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2024-10-01 P & Z Packet
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2024-10-01 P & Z Packet
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necessary to show 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 with these standards; in <br />that event, the entire cost shall be borne by the owner or operator. This provision does not preclude the city <br />from making any investigations and tests it finds appropriate to determine compliance with these standards. <br />§§ 156.301 THROUGH 156.309 RESERVED FOR FUTURE USE. <br />§ 156.310 VARIANCES. § 156.310 VARIANCES. <br />(A)(A)Standards.Standards. The Planning and Zoning Commission shall recommend a variance and the Council shall The Planning and Zoning Commission shall recommend a variance and the <br /> Council shall The Planning and Zoning Commission shall recommend a variance and the Council shall <br />order the issuance of the variance only if it conforms to the following standards: order the issuance of the variance only if it conforms to the following standards: <br />(1)(1)The variance is in harmony with the purposes and intent of the zoning chapter of this code; The variance is in harmony with the purposes and intent of the zoning chapter of this <br /> code; <br />(2)(2)The variance is consistent with the comprehensive plan; and The variance is consistent with the comprehensive plan; and <br />(3)(3)The proposal puts the property to use in a reasonable manner; and The proposal puts the property to use in a reasonable manner; and <br />(4)(4)There are unique circumstances to the property not created by the landowner; and There are unique circumstances to the property not created by the landowner; and <br />(5)(5)The variance, if granted, will not alter the essential character of the locality; and The variance, if granted, will not alter the essential character of the locality; and <br />(6)Any person filing a petition requesting a variance or an amendment of the zoning chapter <br />rezoning property or changing regulations within any use district shall pay a fee according to the <br />schedule established by resolution or ordinance of the City Council. The fee is payable at the <br />time of filing a petition and is not refundable. <br />(B)(B)Board of Appeals and Adjustments.Board of Appeals and Adjustments.Board of Appeals and Adjustments. The Planning and Zoning Commission shall act as the Board of The Planning <br /> and Zoning Commission shall act as the Board of The Planning and Zoning Commission shall act as the Board of <br />Appeals and Adjustments and shall have the power to hear and recommend requests for the following: Appeals and Adjustments and shall have the power to hear and recommend requests for <br /> the following: <br />(1)Interpretation. Hearing appeals where it is alleged that there is an error in a decision or <br />judgment made by an administrative officer in the interpretation or enforcement of this chapter <br />or in the interpretation of zoning district boundaries; and <br />(2)(2)VariancesVariances. Recommend variances from literal ordinance requirements in instances where strict . Recommend variances from literal ordinance requirements in instances where <br /> strict . Recommend variances from literal ordinance requirements in instances where strict <br />enforcement would cause undue hardship or practical difficulties because of circumstances enforcement would cause undue hardship or practical difficulties because of circumstances enforcement <br /> would cause undue hardship or practical difficulties because of circumstances <br />unique to the individual property under construction. unique to the individual property under construction. <br />(C)Variance procedures. <br />(1)Applications provided by the city must be completed in writing prior to any consideration of <br />variance petitions. Fees required by the city shall be paid at the time of application. <br />393 |Page <br /> <br />
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