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• <br /> Section 11: UNUSUAL CON.DI'TIONS. The City Council is hereby <br /> authorized to grant, in writing, variances from the regulations and <br /> requirements of this ordinance, providing they first determine that <br /> the following conditions are present: <br /> (a) The variance requested arises from peculiar physical <br /> conditions not ordinarily existing in similar dis- <br /> tricts in the City or is due to the nature of the <br /> business or operation upon the applicant 's property. <br /> (b) That the variance requested is not against the public <br /> interest, particularly safety, convenience and general <br /> welfare. <br /> (c) That the ;;ranting of the permit for the variance will <br /> not adversely affect the rights of the adjacent pro- <br /> perty owners or tenants. <br /> (d) That the terms of this ordinance will work unnecessary <br /> hardship on the applicant, property owner or tenant. <br /> Section l2: REPLACEMENT. When, in the judgment of the City <br /> Council the continued use of a driveway approach is hazardous to <br /> pedestrians or traffic or whenever the use of the driveway shall be <br /> discontinued, the owner of the abutting property shall, upon notice <br /> from the City Council remove the driveway approach and replace the <br /> sidewalk and public property in accordance with City Specifications <br /> and under the supervision of the City Engineer. <br /> Section 13: SAVING CLAUSE. If any section or part thereof <br /> of this ordinance shall be held illegal, unconstitutional or void, <br /> this shall not be construed to render void any other provision or <br /> requirement of this ordinance. <br /> Section 14: PENALTIi'S. Any person, firm or corporation <br /> violating any of the provisions of this ordinance, or causing, <br /> permitting or suffering the same to be done, shall be guilty of a <br /> misdemeanor and upon conviction shall be fined not more than 4100.00. <br /> Each such person, firm or corporation shall be deemed guilty of a <br /> separate offense for each and every day or portion thereof during <br /> which any violation of any of the provisions of this ordinance is <br /> committed, continued or permitted. <br /> Section 15: REPEALS. That Ordinance No. 2610 and all other <br /> ordinances, or parts of ordinancesof this City, in conflict herewith <br /> are hereby repealed. <br /> M 'o r <br /> Attest: <br /> / <br /> {P- City Pier <br /> Passed: Feb, 8, 1955 <br /> Published: Feb, 15, 1955 <br />