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<br />( <br /> <br />page two <br />Ordinance #29 <br /> <br />The aforementioned restriction shall not apply to any property <br />within the urban service district which lies within the bene- <br />fitted area designated for Public Sanitary Sewer Improvement <br />#76-1. Furthermore, said restrictions shall not apply to any <br />subdivision of land in the remainder of the City in which all <br />parcels are ten (10) acres each or greater, subject to review <br />by the Planning Commission and approved by the City Council. <br /> <br />SECTION 5. APPEAL PROVISIONS <br /> <br />The City Council shall have the power to vary or modify the <br />application of any provisions in this ordinance upon its <br />determination in its absolute legislative discretion that such <br />variance or modification is consistent with the letter and <br />in_tent of the comprehensive plan or proposed amendment,upon <br />which this locatl ordinance is based, and with the health, safety <br />and general welfare of the City of Centerville. Upon receiving <br />any application for such variance or modification, the City <br />Clerk shall refer such application to the Planning Commission <br />of the City for report of said Planning Commission with respect <br />to the effect of the variance or modification upon existing <br />ordinances and regulations or proposed amendment. Such report <br />shall be returned by the Planning Commission of the City Council <br />within 60 days following the initial application and shall be <br />placed on the next agenda for the City Council. <br /> <br />SECTION 6. PENALTIES <br /> <br />Any person, firm, entity, or corporation who violates any <br />provisions of this ordinance shall be guilty of a misdemeanor <br />as defined by state law. <br /> <br />SECTION 7. VALIDITY <br /> <br />The validity of any word, sentence, section, clause, paragraph, <br />part or provision of this ordinance shall not affect the validity <br />of any other part of this ordinance which can be given effect <br />without invalid part or parts. <br /> <br />SECTION 8. EFFECTIVE DATE <br /> <br />This ordinance shall take effect upon adoption and publication <br />as required by law. <br /> <br />Adopted by the City Council of the City of Centerville this 12th <br />day of October, 1977. <br /> <br /> <br />'~ <br />~J <br />TREASURER <br /> <br /> <br />LLE <br /> <br />~ <br />