(a) The Board shall not be authorized to grant a variance for an active use which is otherwise prohibited for the zoning district in which the property is located. The Board shall not grant a variance as authorized in § 1141.02 unless it can determine that there are practical difficulties encountered by the applicant in complying with the resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning, building and housing. This evaluation shall include, but is not limited to, the following criteria:
(1) Whether the property will yield a reasonable return without the variance or whether there can be beneficial use of the property;
(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 resolutions, ordinances, regulations, measures and orders;
(6) Whether the property owner’s predicament feasibly can be obviated through some method other than variance; and
(7) Whether the spirit and the intent behind the resolutions, ordinances, regulations, measures and orders would be observed and substantial justice done by granting the variance.
(b) No single factor listed above shall control, and not all factors shall be applicable in each case. Each case shall be determined on its own facts.
(c) The Board may impose conditions and restrictions upon the property benefitted by a variance as the Board may deem necessary to comply with the standards set forth in this section, to reduce or minimize the impact of the variance upon other property in the neighborhood and to further the purpose and intent of this chapter.
(Ord. 98-104, passed 9-14-1998)