122.01 BOARD'S STANDARD.

   (a)   The Board shall not grant a variance or exception to the zoning regulations or building code, unless the applicant has shown that the literal application of the zoning or building code would result in practical difficulties as a result of some peculiar or unique condition or circumstance pertaining to the zoning lot in question.

   (b)   The seven (7) non-exclusive factors to consider whether practical difficulties exist are as follows:

      (1)   Whether the property in question will yield a reasonable return, or whether there can be any beneficial use of the property without the variance being requested;

      (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 determinant as a result of the variance;

      (4)   Whether the variance would adversely affect the delivery of governmental service;

      (5)   Whether the property owner purchased the property with knowledge of the zoning restriction;

      (6)   Whether the property owner's predicament feasibly can be obviated through some other method other than a variance; and

      (7)   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.   

         (Ord. 2022-23. Passed 12-19-22.)