When considering a request for a variance, the Board of Zoning Appeals shall be subject to the powers and limitations previously set forth and to the required findings set forth herein.
No variance from the provisions or requirements of this Zoning Code shall be granted by the Board unless the Board has determined by clear and convincing evidence that a practical difficulty does exist or will result from the literal enforcement of this Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner seeking a variance has proved practical difficulty include:
(a) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
(b) Whether the variance is substantial.
(c) 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.
(d) Whether the variance would adversely affect the delivery of government services (e.g. water, sewer, garbage, fire, police or other).
(e) Whether the property owner purchased the property with the knowledge of the zoning restriction.
(f) Whether the property owner's predicament can be obviated through some method other than a variance.
(g) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by the granting of the variance.
(h) Whether the granting of the variance will be contrary to the general purpose, intent and objective of this Zoning Code or other adopted plans of the City.
(i) Whether the variance requested arises from a condition which is unique, which is not ordinarily found in the same zoning district and which is created by this Zoning Code and not by an action or actions of the property owner or the applicant.
(j) Whether the variance desired will adversely affect the public health, safety, morals or general welfare.
(Ord. 2337. Passed 10-20-92.)