Ordinance No. 19197 - Laserfiche WebLink

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~9~g~ . specified regulation would result .in practical difficulty ar un- necessary physical hardship inconsistent with the objectives of the zoning ordinance. A practical difficulty or unnecessary phy- si cal hardship may result from the size, shape, or dimensions of a site, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity. fib} There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other prop- . erties classified in the same zoning district. ~c} The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or~improvements in the vicinity. In addition to the above criteria, the following three criteria apply to variances from off-street parking and loading requirements: ~d} Neither present nor anticipated future traffic volumes ,generated by the use of the site or uses of the sites i n the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation, fie} The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flaw of traffic on the streets. ~f} The granting of the variance will not create a safety hazard ar any other condition inconsistent with the objectives of the zoning ordinance. ~2} Tf a variance request requires re-examination of standards or policies, the building official can refer the matter to the planning commis- si on fora decision. ~3} The building official shall mail a copy of the decision to the applicant and persons who have requested a copy on the date it is rendered, ~4} Unless appealed, a decision is effective on the eleventh day after it is rendered. 9.742 A eat , . ~1} Building official variance decisions and other building offi- cial decisions relating to his or her interpretation of this ordinance may be appealed to the hearings official within ten days of the decision or in- terpretation, on a building division form. An appeal may be taken by the applicant, a person adversely affected by the decision, or a party entitled to notice. Variance appeals shall be based on the record and shall state haw the building official failed to properly evaluate the proposed variance or make a decision consistent with applicable criteria. ~2} Unless the applicant and appellant agree to a longer period, an appeal shall be considered at a hearing at which an opportunity is given for oral arguments on the .appeal within 15 days of its receipt. At least ten days prior to the hearing, the building official shall mail notice thereof to the applicant, appellant, and persons who requested a copy of the building official's decision, ~3} Within ten days of the hearing, unless the applicant and appellant agree to a longer period, the hearings official shall render a decision and mail a copy thereof to the applicant, appellant, and parties who have requested a copy. The hearings official's decision is final. Ordinance -~40-