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ARTI CLE 43 VARIANCES SECTION 43.l Variances. Variances to the strict application of this ordinance may be granted by the Commission in accordance with the provisions of this article. SECTION 43.2 Applications. Applications shall be filed with the Planning Department by the owner of the property affected or his agent. Every application shall be accompanied by a nonrefundable fee of Twenty-five Dollars ($25.00) and shall also be accompanied by such legal descriptions, maps or plats, drawings, and other reasonable, pertinent information as may be required by the Planning Departmen t . SECTION 43.3 Public Hearing. The Commission shall set every variance for public hearing and notice of such public hearing shall be given as provided in Article 49. SECTION 43.4 Commission Action. On review of the application, the Commission shall approve, conditionally approve or deny the application as the Commission finds appropriate. A variance shall be granted only when the applicant establishes, and the Commission finds, that the following circumstances exist: ( a) That any variance granted shall be subject to such conditions will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. as (b) That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. ( c) That the condition or situation of the specific parcel or the intended use for which the variance is sought is not of so general or recurrent nature as to make reasonably practicable the formulation of a general regulation for conditions or situations. (d) That the granting of the variance will not be contrary to the intent of this ordinance or to the public safety, health and welfare. (e) That due to special circumstances or exceptional characteristics of the property, or its location, the strict application of this ordinance would result in practical difficulties and unnecessary hardship. SECTION 43.5 Conditions. The Commission may attach such conditions or requirements, in addition to those expressly provided for in this ordinance, as the Commission finds necessary to obtain the objectives and purposes of this ordinance or necessary to protect adjacent properties or the public interest. SECTION 43.6 Expiration. In any case where a variance has not been within one year from the date of granting by beginning of construction of improvements or by the initiation of the activity which is the subject of variance, the variance shall automatically terminate and be of no further effect. used the the 78