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10/07/80
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10/07/80
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
10/07/1980
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coverage, setback requirements, density, and parking requirements. <br />Specifically, the Board of Adjustment may grant on]5, non-use or area <br />variances and max' not grant use variances, such as permitting a retail <br />hus~ness to be located in a residential district. <br /> <br />170.018E \!ARJAN[]~ CIdTER]A <br /> <br />No variance in the provisions or requirements of this ordinance shall <br />be authorized by the Board of Adjustment un]ess it finds evidence that <br />all the fo]]m,'Jng facts and conditions exist: <br /> <br />a. That there are exceptional, unique, or extraordinary <br /> c~rcumstances or conditions app]¥ing to the property <br /> in question as to the intended use oI the property <br /> that do not apply generally to other properties in <br /> the same zoning district; <br />b. ~at such variance is necessary for the preservation <br /> and enjoyment of a substantial property right similar <br /> to that possessed by other properties in the same <br /> district and in the same vicinity. The possibility <br /> of increased financial return shall not in itself be <br /> deemed sufficient to warrant a variance; <br />c. That the authorizing of such variance will not be <br /> of substantial detriment to adjacent property and <br /> will not materia]ly impair the intent and purpose <br /> of this ordinance or the public interest; <br />d. That the condition or situation o~ the specific <br /> piece of property, or the intended' use of said <br /> property, for which the variance is sought, is <br /> not of so general or recurrent a nature as to <br /> make reasonably practicable the formulation of <br /> a'general regulation ~or such conditions or situa- <br /> tion; <br />e. That the variance observes the spirit and intent <br /> of this ordinance, produces substantial justice and <br /> is not contrary to the public interest. <br /> <br />] 70.(I]8F CONI)]T]ONS ]MPOSED <br /> <br />In grantin~ a variance, the Board oi Adjustment may impose conditions <br />to insure comp.lJance and to protect adjacent properties. <br /> <br />370.03 gE P]K)Ct!I)U}& <br /> <br /> 3. Within sixty (60) days after receipt of filing of a <br />request for a variance or an appeal from an administrative order or <br />determination, the Board of Adjustment shall hold a public hearing <br />-thereon, and shall hear such persons as wish to be beard, either in <br />person or by agent o~ attorney. Notice of such bearing shall be <br />published in a newspaper of general circulation at ]east ten (10) days <br />prior to the date of hearing. In addition, notice of such bearing <br />shall be mai]ed not ]ess than ten (10) days before the date of hear- <br />ing to the person or persons who filed the appeal or request, and <br />in the cas~ of a request for a variance, to each owner of property <br />situated wholly or partly ~ithin three hundred fifty (350) feet of <br />the property to whJcb the variance relates. A map containin~ the <br /> <br /> <br />
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