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<br />3 Amended: 9/4/01 <br />2 Amended: 6/27/01 <br />1 Amended: 1/10/01 <br />Effective 9/5/00 <br />City of Centerville Ord. #4 <br /> <br />3. There are exceptional or <br />extraordinary circumstances or <br />conditions applicable to the <br />property, use or facilities that do not <br />apply generally to other properties <br />in the same district; and <br /> <br />4. There are exceptional or <br />extraordinary circumstances or <br />conditions applicable to the <br />property, use or facilities that do not <br />apply generally to other properties <br />in the same district; and <br /> <br />5. Strict or literal interpretation would <br />deprive the applicant of the use <br />and enjoyment of his property in a <br />manner similar to others in the <br />same district; and <br /> <br />6. Granting of the variance will not allow a <br />use which is otherwise not a <br />permitted use in the Zoning District <br />in question. <br /> <br />F. A Variance granted but not used shall become void one (1) year <br />after its effective date. <br /> <br />G. No application for the same or essentially the same Variance <br />shall be 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 <br />file an appeal to the City Council to the decision of the Board of <br />Appeals and Adjustments. The City Council shall set a date for <br />a public hearing, within forty-five (45) days of receipt of the <br />appeal, to consider granting or denying the variance request. <br /> <br />Page 71 of77 <br />