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<br />Effective 9/5/00 <br />City of Centerville Ord. #4 <br />which it considers necessary to meet the standards of this ordinance and to protect <br />the best interests of the surrounding area and the city as a whole. Violation of any <br />such condition is a violation of this Ordinance. The Board of Appeals and City <br />Council must find true the following, in the granting of a Variance from this <br />Ordinance: <br /> <br />1. Granting a Variance will not adversely affect the public health, <br />welfare and safety and will not be detrimental or <br />injurious to property or improvements in the neighborhood; and <br /> <br />2. Strict interpretation or enforcement would result in a practical <br />difficulty or unnecessary hardship that is not self created, that <br />is inconsistent with the intent of this Ordinance and the <br />Comprehensive Plan; and <br /> <br />3. There are exceptional or extraordinary circumstances or <br />conditions applicable to the property, use or facilities that do <br />not apply generally to other properties in the same district; and <br /> <br />4. There are exceptional or extraordinary circumstances or <br />conditions applicable to the property. use or facilities that do <br />not apply generally to other properties in the same district; and <br /> <br />5. Strict or literal interpretation would deprive the applicant of the <br />use and enjoyment of his property in a manner similar to <br />others in the same district; and <br /> <br />6. Granting of the variance will not allow a use which is otherwise <br />not a permitted use in the Zoning District in question. <br /> <br />F. A Variance granted but not used shall become void one (1) year after its effective <br />date. <br /> <br />G. No application for the same or essentially the same Variance shall be made within <br />six (6) months of the date of denial. <br /> <br />Section 180-030: Variance Appeal Procedures. <br /> <br />A. Within thirty (30) days of the action of the Board of Appeals and Adjustments, the <br />applicant or an affected property owner may file an appeal to the City Council to the <br />decision of the Board of Appeals and Adjustments. The City Council shall set a <br />date for a public hearing, within forty-five (45) days of receipt of the appeal, to <br />consider granting or denying the variance request. <br /> <br />B. The City Council shall have the power and duty of hearing and deciding appeals <br />where it is alleged that there is an error in any order, requirement, decision or <br />determination made by the administrative officer, enforcement officer, or by the <br />Planning and Zoning Commission in the administration or enforcement of this <br /> <br />Page 55 of 59 <br />