration the character and type of development in the area surrounding the location for which the request is made and determine that the proposed change or modification, as permitted, will constitute an appropriate use in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood. Consider, among other things:
(1) The zoning classification of the area affected;
(2) The effect, if any, on other properties in the area;
(3) The number, extent and scope of nonconforming uses in the area; and
(4) The presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which the applicant seeks approval.
(D) (1) Consider the suitability of the proposed location of a use with respect to traffic and streets in the area, and ensure that adequate access and off-street parking arrangements are provided in order to protect major streets from undue congestion and hazard; and
(2) Guide the development of major street frontage insofar as possible so as to limit the total number of access points, and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the major street.
(E) Make certain that the proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police protection, fire protection and public schools, and assure adequate arrangements for sanitation in specific instances;
(F) Impose such conditions, in addition to those required, as are necessary to ensure that the general purpose and intent of this chapter is complied with and that the use of the property adjacent to the area included in the proposed change or modification is adequately safeguarded, which conditions may relate to, but are not limited to harmonious design of buildings, aesthetics, planting and its maintenance as a site or sound screen landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements;
(G) Determine that the proposed change will serve the best interest of the municipality, the consonance of the community and the public health, safety, morals and general welfare; and
(H) (1) In the case of a requested variance, require the applicant to show that enforcement of the provisions of this chapter would result in unnecessary hardship.
(2) The written application for a variance shall demonstrate that:
(a) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
(b) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) The special conditions and circumstances do not result from the actions of the applicant; and
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
(1986 Code, § 1337.09) (Ord. passed 1-28-1991)