(A) Variances may be granted by the Board where the strict application of any provision of this Zoning Code would result in practical difficulties to the property owner. A request for a variance may be made to the Zoning Board of Appeals through the Zoning Administrator by an aggrieved property owner.
(B) A variance from the provisions or requirements of this Zoning Code shall not be authorized by the Board unless it finds that the following factors support the granting of the area variance:
(1) Whether the property will yield a reasonable return or whether there can be a beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or adjoining properties suffer a "substantial detriment";
(4) Whether the variance would adversely affect the delivery of governmental services;
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the problem can be solved by some manner other than the granting of a variance;
(7) Whether the variance preserves the "spirit and intent" of the zoning requirement and whether "substantial justice" would be done by granting the variance. Alleged hardships, such as theoretical loss or limited possibilities of economic advantage, shall not be considered real hardships.
(C) Variations to nonconforming uses and buildings.
(1) The Board shall have no powers to authorize, as a variance, the establishment of a nonconforming building or use, extensions of or changes in nonconforming uses where none previously existed.
(2) The substitution of a nonconforming use existing at the time of enactment of this Zoning Code for another nonconforming use shall be allowed; provided, no structural alterations are made except those required by law or ordinance.
(3) The Board shall adhere to all regulations contained in § 153.046 in acting upon all nonconforming uses and modifications thereto.
(Ord. 8-96, § 802.11, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)