1113.03 CRITERIA FOR APPROVAL.
   (a)   The following factors shall be considered and weighed in the review and the public hearing of an application for variance.
      (1)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without a variance;
      (2)   Whether the variance is substantial;
      (3)   Whether the character of the neighborhood would be adversely affected or whether adjoining properties would suffer an adverse impact as a result of the variance;
      (4)   Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
      (5)   Whether the property owner purchased the property with knowledge of the zoning restriction;
      (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 the variance.
   (b)   No single factor shall be considered a determinative factor, and the factors shall be weighed and balanced in determining whether a variance is warranted. The applicant shall bear the burden of proof that the criteria for a variance have been met and that application of the zoning requirement to the applicant’s property would be inequitable.
(Ord. 01-36. Passed 9-18-01.)