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Ordinance 3528-16
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Ordinance 3528-16
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12/23/2016 9:51:17 AM
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12/23/2016 9:51:07 AM
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Ordinances
Ordinance Number
3528-16
Date
12/21/2016
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(6) EXEMPTIONS <br /> A. Exceptions/variances (exceptions) to the Minimum Requirements may be <br /> granted following legal public notice of an application for an exception or <br /> variance, legal public notice of the City's decision on the application, and <br /> written findings of fact that documents the City's determination to grant an <br /> exception. <br /> B. The City may grant an exception to the minimum requirements if such <br /> application imposes a severe and unexpected economic hardship. For the City <br /> to determine whether the application imposes a severe and unexpected <br /> economic hardship on the project applicant, the project applicant must <br /> consider and document with written findings of fact the following: <br /> (a) The current(pre-project)use of the site, and <br /> (b) How the application of the minimum requirements(s) restricts <br /> the proposed use of the site compared to the restrictions that <br /> existed prior to the adoption of the Minimum Requirements; <br /> and <br /> (c) The possible remaining uses of the site if the exception were <br /> not granted; and <br /> (d) The uses of the site would have been allowed prior to the <br /> adoption of the Minimum Requirements; and <br /> (e) A comparison of the estimated amount and percentage of value <br /> loss as a result of the minimum requirements versus the <br /> estimated amount and percentage of value loss as a result of <br /> requirements that existed prior to adoption of the Minimum <br /> Requirements; and <br /> (f) The feasibility for the owner to alter the project to apply the <br /> Minimum Requirements. <br /> C. In addition any exception must meet the following criteria: <br /> (a) The exception will not increase risk to the public health and <br /> welfare, nor be injurious to other properties in the vicinity <br /> 21 <br />
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