The Commission shall have the following powers and duties: To grant use or area variances in the use of land permitted in a particular district where the proposed use is similar in character to the uses already permitted in the district and the proposed use will be consistent with the overall character of the district as stated in the resolution.
(A) The Commission shall not grant a use variance unless it finds that all of the following conditions apply to the case in question:
(1) There are special circumstances or conditions applying to the land, building or use referred to in the application, which circumstances were not created by the applicant.
(2) The granting of a variance application is necessary for the preservation and enjoyment of substantial property rights.
(3) The granting of the application will not materially affect, adversely, the health or safety of persons residing or working in the neighborhood of the proposed use and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.
(B) The Commission shall not grant an area variance unless the property owner has encountered practical difficulties in the use of his or her property. The factors to be considered and weighted by the Commission are:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
(2) Whether the variance is substantial.
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
(4) Whether the variance would adversely affect the delivery of governmental services (e.g. water, sewer, garbage).
(5) Whether the property owner purchased the property with knowledge of the zoning restriction.
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
(7) (a) Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance.
(b) In granting any variance under the provisions of this section, the Commission shall designate such conditions in connection therewith as will, in the opinion, secure substantially the objectives of the regulations or provisions in the application on which the variance is granted.
(Ord. 87-27, § 609, passed 7-7-1987; Ord. 28-06, passed 7-17-2006)