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Ord #088-3rd ser/Amending code re: variances
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Ord #088-3rd ser/Amending code re: variances
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4/1/2015 12:43:20 PM
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(12) The granting of such variance will not merely serve as a convenience to the <br /> applicant,but is necessary to alleviate demonstrable ifficulty. <br /> (b) The board or council may impose conditions in granting of variances� <br /> . Anv conditions imnosed <br /> must be directiv related to and must bear a rough nronortionalitv to the imnact created bv <br /> the variance. No variance shall be granted or changed beyond the use permitted in this <br /> chapter in the district where such land is located. <br /> SECTION 4. The following language has been deleted and added to Section 78-1111(23)of the <br /> Orono City Code. <br /> (23) Variance means a modification of a specific permitted development standard <br /> required in an official control including this article to allow an alternative <br /> development standard not stated as acceptable in the official control,but only as <br /> applied to a particular property for the purpose of alleviating a�#�-practical <br /> difficulty as defined and elaborated upon in a <br /> community's respective planning and zoning enabling legislation. <br /> SECTION 5. The following language has been deleted and added to Section 78-1134 of the <br /> Orono City Code. <br /> Sec. 78-1134. Appeals and variances/duties of the city council. <br /> (a) Rules. The city council shall adopt rules for the conduct of business and may <br /> exercise all of the powers conferred on such bodies by state law. <br /> (b) Administrative review. The city council shall hear and decide appeals where it is <br /> alleged there is error in any order,requirement, decision, or determination made <br /> by an administrative official in the enforcement or administration of this article. <br /> (c) Yariances. The city council may authorize upon appeal in specific cases such <br /> relief or variance from the terms of this article as will not be contrary to the public <br /> interest and only�Y*'���� � m�*�-���� � �'� ���a�s�when practical <br /> difficulties exist ' , as <br /> provided for in the respective enabling legislation for planning and zoning for <br /> cities or counties as appropriate. In the granting of such variance, the city council <br /> shall clearly identify in writing the specific conditions that existed consistent with <br /> the criteria specified in this article, any other zoning regulations in the <br /> community, and in the respective enabling legislation that justified the granting of <br /> the variance.No variance shall have the effect of allowing in any district uses <br /> prohibited in that district, permit a lower degree of flood protection than the <br /> regulatory flood protection elevation for the particular area, or permit standards <br /> lower than those required by state law. The following additional variance criteria <br /> of the Federal Emergency Management Agency must be satisfied: <br /> 157769v1 3 <br />
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