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In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of the Zoning Ordinance and in the public interest. In authorizing a variance with attached conditions, the Board shall require such evidence and guarantee of bond, as it may deem necessary, that the conditions attached are and shall be complied with.
(a) Use Variance. No use variance shall be authorized by the Board of Zoning Appeals unless the Board finds, beyond reasonable doubt, that all of the following facts and conditions exist:
(1) The requested variance stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
(2) The hardship condition described in Section 1133.01(86) is not created as a result of actions by the applicant;
(3) The granting of such variance will not adversely affect the rights of adjacent property owners;
(4) The granting of such variance will not adversely affect the public health, safety or general welfare;
(5) Such variance will be consistent with the general spirit and intent of the Zoning Code;
(6) The variance sought is the minimum which will afford relief to the applicant; and
(7) There is no other economically viable use which is permitted in the zoning district.
(b) Area/size Variance. No area/size variance shall be authorized by the Board of Zoning Appeals unless the Board has considered and weighed the following factors to determine if the property owner requesting a variance has encountered practical difficulties:
(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 substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services, including, but not limited to, water, sewer, and garbage services;
(5) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(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 a variance.
(Ord. 98-10. Passed 11-8-10.)