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<br />the spirit of the Ordinance shall be observed and substantial justice be done.
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<br />We will attempt, for the Board's benefit, to define a "variance" and an
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<br />lIexception". A variance is permission given by the Board of Adjustment to an
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<br />owner to use his property in a manner forbidden by the Zoning Ordinance. An
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<br />exception, on the other hand, allows an owner to put his property to a use that
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<br />the Zoning Ordinance expressly permits, that is the conditions permitting an
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<br />exception are found in' the regulations themselves. Thus the two terms are dis-
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<br />tinguishable in that a variance is authority extended to the owner to use his
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<br />property in a manner forbidden by the Zoning Ordinance, whereas an exception
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<br />allows him to put his property to ~ use that the Ordinance expressly permits.
<br />Another important distinction between an exception and a variance is that the
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<br />showing of unnecessary hardship has been associated only with the exercise of the
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<br />variance power. An ordinary showing of unnecessary hardship is not a prerequisite
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<br />to the grant of a permit for an exception. Another distinction between an ex-
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<br />ception and a variance relates, to the jurisdiction of the Board of Adjustment.
<br />A citizen may file his application for an exception directly with the Board for
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<br />which the Zoning Ordinance 95 in Section 16.03, Subsection 2 (a) expressly gives
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<br />permission as follows:
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<br />2. (a) Applications for exceptions to the provisions of this
<br />Ordinance shall be in writing and in duplicate by the pros-
<br />pective occupant and/or owner of the property. One such ap-
<br />plication shall be filed with the Board and/or duplicate of
<br />original of such application shall be filed with the City
<br />Inspector.
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<br />All variances shall be originated by an appeal from the decision of the
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<br />City Inspector. From a practical standpoint, the City Inspector will make a
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<br />decision on a request for a variance by refusing a certificate of occupancy in
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<br />compliance, and/or a building permit.
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<br />The Board of Adjustment also has the following powers and duties:
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<br />4. (a) To hear and decide appeals where it is alleged that there
<br />is an error in any order, requirement, decision, or determin-
<br />a~ion made by an administrative official in the enforcement of
<br />tlllis Ordinance.
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<br />This section ~rovides a citizen or the city the opportunity to appeal to
<br />you, as a Board, w~en they think there has been an error in the interpretation
<br />of the Zoning Ordi~ance by the administrative officials (normally the City In-
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<br />spector) in the enf,orcement of this Ordinance.
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<br />Section l6.02~4, Subsection (b) also gives the power to the Board as follows:
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