1159.01 DETERMINATIONS.
Where specifically authorized by the provisions of this Code, the Commission may, subject to Section 1159.02 below, with the consent and approval of Council, make a determination that a requested Use which is not expressly listed as a permitted use within a particular Use District is a similar, harmonious, and compatible use within said District where the approval of said Use will not adversely affect other properties and is consistent with the spirit and intent of both the Use District and this Code. Where a Use is determined by the Commission and Council to be similar, harmonious, and compatible to the listed permitted uses in a District, it shall thereafter be treated as a permitted Use within the identified Use District. Such determinations by the Commission and Council shall be considered interpretations of this Code and not Use variances.
(Ord. 2018-94. Passed 10-21-19.)
1159.02 VARIANCE AUTHORITY.
(a) The Commission may authorize, upon appeal, in specific cases, such area variances from the terms of Chapters 1113, 1114, 1141, 1143, 1145,1146, 1157 of this Code, and Chapter 935 of the Streets and Public Services Code, as will not be contrary to the public interest, where, owing to special conditions or unique circumstances, a literal enforcement of the provisions or requirements this Code will result in a practical difficulty and so that the spirit of this Code shall be observed and substantial justice done.
(b) Except as specifically provided in Subsection (a) hereof, the Commission may recommend and the Council may authorize, upon appeal, in specific cases, such variances from the terms of this Code as will not be contrary to the public interest, where, owing to special conditions or unique circumstances, a literal enforcement of the provisions or requirements this Code will result in unnecessary hardship or practical difficulty and so that the spirit of this Code shall be observed and substantial justice done.
(Ord. 2018-94. Passed 10-21-19.)
1159.03 VARIANCE APPLICATIONS.
Each application for a variance shall be accompanied by a statement of justification for the requested variance along with substantiating evidence regarding the required findings of fact as set forth herein. It shall be the responsibility of each applicant to provide sufficient information and clear and convincing evidence to support the requested variance.
(Ord. 2018-94. Passed 10-21-19.)
Loading...