Article 7 — VARIANCES, WAIVERS AND NONCONFORMING USES

(Amended by O-1754)

Variances may be granted from any of the provisions of this Chapter in accordance with the provisions of Article 1, Chapter 4, Division 9; provided, however, that with the approval of the Chairman of the Planning Commission, a petition for a variance may be heard by the City Council without a hearing thereon having been held before the Planning Commission; and provided further that the decision of the City Council shall be final and effective upon the passage of the motion granting the variance. The Chairman of the Planning Commission may delegate such authority to any other member of the Commission with the approval of the Commission. Such approval shall not be given unless, in the opinion of said Chairman or nominee, the petitioner otherwise will suffer irreparable harm. The decision of the Chairman or such nominee shall not be appealable.

The standards required in Article 6 of this Chapter shall apply to land used for commercial, industrial, schools, churches, hospitals, or public assembly purposes; provided, however, that an exception may be granted by waiver as set forth in Article 2 of Chapter 4 of this Division.

Exceptions to nonconforming uses shall be granted in relation to the provisions of this Chapter pursuant to Article 22 of Chapter 2 of this Division.

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