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"iu. co-location or alternate technology is not feasible under the <br />standards of Section 28-107 of this ordinance; and, <br />"iv. the necessity for a variance is not due to any actions taken by <br />the applicant which by virtue of such actions make it <br />impossible for the setback requirements to be met. <br />"(3) Notice of a public hearing regarding an application for variance from <br />these setback requirements shall be published in a newspaper of <br />general circulation in the city no less than ten (10) days prior to the <br />hearing. During the public hearing any interested person may <br />comment on the proposed variance. No variance shall be granted <br />without at least five (5) Council members voting in support thereof. <br />Any variance granted may include such conditions or requirements <br />associated with the grant of variance as the City Council shall deem <br />necessary and appropriate. <br />"(4) No variance shall be granted under this Section 28-106(c) which <br />would constitute or cause a violation of the separation requirements <br />set out in Section 28-106(d) of this ordinance." <br />Section 4. That the sentences, paragraphs, sections, clauses, or other portions of this <br />ordinance are hereby declared to be severable; if any sentence, paragraph, section, clause, or other <br />portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, <br />the remainder of this ordinance shall not be affected thereby. <br />Section 5. That any existing ordinances or parts thereof in conflict with the provisions of this <br />ordinance are hereby repealed to the extent of such conflict only. <br />Section 6. That this ordinance shall be effective September 1, 2002. <br />PASSED AND ADOPTED this 8th day of August, 2002. <br />Michael J. Pfiester, Mayor <br />ATTEST: <br />Mattie Cunningham, City Clerk <br />