(A) No appeal for a use variance for a use which is not permitted in a specific district shall not be recommended by the Planning Commission or granted by City Council unless the Planning Commission and City Council determine, by clear and convincing evidence, that an unnecessary hardship exists or will result from the literal enforcement of this chapter.
(B) The following standards shall be considered and weighed by the Planning Commission and City Council in determining whether the granting of a use variance is warranted to afford relief of an unnecessary hardship:
(1) Whether principally or conditionally permitted uses in the district may be reasonably established on the property and whether the principally or conditionally permitted uses are economically viable on the property in question without the variance;
(2) Whether the use variance is the minimum variance necessary to afford relief to the property owner, occupant, tenant or lease holder;
(3) Whether the essential character of the neighborhood will be substantially altered or adjoining properties will suffer interference with their proper future development rights as a result of the use variance;
(4) Whether the use variance requested arises from an exceptional condition or circumstance which is unique to the subject site, including, but not limited to, historical, architectural or cultural considerations and which may not be generally shared by other properties in the same zoning district or general vicinity;
(5) Whether any hardship condition was created by actions of the owner or applicant;
(6) Whether the spirit and intent of this chapter will be observed and substantial justice done by granting the use variance;
(7) Whether the use requested is similar in character to the permitted uses in the subject district;
(8) Whether the subject property is adequate to meet the needs and requirements of the proposed use; and
(9) Whether the historical, architectural or cultural significance of the building, structure or premises where the use variance is proposed will be preserved, enhanced or damaged.
(Prior Code, § 27.09.02) (Ord. 29-16, passed - -)