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1997 Ordinances
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1997 Ordinances
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2/6/2009 3:39:51 PM
Creation date
6/8/2001 5:39:41 PM
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Ord/Resolutions
Year
1997
Ord/Resolutions - Type
Ordinances
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narrowness, shallowness, size or shape of a specific piece of <br />property at the time of the effective date of the zoning <br />ordinance, or where by reason of exceptional topographic <br />conditions or other extraordinary situation or condition of <br />such piece of property, or of the use or development of <br />property immediately adjacent thereto, the strict application <br />of the terms of the zoning ordinance would effectively prohibit <br />or reasonably restrict the use of the property; or <br /> <br /> (b) Where the board is satisfied, upon the evidence heard <br />by it, that the granting of such variance will alleviate a <br />clearly demonstrable hardship approaching confiscation, as <br />distinguished from a special privilege or convenience sought by <br />the applicant; <br /> <br /> Ail variances shall be in harmony with the intended <br />spirit and purpose of the zoning ordinance. <br /> <br />Sec. 40-195.1. Findings required. <br /> <br /> No such variance shall be authorized by the board unless <br />it finds: <br /> <br /> (a) The strict application of the ordinance would produce <br />undue hardship; <br /> <br /> (b) Such hardship is not shared generally by other <br />properties in the same zoning district and the same vicinity; <br /> <br /> (c) The authorization of such variance will not be of <br />substantial detriment to adjacent property and that the <br />character of the district will not be changed by granting the <br />variance; <br /> <br /> (d) No variance shall be approved unless the board of <br />zoning appeals finds that the condition or situation of the <br />property concerned or the intended property use is not of so <br />general or recurring a nature as to make reasonably practicable <br />the formulation of a general regulation to be adopted as an <br />amendment to the ordinance. <br /> <br />Sec. 40'197. Appeals to board of zoning appeals. <br /> <br /> (a) Appeals may be taken to the board by any person <br />aggrieved or by any officer, department, board or bureau of the <br />city affected by any decision of the zoning administrator or <br />from any order, requirement, decision or determination by any <br />other city administrative officer in the administration or <br /> <br /> <br />
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