(a) Variances, Generally. The Board of Zoning Appeals may authorize, upon appeal, in specific cases, such area variance from the terms of the UDO as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this UDO will result in practical difficulties, and so that the spirit of this UDO shall be observed and substantial justice done.
(1) An application for a variance shall follow the submission and review procedures for an appeal, pursuant to Section 1136.01.
(2) Review Limitation. The Board of Zoning Appeals shall have no authority to permit a use where such use is not permitted in the applicable zoning district by this UDO.
(b) Temporary or Permanent Variances. A variance may be issued for an indefinite duration or for a specified duration only.
(c) Basis of Determination. 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 UDO 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 UDO restriction 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.
(d) A denial of a variance may be made on the basis that the weight of the findings on the criteria set forth herein are not satisfied. Insofar as practicable, such a denial shall include a statement of the specific reasons or findings of fact that support it. Failure to approve the granting of a variance shall constitute a denial of a variance.
(e) In granting variances, the Board of Zoning Appeals may impose such other reasonable conditions to be met by the proposed development as the Board may find necessary to ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties and accomplish the purposes of this UDO.
(f) The nature of the Variance and of any conditions attached to it shall be entered on the face of the Development Permit, or the Development Permit may simply note the issuance of a Variance and refer to the written record of the Variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this UDO.