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7C, Planning Case 11-012 - Zoning Code Amendment – Section 1355
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7C, Planning Case 11-012 - Zoning Code Amendment – Section 1355
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7/8/2011 8:17:42 AM
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June 27, 2011 Reg Council Meeting
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Ord�nance 2011-008 <br />of a conditionaI use permit before it can be located in the particuIar <br />district, until after �he conditionat use pertnit has been granted by the City <br />Council. <br />.�. Discontinuance of a Canditional Use. If ihe use for which any <br />conditional use permit has been granted has ceased or has been <br />discantinued for a period of ninety (90) cansecutive days, the per�nit shall <br />autornaticatiy �xpire and become void at the end of such ninety (90) day <br />period. <br />Subd.4 Variances. <br />A. P�blic Nearin�. A p�blic hearing is not required but neighboring <br />prope�-ty awners shall be notifed. <br />B. Action to A�ro�e. Three affirmative votes af the City Council are <br />required to approve the grantin� of a variance. <br />C. Criteria for Review. Tf�e fotlowin� criteria shall be appliecf to the City <br />Council`s review of a variance applicatian: <br />]. Pu ose and �ntent. The �ariance request shall comply with the <br />purpose and intent provisions af City's Zor�ing Regulations and <br />with the policies of the C�ty's Comprehensive Plan. <br />2_ Practical Difficulties. The applicar�t far a variance shall establish <br />that there are praetical difficulties in connp�ying with the provisions <br />of the Arden HilIs Zonin� Regulations. The terrn "Praetical <br />Difficuities" as �ased in the granting of a variance means: <br />a_ Reasonable Use. The property owner proposes ta use the <br />property in a reasonabte manner not permitted by the Zoning <br />Ordinance. <br />b. Unique Circumstar�ces. The p�ight of property owner is due to <br />circt�mstances unique to the property not created by the <br />]andowner. <br />c. Character of Neighborhoocf. The variance, if granted, wil] not <br />alter the essentia! character of the neighbar�►ood, <br />3. Economic Consideration. Economic consideration alone does not <br />constitate a prac#ical dif�eulty. <br />4. Access to SunIioht. ]nadequate access to direct sunlight for solar <br />energy systems s�tall be considered a practical difficulty. <br />Page 6 oi i 3 <br />
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