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�, ' '�.. <br /> . .` <br /> '' l 1V11CROFlt�MED <br /> ORDINANCE NO. �� V <br /> ORDINANCE AMENDING ZONING ORDINANCE <br /> - BOARD OF APPEALS - <br /> WHEREAS, after notice as required by law and ordinance the <br /> Decatur City Plan Commission on July 1, 1976 , held a public hearing <br /> upon the petition of the Director of Community Development to <br /> modify and amend Section XXIII of the Zoning Ordinance concerning <br /> the power and duties of the Zoning Board of Appeals by adding <br /> paragraph B-2 (i) and also by adding additional language to para- <br /> graph C of said Section; and, <br /> WHEREAS, the Decatur City Plan Commission did recommend that <br /> the prayer of said petition be granted and that said Section XXIII <br /> be so modified and amended. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY <br /> OF DECATUR, ILLINOIS : <br /> Section 1 . That the recommendation of the Decatur City Plan <br /> Commission be, and the same is hereby, receiv�d, placed on file and <br /> approved. <br /> Section 2 . That Section XXIII of the Zoning Ordinance, the <br /> same being Ordinance No. 3512, as amended, be, and the same is <br /> hereby, further amended by adding the following as paragraph B-2 <br /> (i) of said Section: <br /> XXIII - B-2 (i) Variation of yard size requirements, set back <br /> requirements, building height or bulk limita- <br /> tions, or lot size or coverage limitations. <br /> Section 3. That Section XXIII of said Zoning Ordinance be, <br /> and the same is hereby, further amended by adding the following <br /> language at the beginning of paragraph C of said Section: <br /> XXIII - C. Variations shall be permitted by the Board only when <br /> they are in harmony with the general purpose and intent <br /> of the regulations and only in cases where there are <br /> practical difficulties or particular hardship in the way <br /> of carrying out the strict letter of any of those regu- <br /> lations relating to the construction or alteration of <br /> buildings or structures or the use of land. In its <br /> consideration of the standards of practical difficulties <br /> or particular hardship, the Board shall require evidence <br /> that (1) the property in question cannot yield a reasonable <br /> return if permitted to be used only under the conditions <br /> allowed by the applicable regulations; and (2) the plight <br /> of the owner is due to unique circumstances; and (3) <br /> the variation, if granted, will not alter the essential <br /> character of the locality. A variation shall be permitted <br /> only if the evidence, in the judgment of the Board, sus- <br /> tains each of the three conditions enumerated. Nothing <br /> herein permits , or shall be construed to permit, the Board <br />