Ord 1980-041 - Laserfiche WebLink

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I I SECTION D. Variances The Planning and Zoning Commission may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, con- venience and welfare in the vicinity. No variance shall be granted unless the Commission finds: 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of the land; and 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4. That the granting of the variance will not have the effect of prevent- ing the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance. Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the sub- divider, standing alone, shall not be deemed to constitute undue hardship. SECTION E. Appeal Any subdivider contesting any disapproval and/or the interpretation and/or the application of any rule, standard, regulation, determination, require- ment, or necessity set forth in this Ordinance shall have the right, after filing a written request with the Commission as set forth in this Ordinance, to have a hearing thereon before said body within twenty-one (21) days after the date of filing of such request. Decision of said body shall be final, and such further appeal shall be in accordance with appropriate law. SECTION F. City Attorney's Authority In behalf of the City, the City Attorney, when directed by the City Council shall institute appropriate action in a court of competent jurisdiction to enforce the provisions of this Ordinance or the standards referred to herein with respect to any violation thereof which occurs within the City, -10-