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The Board shall have the power to make variances from the provisions of this Zoning Code in cases where the strict application of the provisions of this Code would result in practical difficulty or unnecessary hardship. The Board shall have the power to impose additional conditions and safeguards other than those stated in this Zoning Code when granting variances. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance use is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99.
In authorizing a variance with conditions the Board may require a guarantee or bond as it may deem necessary to enforce compliance with such conditions.
No variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds that all of the following facts and conditions substantially exist:
A. That there are exceptional or extraordinary conditions applying to the property that do not apply to other properties in the same zoning district.
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
C. That the authorization of such variance will not be of substantial detriment to adjacent property and will not impair the purposes of this Zoning Code or the public interest.
D. That there are unique physical circumstances or conditions applying to the property in question such as irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions.
E. That such variance shall, in no manner or guise, be construed to mean a change of use or density but shall mean only a variation or modification from the provisions of this Zoning Code.
(Ord. 98-176. Passed 8-3-98.)
In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99. Under no circumstances shall the Board grant an appeal or variance to allow a use not permissible under the terms of this Code in the district involved, or any use prohibited by the terms of this Code in such district.
(Ord. 98-176. Passed 8-3-98.)
Before holding the public hearing required in Section 1127.14, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed variance.
(Ord. 98-176. Passed 8-3-98.)
Before holding the public hearing required in Section 1127.14, written notice of such hearing shall be mailed by first class mail, or hand delivered, at least ten (10) days before the day of the hearing to the property owner, the petitioner and the owners of property contiguous to and directly across the street, road or highway from such property. The failure to mail or deliver the notification as provided in this Code shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1127.15.
(Ord. 98-176. Passed 8-3-98.)
Within thirty (30) days after the public hearing required in Section 1127.14, the Board shall either approve, approve with supplementary conditions as specified in Section 1127.17, or disapprove the request for a variance pursuant to the provisions of this chapter. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance and demonstrate that the decision will make possible a reasonable use of the land, building or structure.
(Ord. 98-176. Passed 8-3-98.)
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