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1977_Ordinances
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1977_Ordinances
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Page 8 <br />the exceptional narrowness, shallowness, size or shape of a specific piece <br />•of property at the time of the effective date of the ordinance, or where <br />by reason of exceptional topographic conditions or other extraordinary <br />situation or condition of such piece of property, or of the use or dev- <br />elopment of property immediately adjacent thereto, the strict application <br />of the terms of the ordinance would effectively prohibit or unreasonably <br />restrict the use of the property or where the board is satisfied, upon <br />the evidence heard by it, that the granting of such variance will <br />alleviate a clearly demonstrable hardship approaching confiscation, as <br />distinguished from a special privilege or convenience sought by the <br />applicant, provided that all variances shall be in harmony with the intend- <br />ed spirit and purpose of the ordinance. <br />(d) If the board of zoning appeals finds, after hearing, that the <br />conditions above -enumerated have been satisfied and the board further <br />finds that the variance is the minimum variance that will make possible <br />the reasonable use of the land, building or structure and that granting the <br />variance will be in harmony with the general purposes of this chapter and <br />will not be injurious to the neighborhood or otherwise detrimental to the <br />public welfare, it may grant the variance. If, for any reason, any of <br />the above findings cannot be made, the board shall deny the petition for <br />a variance. The required findings must be made a part of the board's <br />order. <br />• (e) In granting any variance the board of zoning appeals may <br />prescribe appropriate conditions and safeguards in conformity with this <br />chapter. <br />(f) Under no circumstances shall the board grant a variance to <br />allow a use not permitted under the terms of this chapter in the district <br />involved. <br />Section 31-240. Fee. <br />Each appeal to the board of zoning appeals shall be accompanied by <br />a fee of fifty dollars to defray the expense of processing such appeal. <br />Such fee shall be paid to the city treasurer direeter-ef-f#aanee. <br />Section 31-251. Height of chimneys, church steeples or towers. <br />Chimneys, church steeples, cooling towers, elevator bulkheads, <br />windmills, solar energy equipment, fire towers, monuments, stacks, stage <br />towers or scenery lofts, tanks, water towers, radio and television towers, <br />grain elevators, or necessary mechanical appurtenances, may be erected <br />to any height above and beyond the height allowed in the district where <br />the same may be located. <br />• <br />
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