(A) The Board shall have original jurisdiction to grant variances from the provisions or requirements of this Zoning Code.
(B) Criteria for granting a variance. In order to grant a variance to a numerical provision, the Board must find that the strict application of the Zoning Code would create practical difficulties for the property owner. In exercising its variance power, the Board may impose such reasonable conditions upon the applicant as it deems necessary to accomplish the purposes of this chapter. An application must present credible evidence of the following so that the Board may determine whether sufficient practical difficulties exist to warrant the variance. When determining whether the strict application of the Zoning Code would create practical difficulties for the property owner, the Board shall consider:
(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, and;
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(Ord. 9098, passed 6-12-2023)