1159.05 USE VARIANCES.

   No appeal for a use variance, that is, a variance for the approval of a use which is not permitted in the district, shall be recommended by the Commission or granted by Council unless the Commission and Council determine by clear and convincing evidence that an unnecessary hardship 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 a use variance is warranted to afford relief of an unnecessary hardship:

   (a)   Whether uses permitted in the district may be reasonably established on the property and whether the permitted uses are economically viable on the property in question without the variance.

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

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

   (d)   Whether the variance requested arises from an exceptional 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.

   (e)   Whether the hardship condition was created by actions of the applicant.

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

   (g)   Whether the use requested is similar in character to the permitted uses in the subject district.

   (h)   Whether the subject property is adequate to meet the needs and requirements of the proposed use.

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