AG 2005 12 19 - Laserfiche WebLink

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. Chavter Twelve Administration and Enforcement D. That the variance is in harmony with and serves the general intent and purpose of this ordinance and the adopted Comprehensive Plan or portion thereof. E. That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this ordinance and the individual hardships that will be suffered by a failure of the Board to grant a variance. All of these findings of fact shall be made in the indicated order by the Commission~ which is not empowered to grant a variance without an affirmative finding of fact on all five categories above. Each finding of fact shall be supported by substantial evidence in the record of proceeding before the Commission. The Commission may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this ordinance. Section 12-21. Application of conditional use power. 1) The Commission in applying the conditional use power shall follow the standards contained in Chapter Eight, Conditional Uses, as well as its rules of procedure. Before any application for a conditional use shall be approved, the Commission shall make written findings certifying compliance with the specific standards governing each individual conditional use and the General Standards contained in Chapter Eight are met. The Commission shall make appropriate findings/ supported by evidence in its record, on each standard. 2) The Commission may impose reasonable conditions upon the installation and operation of any conditional use to insure that the public health, safety and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this Ordinance. Section 12-22. Application of interpretation power. An appeal from an order, requirement, decision or determination of the Zoning Administrator shall be decided by the Commission, based upon its findings of fact and to achieve the intent of the Ordinance. In exercising this power, the Board shall act in a prudent manner so that the purposes of the ordinance shall be served. The effect of the decision shall not be to vary the terms of the Ordinance nor add to the list of permitted uses in the districts. 12-15 I~ ~ ;,). (t! )