The Zoning Board of Appeals may, after a public
hearing, grant a variance from the strict application of the provisions,
of this code in accordance with the following:
A. Use variance. The Zoning Board of Appeals may grant
a use variance, based upon unnecessary hardship, where the applicant
has established all of the following factors:
(1)
The applicant cannot realize a reasonable return
on the property, provided that lack of return is substantial as demonstrated
by competent financial evidence;
(2)
The alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood;
(3)
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
(4)
The alleged hardship has not been self-created.
B. Area variance. Area variance may be considered where
setback, frontage, lot size, density or yard requirements of this
chapter cannot be reasonably met. The Zoning Board of Appeals may
grant an area variance, on the ground of practical difficulty upon
a consideration of the following factors:
(1)
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
(2)
Whether the benefit sought by the applicant
can be achieved by some method feasible for the applicant to pursue,
other than an area variance;
(3)
Whether the requested area variance is substantial;
(4)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district;
(5)
Whether feasible alternatives not requiring
a variance are available;
(6)
Whether the requested variance is the minimum
variance necessary to afford relief; and
(7)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Zoning
Board of Appeals, but shall not necessarily preclude the granting
of the area variance.
C. The Zoning Board of Appeals may attach such conditions
as it deems appropriate to variance approvals as it deems necessary
to minimize the impact of the variance.