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HomeMy WebLinkAbout03-107.docAPRIL 8, 2003 03 - 107 ORDINANCE FIRST READING (CARRIED_______ LOST________ LAID OVER________ WITHDRAWN________) PURPOSE: AMEND ACCESS CONTROL ORDINANCE INITIATED BY: TRANSPORTATION DEPARTMENT/COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 25 - 104.2 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ACCESS CONTROL. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 25 - 104.2 of the Oshkosh Municipal Code pertaining to access contr ol is repealed and recreated as follows: SECTION 25 - 104.2 UNUSUAL CONDITIONS The Plan Commission is hereby authorized to grant in writing, variances from the strict application of driveway conditions and criteria provided it is determined that all the fo llowing conditions are present: (1) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city, or is due to the nature of the business or operation on the abutting property. (2) T hat the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (3) That exception or variance desired is not against the public interest, particularly safety, convenience and gener al welfare. (4) That the strict application of the terms of this chapter will impose unnecessary hardship on the property owner or tenant. The Director of Community Development or designee may require additional conditions that may be deemed necessary to meet the standards of this section. The Director of Community Development or designee shall have the authority to grant a variance for Section 25 - 104.1(h). SECTION 2. This Ordinance shall be in full force and effect from May 1, 2003 and after its p assage and publication.