§ 65.381. Review by Board of Zoning Adjustment.

Board of Zoning Adjustment. The Board of Zoning Adjustment shall hold a public hearing with due public notice to consider the application. Based on the application, the requirements of this Chapter and the recommendations of the staff, the Board shall approve, approve with conditions, or deny the applications.

Conditions. When the Board of Zoning Adjustment approves any Zoning Variance they may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Chapter, including any of the following. Violation of such conditions or safeguards, when made a part of the terms under which the Zoning Variance is approved, shall be deemed a violation of this Chapter subject to enforcement under the provisions of Chapter 5 of this City Code.

(a)

Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

(b)

Establish a special yard or other open space or lot area or dimension.

(c)

Limit the height, size or orientation or location of a building or other structure.

(d)

Designate the size, number, location or nature of vehicle and pedestrian access points in accordance with Chapter 61, Parts 1 and 2.

(e)

Increase the amount of street dedication, roadway width, or improvements required within the street right-of-way in accordance with Chapter 61, Part 2G.

(f)

Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.

(g)

Limit or otherwise designate the number, size, location, height or lighting of signs.

(h)

Limit the location and intensity of outdoor lighting or require its shielding.

(i)

Require berming, screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.

(j)

Designate the size, height, location or materials for a fence or wall.

(k)

Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

(l)

Specify other conditions to permit development of the City in conformity with the intent and purpose of this Chapter and the adopted Growth Management Plan.

(Ord. of 9-16-1991, Doc. #25102)