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5 Amended: 4 Amended: 2119/02 3 Amended: 9/4/01 2 Amended: sa!01 I Amended: 1130/0 I Effi:ctive 9/5/00 City ofCenterville Ord. #4 4. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district; and 5. Strict or literal interpretation would deprive the applicant ofthe use and enjoyment of his property in a manner similar to others in the same district; and 6. Granting of the variance will not allow a use which is otherwise not a permitted use in the Zoning District in question. F. A Variance granted but not used shall become void one (1) year after its effective date. G. No application for the same or essentially the same Variance shall be made within six (6) months of the date of denial. Section 185-030: Variance Appeal Procedures. A. Within thirty (30) days of the action of the Board of Appeals and Adjustments, the applicant or an affected property owner may file an appeal to the City Council to the decision of the Board of Appeals and Adjustments. The City Council shall set a date for a public hearing, within forty-five (45) days of receipt of the appeal, to consider granting or denying the variance request. B. The City Council shall have the power and duty of hearing and deciding appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the administrative officer, enforcement officer, or by the Planning and Zoning Commission in the administration or enforcement of this Ordinance. C. Procedure. An appeal for Administrative Review may be taken to the Council by any person, firm or corporation or any city officer, department, or agency affected by an adverse decision in the administration or enforcement of this Ordinance. Such an appeal shall be taken by filing a Notice of Appeal specifying the grounds thereof with the Zoning Administrator, and the Council within thirty (30) days after the decision. If the Appeal is not taken by the owner of the property, which is the subject matter of the decision appealed from, the Notice shall not be so filed until after it has been served upon such owner either in person or by mail. The Zoning Administrator shall forthwith transmit to the Council all papers constituting the record upon which the action appealed from was taken. An Appeal for an Administrative Review or a Variance stays all proceedings, including criminal --'>.">-~""""".'""'"""~--'- P:=\o~ .-In.'hf 11