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2002-09-03 P & Z Agenda
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2002-09-03 P & Z Agenda
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<br />Effective 9/5100 <br />City of CenterviUe Ord. #4 <br /> <br />of this Ordinance; and <br /> <br />C. Granting the Variance requested will not confer on the applicant any special <br />privilege that is denied by this Ordinance to other lands, structures, or buildings in <br />the same district; and <br /> <br />D. The proposed Variance will not impair an adequate supply of light and air to <br />adjacent property, or unreasonably diminish or impair established property values <br />within the surrounding area, or in any other respect impair the public health, safety, <br />or welfare of the residents of the city; and <br /> <br />E. Any person filing a petition requesting a variance or an amendment of the Zoning <br />Ordinance rezoning property or changing regulations within any use district shall pay <br />a fee according to the Schedule established by resolution of the City Council. The <br />fee is payable at the time of filing a Petition and is not refundable. <br /> <br />Section 180-010: Board of Appeals and Adjustments. The Planning and Zoning Commission shall <br />act as the Board of Appeals and Adjustments and shall have the powerto hear and recommend requests <br />for the following: <br /> <br />A. Interpretation: Hearing appeals where it is alleged that there is an error in a <br />decision or judgment made by an Administrative Officer in the interpretation or <br />enforcement of this Ordinance or in the interpretation of Zoning District boundaries; <br />and <br /> <br />B. Variances: Recommend variances from literal ordinance requirements in instances <br />where strict enforcement would cause undue hardship because of circumstances <br />unique to the individual property under construction. <br /> <br />Section 180-020: Variance Procedures <br /> <br />A. Applications provided by the City must be completed in writing prior to any <br />consideration of Variance Petitions. Fees for Variances are established by <br />resolution of the City Council. <br /> <br />B. The Board of Appeals and Adjustments may require the applicant to provide copies <br />of plans, maps, surveys, etc., as deemed necessary, to ensure proper review and <br />consideration of variance petitions. <br /> <br />C. After filing an application, the City Clerk shall set a date fora public hearing. Notice <br />of the hearing shall be posted and published at least ten (10) days prior to the date <br />of the hearing, and notice shall be mailed to each property owner within three <br />hundred fifty (350) feet of the property to which the Variance relates. Defects in the <br />notice or failure to notify individual property owners shall not validate the <br />proceedings, provided a good faith effort was made to comply with these provisions. <br /> <br />D. Upon the hearing request, the Board of Appeals and Adjustments shall either <br />recommend approval or denial for the Variance and shall state the reasons for said <br />Page 54 of 59 <br />
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