The Board of Zoning Appeals may authorize a variance from the terms of this Zoning Code which shall not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this Zoning Code would result in practical difficulties. A variance shall not be granted unless the Board of Zoning Appeals makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant. No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
(a) Application requirements. Except as otherwise permitted in this Zoning Code, a variance from the terms of this Zoning Code shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Code Enforcement Officer or his or her authorized representative and the Board of Zoning Appeals. At a minimum, the application shall include:
(1) Name, address, and telephone number of property owner;
(2) Street address of property;
(3) Description of nature of variance requested;
(4) A site plan drawn to scale;
(5) A list of all property owners and their addresses who are within, contiguous to, or directly across the street;
(6) A narrative statement demonstrating that the requested variance conforms to the review standards of division (b) below, Standards for Variances;
(7) Any additional information requested by the Board of Zoning Appeals as deemed necessary.
(b) Standards for variances. The Board of Zoning Appeals shall not grant a variance unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it, that supports conclusions from the factors below:
(1) 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;
(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;
(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 other method other than a variance;
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(Ord. 2012-20, passed 4-17-2012)