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ORDINANCE NO. 92-08 (as amended) <br />INTRODUCED BY: Mayor Pietrafese and Council as a Whole <br />AN ORDINANCE <br />CREATING SECTION 1149.08 REGULATING <br />THE PROCEDURES FOR VARIANCES GRANTED BY COUNCIL <br />WHEREAS, Section 12.01 of Article V of the Charter of the <br />Village of Mayfield grants to Council the, sole and exclusive <br />authority to permit exceptions to and variances from the Planning <br />and Zoning and Building Code regulations in all zoning or land use <br />classification districts other than single-family residential; and <br />WHEREAS, Article V, Section 12.1 establishes that Council may <br />permit exceptions to and variances from the Planning and Zoning <br />Code and Building Code only in individual cases as may be required <br />to afford justice and avoid practical difficulties to property <br />owners and users; and <br />WHEREAS, it is the intention of this legislation to provide <br />for certain procedures prior to the granting of any exceptions or <br />variances by Council as authorized by Article V, Section 12.1. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF HAYFIELD <br />VILLAGE, OHIO, THAT: <br />,~ <br />SECTION 1. That there is hereby and herein created Section <br />1149.08, which is hereby determined to be part of the Zoning and <br />Building Codes relevant to restrictions on the use of property and <br />buildings, which shall read as follows: <br />1149.08 VARIANCES BY COUNCIL. <br />Before any exceptions or variances from the Village <br />_ Zoning or Building Codes are granted by Council pursuant to <br />~' its exclusive authority in Article V, Section 12.1 of the <br />Charter of the Village of Mayfield, Council shall first read <br />and consider said legislation at three public meetings of <br />Council, with at least thirty days time between the first and <br />final readings of said legislation. Further, Council shall <br />hold a public hearing relative to said variance or exception, <br />giving thirty days notice of the time and place of such public <br />hearing in a newspaper of general circulation in the <br />municipality. Council shall grant variances and exceptions <br />only upon evidence of practical difficulties in the record of <br />the hearing and that the variance or exception is necessary to <br />afford justice to property owners and users. Council may not <br />suspend or dispense with these requirements under any <br />circumstances. <br />