Ordinance 3509-16 - Laserfiche WebLink

C. Variances granted pursuant to this ordinance shall be in writing and must include the time period the variance will be in effect and the location of the variance. D. The administrator may deny a variance application if: 1. The administrator determines that the applicant does not meet the criteria listed in subsection B of this section; or 2. The variance was obtained with false or misleading information. E. The administrator may revoke a variance if: 1. At any time during the variance the administrator determines that the variance holder no longer meets the criteria listed in subsection B of this section; 2. The variance holder causes or permits noise that fails to comply with the variance or other provisions of this ordinance not affected by the variance and the issuance of a violation citation or stop work order has been or would be ineffective to secure compliance; or 3. The variance was obtained with false or misleading information. F. The variance holder must post the variance in a viewable area at the location of the variance or keep it on their person during the effective period of the variance. G. If the administrator grants a variance, notice shall be mailed by first class mail to those property owners appearing on the list provided by the applicant per the application requirement herein. The applicant shall be responsible for paying all mailing costs, which shall be in addition to the variance application fee. H. Any variance granted by the administrator shall be restricted in duration and an implementation schedule for achieving compliance with this ordinance shall be incorporated therein. No variance shall exceed thirty (30) days. Variances may be renewed, but no renewal shall be granted unless application is made at least sixty (60) days prior to expiration of the issued variance and the applicant complies with all other requirements of this section. I. Any person aggrieved by a variance decision may file an appeal in writing with the land use hearing examiner within ten (10) days of issuance of the administrator's decision. The appeal shall be a proceeding pursuant to Title 15, Review Process IIIA. The appellant must prove by clear and convincing evidence that the administrator abused his or her discretion in a decision made pursuant to this section. Any appeal of a variance decision by the administrator may be affirmed, reversed, or modified by the hearing examiner.