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2002-33 AMENDING ZONING ORDINANCE
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2002-33 AMENDING ZONING ORDINANCE
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3/1/2016 2:07:11 PM
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Resolution/Ordinance
Res Ord Num
2002-33
Res Ord Title
AMENDING ZONING ORDINANCE
Approved Date
5/6/2002
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4. Variances to parking and loading regulations. <br /> The Board may grant variances to the parking and loading regulations that appear <br /> in Section XXIV of this Ordinance, including the parkin�req_uirements that apply I <br /> to temporary restaurant facilities, as defined in Section II of this Ordinance . The <br /> variance granted shall not reduce the minimum requirement more than 50 percent, <br /> except as provided in subparagraph 5,below. The Board will base its decision <br /> upon the Decatur Comprehensive Plan and upon the determination that the literal <br /> enforcement of this Section would create an unnecessary surplus of parking and <br /> loading spaces. <br /> 5. Housing for elderly families. <br /> The Board may grant variances to the parking and loading regulation that appear in <br /> Section XXIV of this Ordinance. The variance granted may reduce the minimum <br /> requirement by up to 75 percent, subject to final approval by the City Council. <br /> Grounds for approval are the same as provided in subparagraph 4, above. <br /> 6. Off street parking in residential districts. <br /> The Board is authorized to permit an off-street parking area in any Residential <br /> zoning district which serves a use located in an adjacent non-residential district. <br /> The Board will base its decision on the City of Decatur Comprehensive Plan and <br /> upon the determination that the off-street parking would relieve traffic congestion <br /> on the street. The Board, in granting the application, will find that the proposed <br /> off-street parking area meets the standards specified in Section XXIV of this <br /> Ordinance; that it will be located within reasonable proximity to the use which it is <br /> intended to serve; and that it will be developed in a manner which will have no <br /> adverse effect to any neighboring residential property. <br /> 7. Height, area, and setback variances. <br /> The Board may grant variances to yard size requirements, setback requirements <br /> (includin�setbacks requirements for temporary restaurant facilities as defined in <br /> Section II of this Ordinancel,building height or bulk limitations, or lot size or <br /> coverage limitations. The Board, in granting the variance,will base its decision <br /> upon the City of Decatur Comprehensive Plan and will find that the variance will <br /> not create a safety hazard or exacerbate an existing safety hazard; and that the <br /> variance if approved will cause no detriment to the overall health, safety, or <br /> welfare of the City as a whole or to any neighboring property. <br /> C. PROCEDURE <br /> l. Variances—generally. <br /> Variances shall be granted by the Board only if the relief being petitioned is <br /> found to be in harmony with the general purpose and intent of the City of Decatur <br /> Comprehensive Plan and with the regulations of this Ordinance and only in cases <br /> in which the Board finds the existence of practical difficulties or a non-economic <br /> hardship which render the strict implementation of the provisions of this <br /> Ordinance impracticable. <br /> 153 <br />
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