VARIANCES

§ 155.170 GENERALLY.

   Applications for variances to this chapter shall be submitted to the Planning Commission for recommendation. Upon receipt of a recommendation from the Planning Commission, the City Council shall either grant or deny the application for variance.

(Prior Code, § 48-241)

§ 155.171 CONDITIONS.

   The City Council, in passing on applications for variances to this chapter, will not approve such variance unless it finds that:

   (A)   Strict application of this chapter would produce undue hardship;

   (B)   The hardship is not shared generally by other properties in the same zoning district and the same vicinity;

   (C)   The authorization of the variance will not be a substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance;

   (D)   The granting of the variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice; and

   (E)   The condition or situation of the property concerned or the intended use of the property is not of so general or reoccurring a nature as to make reasonably practicable the formulation of a general amendment to this chapter.

(Prior Code, § 48-242)

§ 155.999 PENALTY.

   Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $500 per violation. The sale of each and every lot or parcel sold in violation of this chapter shall be considered a separate violation.

(Prior Code, § 48-262)