Chapter 16.28
MODIFICATIONS AND APPEALS
Sections:
16.28.010 Exception in case of large scale development.
16.28.030 Hearing examiner action on variances.
16.28.010 Exception in case of large scale development.
The standards and requirements of this title may be modified by the hearing examiner in the case of a development plan approved as a planned development, provided the modifications are not detrimental to the public health, safety and welfare and provided the hearing examiner determines there are provisions for the circulation, light, air, recreation, public space and service needs of the developed tract and its relation to adjacent areas and for such covenants or other legal provisions as will assure conformity and achievement of the comprehensive plan. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 7.00, 1979)
16.28.020 Variances.
A. When necessary the hearing examiner may authorize variances to requirements of this title. Application for a variance shall be made by petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. The hearing examiner shall find that all of the following facts with respect thereto 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 the requirements rather than restrictions on physical improvements or design the petitioner shall apply for the variance in the above manner but is not required to meet the requirements as set forth in subsection A of this section.
C. The hearing examiner may authorize a variance only after a public hearing on the variance application has been held by them. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 7.02, 1979)
16.28.030 Hearing examiner action on variances.
In granting necessary variances the hearing examiner shall secure substantially the objectives of the regulations to which the variances are granted in order to preserve public health, safety, convenience and the general welfare. Conditions necessary for this purpose shall be specified in granting the variance and the hearing examiner shall make a written record of its findings and the facts in connection therewith and shall specifically and fully set forth the variance granted and the conditions designated. The community development department shall keep findings on file as a matter of public record. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 7.04, 1979)
16.28.040 Appeals.
Any decision approving or disapproving any plat shall be appealable in accordance with Chapter 19.07 EWMC. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 7.06, 1979)