(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.)