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1939 (#1073-1083)
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1939 (#1073-1083)
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1/3/2012 1:07:11 PM
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Pre-Charter
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1939
Pre-Charter - Doc Type
Ordinances
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· conform in every respect with the provisions herein set forth for the district in which <br />such building or ~mprovement is located as shown on the ~istricting map, except to make <br />said building or i~provement Int~ a conforming building and thereafter ssme shall only <br />be used for conforming use. <br /> <br /> 5. A non-conforming use of any premises or portion thereof occupying a <br />conforming building or portion thereof, or occupying any lot or premises and not housed <br />in a building shall not be enlarged or extended into any other portion of the conformir <br />building or into lot or building-site not actually so occupied at the time such use <br />became non-conforming nor shall such use be changed except to a conforming use. If <br />such a non-conforming use of any premises or portions thereof is discontinued or change <br />to a conforming use, it shall not thereafter be re-established or reopened. <br /> <br /> 6. Subject to the limitations contained in this ordinance the particular <br />use of any building, structure, improvement or pre~~tses existing at the time this <br />ordinance becomes effective may be continued in the event that such use is not in <br />violation of any other ordinance or law. <br /> <br />SECTION 12: VARIANCES AND CONDITIONAL EXCEPTIONS. <br /> <br /> When practical difficulties, unnecesssrily severe hardships or results <br />inconsistent with the general purpose of this ordinance occur through the strict <br />interpretation of the provisions hereof, the Planning Commission of the City of Santa <br />Ana upon its own motion or upon the ve~ fled petition of any property owner, may grant <br />such variance, in the manner provided herein, from the terms of this ordinance as it <br />deems to be necessary to assure that its spirit and purpose will be observed, public <br />safety and welfare secured, and substantial Justice done. The granting of such varian <br />shall conform to the following procedures and considerations: <br /> <br /> (a) Upon the filing of a verified petition by a property.owner, or upon its <br />own motion, the Planning Commission of the City of Santa Aha shall give public notice <br />of the intention to consider the granting of a variance as provided in Sections 12 and <br />14 hereof. <br /> <br /> (b) Not more than thirty (30) days following said hearing the Planning <br />Commission shall announce its findings by formal resolution, and said resolution shall <br />recite among other things the facts and reasons which, in the opinion of the Planning <br />Commission, make the grant~g or denial of the variance necessary to carry out the <br />provisions of this Section and the general purpose of this ordinance, and if such <br />resolution recommends that ~he variance be granted, it shall also recite such conditior <br />and limitations as may be imposed to serve the purposes of this Section. <br /> <br /> Such resolutions shall be n~nnbered consecutively in the order of their passage <br />and shall become a permanent record of the Planning Commission, and when so recorded <br />shall be referred to the City Council of the City of Santa Aha, as provided in Section <br />14 and if approved by the City Council such resolution shall govern all administrative <br />processes with reference to the property involved. <br /> <br />(c) Before any variance may be granted, it shall be shown: <br /> <br /> 1. That special circumstances attach to the property or to the intended use <br />covered by the application or in the motion of the Planning Commission which do not <br />generally apply to the other property in the same district and vicinity. <br /> <br /> 2. That because of said special circumstances, property covered by applicatio <br />or motion of the Planning Commission is deprived of privileges possessed by other <br />properties in the same district and vicinity, and that the g ranting of the variance is <br />essential to the enjoyment of a substantial property right possessed by other property <br />in the same district andvicinity. <br /> <br /> 3. That granting the variance will not result in material damage or <br />prejudice to other property in the same district and vicinity. <br /> <br /> (d~ Application for a variance shall set forth in detail such facts as in the <br />opinion of the applicant pertain to sub-paragraphs l, 2 and 3 of peragraph (c) of this <br />Section. <br /> <br /> All acts of the Planning Commission ~uder the provisions of this Section shall <br />be construed as administrative acts performed for the purpose of assuring that the <br />intent and purposes of this ordLuance shall apply in special cases as defined in this <br />Section, and shall not be construed as amendments of the provisions of this ordinance <br />or of the map which is a part hereof. <br /> <br />SECTION 13: REQUESTS FOR A~END~fENTS. <br /> <br /> Whenever the owner of any land or building desires a reclassification of his <br />p~operty, he shall present to the City Council or the Planing Commission of the City <br />of Santa Aha a petition duly signed and aclmowledged by him requesting an amendment, <br />suppl~nent or change of the regulations ~r escribed for such property. The Planning <br />Commission shall provide for such hearings as may be required by law for amendments, <br />extensions or additions to the districting plan, for recommendations upon the boundaries <br />of the district to be changed and such other matters as may be related to said petition <br />and said City Planning Commission sh~ll take its final action upon said petition as set <br />forth in Section 14. If such petition is presented to the City Council, it shall be <br />imm~edlately referred by such City Council to the Planning Commissi on. Said Planning <br />Commission shall report back thereon within n-~nety (90) days after the first meeting <br />of such Planning Com2uission subsequent to the date of such reference, unless said time <br />be extended by said Council. <br /> <br />SECTION 14: .PETITIONS~ NOTICES~ INVESTIGATIONS AND HFJ~RINGS. <br /> <br />Petitions. The Planning Commission shall prescribe the form in which <br /> <br />155 <br /> <br /> <br />
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