06-05-23: VARIANCES AND APPEALS:

   (1)   Appeals: Any person(s), firm, or corporation may appeal a decision of the director. Such an appeal must be filed within fifteen (15) calendar days of the director's decision being appealed.

      A.    A notice of appeal shall be submitted to development services in writing together with the filing fee.

      B.    The applicant must state the reasons why the director's decision should be overturned and the burden of proof is on the applicant to show that approval will not cause an adverse effect to the health, safety and welfare of the community. In granting an appeal the board may impose any necessary conditions.

      C.    Appeals shall be submitted and processed in accordance with the procedures outlined in chapter 7, article 5 of this code.

   (2)   Variances: The standards and requirements of these regulations may be modified or varied by the board if public interest is still served and when the enforcement of the rules will result in extraordinary hardship for those affected.

      A.    An applicant for such a variance must state the extraordinary hardship caused by the regulations and prove said approval will not cause an adverse effect to the public health, safety and welfare of the community. In granting any variance or modification, the board may impose any conditions necessary, in order to secure substantial compliance with the general principles of this chapter.

      B.    Variance application shall be submitted and processed in accordance with the procedures outlined in chapter 7, article 8 of this code. (Ord. 11-008, 5-23-2011)