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A-N ORDINANCE TO ~¢END THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA, 1973, BY ~ENDING SECTION 40-210(b) PERTAINING TO <br />THE BOARD OF ZONING APPEALS. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That Section 40-2!O(b) of the Code of the City of <br />Portsmouth, Virginia~ 1973, be amended to read as follows: <br /> <br />Section 40-210. Jurisdiction, powers and duties. <br /> <br /> (b) To grant a variation only in the dimensional re- <br /> quirements of Article VI hereof when a property owner can <br /> show that his property was acquired in good faith and where <br /> by reason of exceptional narro%vness, shallo%¢ness or shape <br /> of a specific piece of property at the time of the effective <br /> date of this Chapter, or where by reason of exceptional <br /> topographical conditions or other extraordinary situation <br /> or condition of such piece of property, or of the use or <br /> development of property adjacent thereto, that the strict <br /> application of the terms of this Chapter actually prohibit <br />-or unreasonably restrict the use of this property, and where <br /> the Board is satisfied, under the evidence heard before it, <br /> the granting of such variation will alleviate a clearly <br /> demonstrable hardship approaching confiscation as distinguished <br /> from a sDeciaI privilege or convenience sought by the owner; <br /> provided~ however, that all variations granted under this <br /> clause shall be in harmony with the intende~d spirit and <br /> purpose of the Chapter and shall not constitute a direct and <br /> obvious amendment of any district regulations or district <br /> boundaries. <br /> <br /> 2. This ordinance shall take effect from t~e date of <br />its adoption. <br /> <br /> Adopted by the Council of the City of Portsmouth, <br />Virginia, at a meeting held May 24, 1983. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />