(a) The Board of Zoning Appeals may grant area variances and permit any modification to depart from these Regulations only to the extent necessary to remove the practical difficulties where unusual or exceptional factors or conditions require such modification. The Board of Zoning Appeals shall make findings on each of the following factors and determine whether the weight of the evidence would justify variance to the ordnance standards:
(1) Whether the alleged unusual topographical or exceptional physical conditions exist that do not apply generally to other properties or uses in the same zoning district;
(2) Whether the property will yield a reasonable return without the variance or whether there can be a beneficial use of the property without the variance (A limitation upon the financial gain from the land in use shall not in and of itself constitute a hardship);
(3) Whether the variance is substantial compared to the extent of other variances granted (Mere evidence that a variance was previously granted under similar circumstances shall not be considered sufficient grounds for granting a Variance);
(4) Whether the essential character of the neighborhood would be substantially altered or adjoining properties suffer a substantial detriment;
(5) Whether the variance would adversely affect the delivery of governmental services;
(6) Whether the property owner purchased the property with knowledge of the restricting ordnance or whether the basis for the variance is self-created;
(7) Whether the problem can be solved by some manner other than the granting of a variance;
(8) Whether any modification granted will not be detrimental to the public interest nor in conflict with the intent and purpose of these Regulations and whether substantial justice will be done by granting the variance.
(b) In granting a variance, the Board may attach thereto such conditions relating to the location of the proposed structure or use or to the duration of the variance as it may deem necessary in order to further the purposes of this Zoning Code. The Board may require such evidence and guarantee or bond as it may deem necessary to insure that all such conditions so attached are being and will be complied with.
(Ord. 2015-12. Passed 5-7-15.)