No variance to the provisions or requirements of this Zoning Code shall be granted by the Board of Zoning Appeals unless the Board has determined that a practical difficulty does exist or will result from the literal enforcement of the Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner, seeking an area variance, has proved practical difficulty include:
(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 property would suffer a substantial detriment as a result of the variance;
(d) Whether the variance would adversely affect the delivery of government services (e.g., water, sewer, garbage, police, fire, or other);
(e) Whether the property owner purchased the property with knowledge of the zoning restriction;
(f) Whether the variance requested arises from a condition which is unique and which is not ordinarily found in the same zoning district;
(g) Whether the variance request arises from a condition which is created by the Zoning Code and not by an action or actions of the property owner or applicant;
(h) Whether the property owner’s predicament can be obviated by some method other than a variance;
(i) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by the granting of the variance;
(j) Whether the granting of the variance will be contrary to the general purpose, intent, and objective of the Zoning Code or other adopted Plans of the City of Norwood.
(Ord. 24-2001. Passed 3-13-01.)
(Ord. 24-2001. Passed 3-13-01.)