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<br />VaJÚal'l.c.U <br /> <br />SECTION 43.7 Reapplication. (a) No application for a variance shall be <br />considered wlthin one year after final action taken in denying a previous <br />application relating to the same subject matter. <br /> <br />(b) Applications shall be deemed to relate to the same subject matter <br />if both of the following factors exist: (a) the same parcel of land affected <br />by the former application is the subject of the later application, and (b) <br />the nature of the variance applied for is substantially similar to the use <br />applied for in the former application. <br /> <br />(c) Determination of what constitutes the same subject matter and of <br />what date is the date of final action shall be made by the Planning Director <br />and shall be reviewed by the Commission if written request is made by the <br />applicant within five days of the Planning Director's determination. On <br />review, all decisions of the Commission shall be final. <br /> <br />SECTION 43.8 Use Variances. No variance shall be granted to permit the <br />establishment in any district of any use other than those uses permitted in <br />that district by this ordinance. <br /> <br />~EçTIQn.4~_.~_. ~~:r:'i~~S,=..£~!:I:ttDl!l-!Y'- Variances granted prior to the <br />adoptlon of thlS ordlnance or prior to the adoption of any district change <br />or other anendnent under this ordinance shall ref'lain in full force and effect <br />notwithstanding such change in zoning, provided that, if the variance initially <br />granted was limited to a specific structure or USe or was otherwise conditioned, <br />such limitations or conditions shall also remain i~ full force and effect. <br /> <br />79 <br />