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ORD 0520
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ORD 0520
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7/6/2017 2:16:42 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
4/3/1968
DOCUMENT NO
ORD 0520
DOCUMENT NAME
ZONING
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ARTICLE 25. Variances. <br /> <br /> enjoyed by the owners of other properties classified in the <br /> same zoning district. <br /> d. That the granting of the variance will not constitute a grant <br /> )f special privilege inconsistent with the limitation on other <br /> properties classified in the same zoning district. <br /> e. That the granting of the variance will not be detrimental to <br /> the public health, safety, or welfare, or materially injurious <br /> to properties or improvements in the vicinity. <br /> <br /> 25.10~.2. Signs: Additional Findings. <br /> The Board of Adjustment or the Zoning Administrator, when <br /> authorized, may grant a variance to a regulation prescribed by <br /> this ordinance with respect to signs as the variance was applie'd <br /> for or in modified form, if, on the basis of the application and <br /> the evidence submitted, the Board or the Zoning Administrator <br /> makes findings of fact that establish that the circumstances <br /> prescribed in Sec. 25.106.1 apply and the following circumstanc- <br /> es also apply: <br /> a. That the granting of the variance will not detract from the <br /> attractiveness or orderliness of the City's appearance. <br /> b. That the granting of the variance will not introduce an inhar- <br /> monious visual element into the ~listrlct in which the sign <br /> would be located. <br /> c. That the granting of the variance will not create a hazard to <br /> public safety. <br /> <br />25.106.3. Parking and Losdlng: Additional Fin~iings. <br /> The Board of Adjustment or the Zoning Administrator, when <br /> authorized, may grant a variance to a regulation prescribed by <br /> this ordinance with respect to off-street parking facilities or off- <br /> street loading facliitles, as the variance was applied for or in <br /> modified form, if, on ~he basis of the application and the evi- <br /> dence submitted, the Board or the Zoning Administrator makes <br /> findings of fact that establish that the circumstances prescrib- <br /> ed in Sec. 25.106.1 apply and the followlng circumstances also <br /> apply: <br /> a. That neither present nor anticipafed future traffic volumes gen- <br /> erated by the use of the site or the uses of sites in the vicinity <br /> reasonably require strict or literal interpretation and enforce- <br /> ment of the specified regulation. <br /> b. That the granting of the variance will not result in the parking <br /> or loading of vehicles on public streets in such a manner as to <br /> interfere with the free flow of traffic on the streets. <br /> c. That ~he granting of the variance will not create a safety haz- <br /> ard or any other condition inconsistent with the objectives of <br /> this ordinance. <br /> <br />Sec. 25.107. Effective Date of Variance Decision by Board of Ad- <br />justment. <br />Within ten days following the date of a decision of the Board of Ad- <br />justment on a variance application, the Secretary shall transmit <br />written notice of the decision to the City Council and to the appli- <br />cant. A variance shall become effective 15 days following the date <br />on which the variance was granted or on the day following the next <br />meeting of the Council, whichever is later, unless an appeal has been <br />taken to the Council, or unless fhe Council shall elect to review the <br />decision of the l~oard. A variance shall become effective immediate- <br />ly after it is granted by the Council. <br /> <br /> Sec. 25.108. Review or Appeal <br /> The City Council may elect to review a decision of the Board a <br /> prescribed in Sec. 1.110, (City Council Review), or a decision o <br /> the Board may be appealed to the City Council by the applicant o <br /> any other person as prescribed in Sec. 1.111, (Appeal to Board o <br /> Adjustment, City Planning Commission, or City Council). An appea <br /> shall be heard and acted upon as prescribed in Sec. 1.112, (Publi <br /> l~Iearing on Appeal), and Sec. 1.113, (Action on Appeal). <br /> <br /> Sec. 25.109. Lapse of Variance. <br /> a. A variance shall lapse and shall become voi'd one year followinl <br /> the date on which the variance became effective unless prior <br /> the expiration of one year a building permit is issued and con <br /> structlon is commenced and diligently pursued toward comple <br /> tion on the site which was the subject of the variance applica <br /> t~on, or a permit is issued authorizing occupancy o£ the site o: <br /> structure which was the subject of the variance application, o: <br /> the site is occupied if no building permit or certificate of occu <br /> pancy is required. <br /> b. A variance may be renewed for an additional period of om <br /> year provided that prior to the expiration of one year from th~ <br /> date when the variance or the renewal became effective, ax <br /> application for renewal of the variance is filed with the Zonin~ <br /> Administrator. <br /> c. The Board of Adjustment or the Zoning Administrator, whex <br /> authorized, may grant or deny an application for renewal of <br /> <br /> d. Secs. 25.102 through 25.108 shall apply to an application roi <br /> renewal of a variance. <br /> <br />Sec. 25.110. Revocation. <br />A variance granted by the l~oard of Adjustment subject to condi <br />tions shall be revoked by the Board if the conditions are not corn <br />plied with, and a variance granted by ihe Zoning Administrator sub <br />ject to conditions shall be revoked by the Zoning Administrator <br />the conditions are not complied with. The decision of the Zonin~ <br />Administrator shall become final 15 ~lays $ollowing the date or <br />which the variance was revoked, unless an appeal has been filec <br />with the Secretary of the Board. Within 15 days after revoking <br />variance, the Zoning Administrator shall submit a report to th( <br />Board stating his reasons for the action. The decision of the Boar~ <br />of Adjustment revoking a variance shall become final 15 days <br />lowing the date on which the variance was revoked or on the da~ <br />following the next meeting of the City Council, whichever is later <br />unless an appeal has been taken to the Council, or unless the Coun. <br />cil shall elect to review an.d decline to affirm the decision nf th~ <br />Board in which case Sec. 25.108, (Review or Appeal), shall apply. <br />A variance granted by the City Council subject to conditions shall <br />be revoked by the Council if the conditions are not complied with. <br /> <br />Sec. 25.111. New Application. <br />Following the denial or revocation of a variance application, no <br />application for the same or substantially the same variance on the <br />same or substantially the same site shall be filed within one year <br />of the date of denial or revocation of the variance. <br /> <br />Sec. 25.112. Variance Related to Plans Submitted. <br />Unless otherwise specified at the time a variance is granted, it shall <br />apply only to ~he plans an~l drawings submitted as part of the appli- <br />cation. <br /> <br /> <br />
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