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Ord 1984-071
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Ord 1984-071
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9/4/2007 3:00:14 PM
Creation date
9/4/2007 3:00:14 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Zoning
Number
1984-71
Date
6/13/1984
Volume Book
66
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<br /> -64- <br /> b. Waive or reduce the parking and loading <br /> requirements in any of the districts <br /> whenever the character or use of the <br /> building is such as to make unnecessary <br /> the full provisions of parking or loading <br /> facilities, or where such regulations <br /> would impose an unreasonable hardship upon <br /> the use of the lot, as contrasted with <br /> merely granting an advantage or a <br /> conven1ence. <br /> c. Permit the reconstruction of a nonconforming <br /> building which has been damaged to the <br /> extent of more than fifty (50) per cent of <br /> its replacement cost. <br /> d. If no structural alterations are made, any <br /> nonconforming use of structure, or structure <br /> and premises in combination, may, as a <br /> special exception, be changed to another <br /> nonconforming use, provided the board of <br /> adjustments shall find that the proposed <br /> nonconforming use is not more nonconforming <br /> in the district than the previously <br /> existing nonconforming use. <br /> 4. In permitting such exceptions, the board of <br /> adjustments may require any conditions and safe- <br /> guards as it shall deem appropriate to see the <br /> purpose and intent of this ordinance are met, <br /> and the violation of any such conditions or <br /> safeguards shall constitute a violation of this <br /> ordinance. <br /> 5. In exercising the above-mentioned powers, the <br /> board may, in conformity with the provisions of <br /> Article 1011a-j V.A.T.S., and this ordinance, <br /> reverse or affirm, wholly or partly, or may <br /> modify the order, requirement, decision or <br /> determination appealed from and make such <br /> order, requirement, decision or determination <br /> as ought to be made, and to that end shall <br /> have all the powers of the officer from whom <br /> the appeal is taken. <br /> 6. The concurring vote of four ( 4) members of the <br /> board shall be necessary to reverse any order, <br /> requirement, decision or determination of any <br /> administrative official, or to decide 1n favor <br /> of the applicant on any matter upon which it <br /> is required to pass under this ordinance, or <br /> to effect any variation in such ordinance. <br /> 7. No decision shall be effective for 15 days <br /> after the date it is made unless the City Manager <br /> and the petitioner waive, in writing, the <br /> right to appeal to the City Council. <br /> 8. Any party (including City departments) aggrieved <br /> by a decision of the zoning board of adjustments <br /> may appeal to the city council within 15 days <br /> of the decision appealed from by filing a written <br /> notice of appeal with the city secretary. The <br /> written notice of appeal shall specify the <br /> decision appealed from and the specific reasons <br /> why the decision was clearly erroneous. The city <br /> council shall render a decision within 45 days <br /> of receipt of the notice of appeal by the city <br /> secretary. The city council may, upon a showing <br /> of good cause, waive any of the time limits <br /> prescribed herein. <br />
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