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33-89 Amend Zoning Code New Chpt 1120 "Conditional Uses"
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33-89 Amend Zoning Code New Chpt 1120 "Conditional Uses"
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5/14/2013 3:06:42 PM
Creation date
9/5/2003 12:18:47 PM
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Office Of Council
Document Type
Ordinances
Date
9/5/2003
Date Adopted
11/20/1989
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location within the multi-unit building) and to all <br />places within one thousand (1000) feet, and to any <br />neighborhood improvement organizations known to <br />exist in the area (who have informed the Board in <br />writing of their existence). Such notice shall be <br />delivered personally or by mail addressed to the <br />respective owners and if the tenant's name is not <br />known, the term "Occupant" may be used. <br /> <br />(5) The notice of application shall inform the <br />recipient of the applicant's name, the applicant's <br />'proposal, the local address and the lot number and <br />subdivision name of the premises in question, and <br />the section of the zoning ordinance under which the <br />proposal is being processed. Such notice shall <br />also invite the expression of comments, statements <br />or opinions either in writing, in person or via <br />telephone with a time period expiring not less than <br />fourteen (14) days from the mailing date of such <br />notice. <br /> <br />(6) Subsequent to the deadline for response to <br />the notice of application, a decision shall be made <br />by the Board of Zoning Appeals (taking into <br />consideration the comments, statements and opinions <br />expressed) to either approve, approve with <br />conditions or deny the proposal in accordance with <br />the standards set forth in this section. If no <br />protests to the proposal were received by the Board <br />response to the notice of application having been <br />mailed and if the applicant accepts the decision of <br />the Board this decision shall be deemed final and <br />shall take immediate effect. If, however, a <br />protest was received by the Board in response to <br />the notice of application having been mailed, this <br />decision shall not take effect until the expiration <br />of the appeal period set forth below. <br /> <br />(7) A copy of the decision of the Board of Zoning <br />Code Appeals shall be mailed to the applicant and <br />to all persons responding to the notice of <br />application. Any person aggrieved by the decision <br />by the Board may within fourteen (14) calendar days <br />after the mailing of said decision, appeal same to <br />City Council in accordance with the procedural <br />regulations established by Council rule. If an <br />appeal is filed by other than the applicant the <br />Board shall inform the applicant that an appeal has <br />been filed and that the Board's decision will not <br />take effect pending a public hearing and decision <br />by the Council. <br /> <br />(8) The Council may waive the locational <br />requirements upon appeal, of any of the regulated <br />uses if the findings required by this Section can <br />be made and after receiving a report from the Board <br />of Zoning Code Appeals. <br /> <br />(9) In approving a permit for any regulated use <br />the Board of Zoning Code Appeals may impose any <br />such conditions or limitations upon the <br />establishment, location construction, maintenance, <br />or operation of the regulated use as may in its <br />judgment be necessary for the protection of the <br />public interest. Any evidence and guarantee may be <br />required as proof that the conditions stipulated in <br />connection therewith will be fulfilled. <br /> <br />7 <br /> <br /> <br />
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