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<br />page 2 of 3 <br />Ordinance No. 96- 99 <br />tixN <br />which would prohibit the Board of Zoning Appeals from granting use variances. Such proposed <br />amended Section 4(b) of Article VII shall read as follows: <br />ARTICLE VII <br />Section 4. Board of Zoning Appeals <br />(b) 7urisdiction. The Board of Zoning Appeals shall have the power to hear and decide <br />appeals for exceptions to and variances in the application of ordinances, orders or regulations of <br />administrative officials or agencies governing zoning in the municipality. The Board shall not <br />have the power, however, to grant and is expressly prohibited from granting use variances, that <br />is, variances from any provision of the zoning code relating to the uses which are permitted, <br />prohibited, or not specified in any zoning use district of the City. The Board of Zoning Appeals <br />shall have such additional powers as may be granted to it by ordinance of the municipality not <br />inconsistent or in conflict with the provisions of this Charter. Procedure before the Board of <br />Zoning Appeals shall be in accordance with the rules and regulations established by the Boazd of <br />Zoning Appeals. <br />SECTION 2. That if such amendment is approved by a majority of the electors voting <br />thereon at such election, it shall become effective from and after the time of its approval by the <br />electors. <br />SECTION 3. That the Clerk of Council is hereby authorized and directed to cause <br />a copy of the proposed Charter Amendment to be published in such manner as may be authorized <br />by law. <br />SECTION 4. That the Clerk of this Council be and she is hereby authorized and <br />directed to forward a certified copy of this Ordinance to the Board of Elections of Cuyahoga <br />County. <br />SECTION S. That the Board of Elections is hereby requested to cause appropriate <br />notice of such election to be duly given in accordance with law. <br />SECTION 6. That this Ordinance is hereby declared to be an emergency measure <br />immediately necessary for the preservation of the public health, safety and welfare, and for the <br />further reason that it is immediately necessary to enact this legislation so that this issue may be