§ 280.007. Land configuration variances

Sec. 7. 

(a) If a lot, parcel, or tract of land that will result from a division or property transfer does not meet the requirements of the City of McBain Zoning Ordinance as specified in Section 6 [280.006] (b) of this ordinance [part], then the Applicant may seek a variance from those zoning requirements from the Zoning Board of Appeals pursuant to the procedures of the City of McBain Zoning Ordinance.

(b) If a lot, parcel, or tract of land that will result from a division does not meet the depth to width requirements of Section 6 [280.006] (d) of this ordinance [part], then the Applicant may seek a variance from those requirements from the Zoning Board of Appeals pursuant to the procedures of this section.

(c) The Zoning Board of Appeals may grant a variance under this ordinance [part] from the depth to width requirement of Section 6 [280.006] (d) of this ordinance [part], if all of the following exist:

(1) Exceptional or extraordinary circumstances or conditions exist on the parent parcel, including exceptional topographic or physical conditions, that do not generally apply to other lots, parcels, or tracts of land in the City.

(2) The exceptional or extraordinary circumstances or conditions existing on the parent parcel are not the result of any act or omission by the Applicant or his or her predecessors in title.

(3) The granting of the variance shall not be injurious or otherwise detrimental to adjoining lots, parcels, or tracts of land or to the general health, safety, and general welfare of the City.

(4) The resulting lots, parcels, or tracts of land with the variance granted shall be compatible with surrounding lots, parcels, or tracts of land.

(5) The variance granted shall be the minimum variance that will make possible the reasonable use of the parent parcel.

(d) The Zoning Board of Appeals shall follow the procedures of the City of McBain Zoning Ordinance relating to variances when deciding whether to grant a variance under this section.

(e) In granting any variance under this ordinance [part], the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in order to ensure that the lot, parcel, or tract of land that will result from the division or property transfer complies with the variance granted under this ordinance [part]. Violations of such conditions and safeguards shall be deemed a violation of this ordinance [part], punishable under Section 9 [280.009] of this ordinance [part].