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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Section 1123.15, Expiration of Order, be and the same is hereby <br />repealed, void and of no effect. <br />SECTION 2: That Section 1123.12 of the Zoning Code of the City of North which <br />reads as follows: <br />1123.12 APPEAL CONDITIONS <br />(a) Where there are practical difficulties or unnecessary hardships in the way of <br />carrying out the strict letter of the provisions of this Zoning Code, on appeal from the <br />decision of the Building Official, the Board of Zoning Appeals shall have the power in a <br />specific case to vary or modify the application of any such provision in harmony with the <br />general purpose and intent of the Zoning Code so that the public health, safety, morals, <br />general welfare and convenience may be secured and substantial justice done. Such <br />variance shall be limited to specific cases where the following conditions, also, exist: <br />(1) The practical difficulty or unnecessary hardship, which is inherent in and is <br />peculiar to the premises sought to be used because of physical size, shape or <br />other characteristics of such premises, or adjoining premises, which <br />differentiate such premises sought to be used from other premises in the same <br />district, and as to such premises sought to be used, shall create a difficulty or <br />hardship caused by a strict application of the provisions of the Zoning Code not <br />generally shared by other lands or structures in the same district; <br />(2) The refusal of the variance or modification appealed from shall deprive the <br />owner of premises sought to be used of substantial property rights; and <br />(3) The granting of the variance or modification appealed from shall not be <br />contrary to the purposes and intents of the provisions of the Zoning Code. <br />(b) In order to be entitled to relief under this section the appellant shall substantiate his <br />claim that each of the three conditions hereinbefore listed exist, and the Board shall make <br />a finding on each of such three conditions as they apply in each specific case as a <br />prerequisite of the granting of the variance or modification. <br />2