§ 190.395 STANDARDS.
   (A)   Each case before the Zoning Board of Appeals shall be considered as an individual case and shall conform to the detailed application of the following standards in a manner appropriate to the particular circumstances of such case. All uses as listed in any district requiring board approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts and to adjacent uses.
   (B)   The Board shall give consideration to the following:
      (1)   The location and size of the use;
      (2)   The nature and intensity of the operations involved in or conducted in connection with it;
      (3)   Its size, layout and its relation to pedestrian and vehicular traffic to and from the use;
      (4)   The assembly of persons in connection with it will not be hazardous to the neighborhood or be incongruous therewith or conflict with normal traffic of the neighborhood;
      (5)   Taking into account among other things, convenient routes of pedestrian traffic, particularly of children;
      (6)   Vehicular turning movements in relation to routes of traffic flow, relation to street intersections, site distance and the general character and intensity of development of the neighborhood;
      (7)   The location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof;
      (8)   The nature of filling or excavation which may be necessary to utilize the site, shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof, and such filling or excavation shall not be injurious to the surrounding neighborhood and not contrary to the spirit and purpose of this chapter;
      (9)   The nature, location, size and site layout of the uses shall be such that it will be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons and the physical and economic relationship of one type of use to another;
      (10)   The location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings, by reason of noise, fumes or flash of lights to a greater degree than is normal with respect to the proximity of commercial to residential uses, nor interfere with an adequate supply of light and air, nor increase the danger of fire or otherwise endanger the public safety; and
      (11)   Where a variance is granted, the requirements of the Building Code shall be met.
(Prior Code, App. A, § 2705) (Ord. 1277, passed 4-2-2007)