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<br />Every use permitted by this chapter shall be so established and maintained as to <br />comply with the provisions of this section. The Council may require the owner or <br />operator of a use permitted by this chapter to provide the tests or investigations by an <br />independent testing organization satisfactory to the Council as are necessary to show <br />compliance with these standards. The cost of the investigation and tests shall be shared <br />equally by the owner or operator and the city unless the results disclose noncompliance <br />with these standards; in that event, the entire cost shall be borne by the owner or operator. <br />This provision does not preclude the city from making any investigations and tests it <br />finds appropriate to determine compliance with these standards. <br /> <br />~~ 154.301 THROUGH 154.309 RESERVED FOR FUTURE EXPANSION. <br /> <br />~ 154.310 VARIANCES. <br /> <br />(A) Standards. The Planning and Zoning Commission shall recommend a variance <br />and the Council shall order the issuance of the variance only if it conforms to the <br />following standards: <br /> <br />(1) Special conditions and circumstances exist which are peculiar to the land, <br />structure or building involved and do not result from the actions of the petitioner; <br /> <br />(2) Literal interpretation of the provisions of this chapter would deprive the <br />petitioner of rights commonly enjoyed by other properties in the same district under the <br />terms of this chapter; and <br /> <br />(3) Granting the variance requested will not confer on the applicant any special <br />privilege that is denied by this chapter to other lands, structures or buildings in the same <br />district; and <br /> <br />(4) The proposed variance will not impair an adequate supply of light and air to <br />adjacent property, or unreasonably diminish or impair established property values within <br />the surrounding area, or in any other respect impair the public health, safety, or welfare of <br />the residents of the city; and <br /> <br />(5) Any person filing a petition requesting a variance or an amendment of the <br />zoning chapter rezoning property or changing regulations within any use district shall pay <br />a fee according to the schedule established by resolution of the City Council. The fee is <br />payable at the time of filing a petition and is not refundable. <br /> <br />(B) Board of Appeals and Adjustments. The Planning and Zoning Commission shall <br />act as the Board of Appeals and Adjustments and shall have the power to hear and <br />recommend requests for the following: <br />