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MunicodePage 1of 2 <br />EXHIBIT C <br />Sec. 106-192. Variance. <br />(a)Application for variances. All applications for a variance from the terms of this chapter shall <br />be in writing and shall specify the facts involved, the relief desired, and the grounds thereof. <br />Each such application shall be filed with the enforcement officer who after investigation shall <br />transmit such application together with his report to the board of adjustment within ten days <br />after the filing of the application with the enforcement officer. <br />(b) <br />Findings of fact/definition of hardship. <br />(1) <br />The term "variance" shall mean a deviation from the literal provisions of this chapter <br />which is granted by the board when strict conformity to this chapter would cause an <br />unnecessary hardship because of the circumstances unique to the property on which <br />the variance is granted. <br />(2) <br />Except as otherwise prohibited, the board is empowered to authorize a variance from <br />a requirement of this chapter when the board finds that all of the following conditions <br />have been met: <br />a. <br />That the granting of the variance will not be contrary to the public interest; <br />b. <br />That literal enforcement of this chapter will result in unnecessary hardship <br />because of exceptional narrowness, shallowness, shape, topography or other <br />extraordinary or exceptional physical situation unique to the specific piece of <br />property in question. "Unnecessary hardship" shall mean physical hardship <br />relating to the property itself as distinguished from a hardship relating to <br />convenience, financial considerations or caprice, and the hardship must not <br />result from the applicant or property owner's own actions; and <br />c. <br />That by granting the variance, the spirit of this chapter will be observed. <br />(3) <br />The applicant shall have the burden of proving to the board that the foregoing <br />conditions have been met. <br />(c) <br />Use variance prohibited. No variance shall be granted to permit a use in a zoning district in <br />which that use is prohibited. <br />(d) <br />Hearings on applications for variances. The board of adjustment shall fix a reasonable time <br />for the hearing of all applications for variances, give public notice thereof, as well as due <br />notice to the parties in interest, and decide the same within a reasonable time, as specified in <br />section 106-194. Upon the hearing any party may appear in person or by agent or by <br />attorney. <br />Sec. 106-193. Additional conditions. <br />The board is empowered to impose upon any variance or special exception any condition <br />reasonably necessary to protect the public interest and community welfare. <br />Sec. 106-194. Notice of public hearings before the board of adjustment. <br />(a)The notice of public hearings provided for in this section shall be given by publication once in <br />a newspaper of general circulation in the city stating the time and place of such hearings, <br />which shall not be earlier than ten days from the date of such publication, and in addition <br />thereto, the board of adjustment shall mail notices of such hearing to the petitioner and to all <br />owners of property lying within 200 feet of any point of the lot or portion thereof, on which a <br />https://library.municode.com/print.aspx?h=&clientID=11102&HTMRequest=https%3a%...819201 <br />2//4 <br /> <br />