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SUMMARY ORDINANCE 2011-458 <br />NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE <br />OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE <br />ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL <br />DURING REGULAR BUSINESS HOURS. <br />TITLE: <br />An ordinance amending Chapter 90, Article II, Section 90-38 Variances <br />SUMMARY OF ORDINANCE: <br />Sec. 90-38. - Variances. <br />(a) Application requirements. This section outlines items that are required to make a <br />complete application. <br />(b) Hearing before board of appeals and adjustments. This section outlines the process for <br />public notice of a variance application. <br />(c) Findings required for approval. In order for the City to approve a request for a variance <br />the City must find that the application meets the following criteria 1-7. If the City finds any of <br />the criteria are not met the application shall be denied. <br />(1) Law -The variance as requested is permissible by law. <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are <br />practical difficulties in complying with the provisions of the zoning regulations. The term <br />"Practical Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a <br />reasonable manner not permitted by the zoning ordinance and; <br />b. Unique Circumstances. The plight of property owner is due to circumstances <br />unique to the property not created by the landowner and; <br />c. Character of Neighborhood. The variance, if granted, will not alter the <br />essential character of the neighborhood. <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and <br />intent of this chapter and with the policies of the City's Comprehensive Plan.. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of <br />flood protection than required by this chapter. The variance shall be determined the <br />minimum necessary, considering the flood hazard, to afford relief, and the variance shall <br />not be issued within any designated regulatory floodway if any increase in flood levels <br />during the base flood discharge would result. <br />1 <br />