Chapter 16.32
MODIFICATIONS AND APPEALS

Sections:

16.32.010    Appeals and variances.

16.32.030    Board of adjustment action.

16.32.010 Appeals and variances.

Applicants may request a variance or appeal any decision to require further study under this chapter or subsequently adopted rules in writing to the board of adjustment within fourteen calendar days of the date a notice for a special study was mailed.  Public notice shall be given in accordance with Section 16.08.250.  (Ord. 1259 §2(part), 1999)

16.32.030 Board of adjustment action.

When necessary the board of adjustment may authorize variances to requirements of this title in order to preserve the public health, safety, and welfare.  Conditions necessary for this purpose shall be specified in granting the variance and the board of adjustment shall make a written record of its findings and facts in connection therewith and shall specifically and fully set forth the variance granted and the conditions designated.

A.    Application for a variance shall be made by petition, stating fully the grounds of the application and the facts relied upon by the petitioner.  The board of adjustment shall find that all of the following facts are met:

1.    That there are special circumstances or conditions affecting the property that are not common to all other properties in the area;

2.    That the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by the other properties in the same vicinity and that extraordinary hardship would result from strict compliance with these regulations because of the special circumstances or conditions affecting the property;

3.    That the granting of a variance will not be detrimental to the public health, safety or welfare or injurious to other property in the vicinity of the property involved.

B.    When variances are sought concerning the administration of requirements rather than restrictions on physical improvements or design the petitioner shall apply for a variance in the above manner but is not required to meet the requirements as set forth in subsection A of this section.

C.    The board of adjustment may authorize a variance only after a public hearing on the variance application has been held by them.  (Ord. 1259 §2(part), 1999)