Within a reasonable time after public hearing on the application for a variance, the Zoning Board of Appeals shall render its decision after considering the following factors:
(A) The proposed variance is consistent with the general purpose of this chapter;
(B) The proposed variance does not involve a use of land not permitted in the zone district;
(C) Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;
(D) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;
(E) The plight of the applicant is due to circumstances not from his own making;
(F) The circumstances engendering the variance request are peculiar and not applicable to other property within the district and, therefore, that a variance would be a more appropriate remedy than an amendment (re-zoning); and
(G) The variance, if granted, will not alter the essential character of the area where the premises in question are located nor materially frustrate implementation of the city’s Comprehensive Plan.
(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)