1159.04 AREA VARIANCES.

   No appeal for an area variance, that is a variance involving provisions relating to spatial or dimensional requirements, such as yard dimensions, setbacks, height, parking, or similar requirements or provisions of this Code, shall be recommended or granted by the Commission or granted by Council unless the Commission and/or Council determine by clear and convincing evidence that a practical difficulty exists or will result from the literal enforcement of the Code. The following standards shall be considered and weighed by the Commission and Council in determining whether the granting of an area variance is warranted to afford relief of a practical difficulty:

   (a)   Whether the property in question will yield a reasonable return and whether there can be any beneficial use of the property without the variance.

   (b)   Whether the variance is substantial.

   (c)   Whether the essential character of the neighborhood will be substantially altered and whether adjoining properties will suffer interference with their proper future development and rights as a result of the variance.

   (d)   Whether the variance will adversely affect the delivery of governmental services (i.e. water, sewer, garbage, fire, police, or other).

   (e)   Whether the property owner purchased the property with knowledge of the zoning restriction.

   (f)   Whether the property owner's predicament can be obviated through some method other than a variance.

   (g)   Whether the spirit and intent of the Code will be observed and substantial justice done by granting the variance.

   (h)   Whether granting of the variance will be contrary to the general purpose, intent, and objective of the specific Use District.

   (i)   Whether the variance requested arises from a condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity.

   (j)   Whether the practical difficulty is created by the Code and not by any action or actions of the property owner or the applicant.

   (k)   Whether the variance desired will adversely affect the public health, safety, or general welfare.

   (l)   Whether the variance requested is the minimum variance necessary to afford relief to the property owner.

      (Ord. 2018-94.  Passed 10-21-19.)