(a) Hearing and Notice. The Board of Zoning Appeals shall schedule a hearing to review the variance application and give notice of the same.
(1) Upon such application being filed, the Zoning Inspector shall provide written notice to the owners of all properties directly contiguous to the property for which the variance is requested.
(2) Such notice shall be provided by first class mail or hand delivery, at least ten (10) days before the date of the Board of Zoning Appeals hearing at which the variance will be considered. Such notice shall be mailed to the address of such property owners appearing on the County Auditor's current tax list. The failure of delivery of such notice shall not invalidate any determination made by the Board.
(b) Factors for Review of Variance Application. The Board of Zoning Appeals shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty.
(1) In determining practical difficulty, the Board of Zoning Appeals shall consider and weigh the following factors when determining whether the applicant will experience practical difficulties:
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
B. Whether the variance is substantial.
C. 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.
D. Whether the variance would adversely affect the delivery of governmental services.
E. Whether the property owner purchased the property with knowledge of the zoning restriction.
F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(2) The Board of Zoning Appeals shall not grant a variance unless it shall, in each case, make specific findings of fact directly based upon the particular evidence presented to it from the factors above.
(c) Requests for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
(Ord. 19-10. Passed 11-7-19.)