(a) The Board of Zoning Appeals shall have the power, in specific cases where variances are requested related to area to evaluate the request using practical difficulties standards instead of establishing unnecessary hardship in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.
(b) The following seven (7) practical difficulties standards must be considered in the totality of circumstances when evaluating an area variance:
(1) Whether the property will yield a reasonable return or whether any beneficial use can be made without the variance.
(2) Whether the variance is substantial.
(3) Whether the essential character of the neighborhood would be substantially altered or whether the adjoining properties would suffer a substantial detriment if the variance were granted.
(4) Whether the variance adversely impacts the delivery of governmental services (water, sewer, solid waste).
(5) Whether the property was purchased with the owner's knowledge of the zoning restrictions.
(6) Whether the owner's predicament can be feasibly obviated through some other method.
(7) Whether the spirit and intent behind the Zoning Code would be observed and substantial justice done by granting a variance.
(Ord. 2010-059. Passed 3-7-11.)