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1991 Ordinances
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1991 Ordinances
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Year
1991
Ord/Resolutions - Type
Ordinances
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other design features of all buildings and other <br />improvements to be constructed, erected, or <br />reconstructed in the D-1 and D-2 districts. <br /> <br />Section 40-195. Variances; hardship or difficulty required. <br /> <br /> Where exceptional conditions make strict application of <br />this chapter result in peculiar and exceptional practical <br />difficulties to, or exceptional and undue hardship upon, the <br />owner of the affected property, the board of zoning appeals is <br />authorized, upon appeal or original application to the board, <br />to grant such variance from the strict application of this <br />chapter as will not be contrary to the public interest in <br />order to relieve such hardship or difficulties: <br /> <br />(a) <br /> <br />When a property owner can show that his property was <br />acquired in good faith and where by reason of the <br />exceptional narrowness, shallowness, size or shape <br />of a specific piece of property at the time of the <br />effective date of the zoning ordinance, or where by <br />reason of exceptional topographic conditions or <br />other extraordinary situation or condition of such <br />piece of property, or of the use or development of <br />property immediately adjacent thereto, the strict <br />application of the terms of the zoning ordinance <br />would effectively prohibit or unreasonably restrict <br />the use of the property; or <br /> <br />(b) <br /> <br />Where the board is satisfied, upon the evidence <br />heard by it, that the granting of such variance will <br />alleviate a clearly demonstrable hardship <br />approaching confiscation, as distinguished from a <br />special privilege or convenience sought by the <br />applicant; <br /> <br />provided that all variances shall be in harmony with the <br />intended spirit and purpose of the zoning ordinance. <br /> <br />Section 40-196. Requirements for a special exception. <br /> <br />(a) <br /> <br />CHURCH PARKING LOTS. Upon application of churches <br />and places of worship situated in areas zoned RM-60, <br />an exception to the off-street parking requirements <br />of Section 40-45 may be granted, provided that it is <br />established that the church or place of worship was <br />in existence on April 25, 1961 on the zone lot for <br />which an exception is sought and that the abutting <br />area is densely occupied to an extent of no less <br />than five thousand (5,000) persons per gross square <br />mile. <br /> <br /> <br />
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