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<br />"' <br /> <br />Effective 9/5/00 <br />City of Centerville Ord. #4 <br /> <br />5. Granting of the variance will not allow a <br />use which is otherwise not a permitted <br />use in the Zoning District in question. <br /> <br />F. A Variance granted but not used shall become void one (1) year after its <br />effective date. <br /> <br />G. No application for the same or essentially the same Variance shall be <br />made within six (6) months of the date of denial. <br /> <br />Section 185-030: Variance Appeal Procedures. <br /> <br />A. Within thirty (30) days of the action of the Board of Appeals and <br />Adjustments, the applicant or an affected property owner may file an <br />appeal to the City Council to the decision of the Board of Appeals and <br />Adjustments. The City Council shall set a date for a public hearing, <br />within forty-five (45) days of receipt of the appeal, to consider granting <br />or denying the variance request. <br /> <br />B. The City. Counci.1 shall have the. power and duty of hearing and <br />deciding appeals where it is alleged that there isan error in any order, <br />requirement, decision or determination made by the administrative <br />officer, enforcement officer, or by the Planning and Zoning <br />Commission in the administration or enforcement of this Ordinance. <br /> <br />C. Procedure. An appeal for Administrative Reviewmay be taken to the <br />Council by any person, firm or corporation or any city officer, <br />department, or agency affected by an adverse decision in the <br />administration or enforcement of this Ordinance. Such an appeal <br />shall be taken by filing a Notice of Appeal specifying the grounds <br />thereof with the Zoning Administrator, and the Council within thirty <br />(30) days after the decision. If the Appeal is not taken by the owner of <br />the property which is the subject matter of the decision appealed from, <br />the Notice shall not be so filed until after it has been served upon such <br />owner either in person or by mail. The Zoning Administrator shall <br />forthwith transmit to the Council all papers constituting the record <br />upon which theaction appealed from was taken. An Appeal for an <br />Administrative Review or a Variance stays all proceedings, including <br />criminal proceedings in furtherance of the action appealed from unless <br />the Zoning Administrator certifies to the Council that byreason offacts <br />stated in the certificate a stay would, in his opinion, causehnminent <br />peril to life or property. In that case the proceedings shall not'be <br />stayed otherwise than by a restraining' order granted .by a court of <br />competent jurisdiction. . The Council shall at its next regular me~ting <br />after the filing of an Appeal to it from a decision of the board set a'date <br />for hearing thereon,which shall be not later than sixty (60) days after <br />Page 58 of 62 <br />