(a) Actions of the Board. Within thirty (30) days after the public hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the appeal or request for variance. The Board of Zoning Appeals shall approve a variance or approve a variance with supplementary conditions only if the Board determines the applicant would have practical difficultly in meeting the Code requirements if a variance was not granted. Factors that should be considered when determining whether practical difficulties exit include, but are not limited to
(1) Whether the property in question will yield a reasonable return or whether there can be any 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 whether adjoining properties would suffer substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services (e.g. water, sewer, garbage, etc.);
(5) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance, and
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(b) Certificate of Zoning. A Certificate of Zoning Compliance may be issued only within the period of one year from the date of final approval by the Board of Zoning Appeals.
(c) Building Permit. A Building Permit may be obtained only for the development in accordance with the approved plot plan. (Ord. 11-2013. Passed 5-13-13.)