The Board of Zoning Appeals shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this Springfield Zoning Code as will not be contrary to the public interest and meet the standards for granting variances established in this section, but in no other case. Any application for a variance which could be approved through rezoning to any other classification shall not be approved as a variance, since this act would be equal to rezoning. No variances from the maximum permitted sign areas may be granted by the Board.
(a) No variance from the strict application of any provision of this Springfield Zoning Code which permits the use of land which is prescribed or which will result in a use of land in an manner inconsistent with the basic character of the district in which such land is located, shall be granted by the Board unless it finds that strict application of this Springfield Zoning Code would result in unnecessary hardship. The Board shall find unnecessary hardship only when all the following facts and conditions exist:
(1) The land in question cannot yield a reasonable return if used only for a purpose allowed in the district. To establish the inability of land to yield a reasonable return, the owner must demonstrate factually, by dollars and cents proof, an inability to realize a reasonable return under existing permissible uses in the district. An owner dose not suffer hardship sufficient to warrant the granting of a variance simply because the land would be more valuable or yield more profits if the variance were granted. The requisite degree of hardship exists only when the only permissible uses are not economically feasible and strict application of the provisions or the Springfield Zoning Code deprive the owner of economically viable use of the land.
(2) The plight of the owner is due to unique circumstances and not to other general conditions in the neighborhood which may reflect the unreasonableness of the Springfield Zoning Code itself.
(3) The use to be authorized by the variance will not alter the essential character of the neighborhood.
(b) No variance from the strict application of any provision of this Springfield Zoning Code that does not involve the use of land which is prescribed or which will result in a use of land in a manner inconsistent with the basic character of the district in which such land is located shall be granted by the board unless it finds that strict application of this Springfield Zoning Code would result in practical difficulties which will unreasonably deprive the owner of a permitted use of his property. Such area variances include, by way of example and not of limitation, relief from a set back requirement, height requirement, restrictions on the bulk of buildings, the extent of lot coverage or yard requirements. the Board shall consider and weigh the following factors and such other factors as the board may determine have a bearing on finding whether strict application of any provision of this Springfield Zoning Code would result in practical difficulties which will unreasonably deprive the owner of a permitted use of his property; however, no one of such factors shall control in a determination of whether such practical difficulty exists:
(1) The Property in question cannot yield a reasonable return and there can be no beneficial use of the property without the variance, the variance would relieve a clearly demonstrable situation where strict application of the provisions of this Springfield Zoning Code created a practical difficulty that will deprive the owner of economically viable use of the land, as distinguished from a special privilege or convenience to the owner.
(2) The variance is not substantial.
(3) The essential character of the neighborhood will not be substantially altered or suffer a substantial detriment as a result of the variance.
(4) The variance will not adversely affect the delivery of governmental services such as police and fire protection, water and sewer services, and solid waste regulation and disposal.
(5) The property owner purchased the property without knowledge of the zoning restrictions.
(6) The property owner's predicament feasibly can be obviated through some method other than granting a variance.
(7) The property possesses conditions involving irregular, narrow, shallow or steep lots, or other exceptional physical conditions and because of such exceptional physical conditions, strict application of a provision or provisions of this Springfield Zoning Code would be unreasonable.
(8) The spirit and intent behind the zoning requirement will be observed and substantial justice done by granting the variance.