Ordinance 2975-07 - Laserfiche WebLink

C. In making its determination, the board shall take into consideration the following factors: 1. That the character and design of the service station is compatible with the other structures and buildings in the neighborhood and the general maintenance and housekeeping of the structure and property is of such a nature that it is compatible with adjacent properties; 2. That the authorization of such time extension will not be materially detrimental to the public welfare or injurious to property in its vicinity in which the property is located. Is hereby amended to read as follows: Time extensions. The aforementioned time limits may be extended in the following manner: A. Any owner or lessee of an unoccupied service station may apply to the planning director, as established in Title 15 of this code, for an extension of the one year time limitation specified in this chapter. Such application should be made not less than forty- five days prior to the end of the one year period. B. The planning director may authorize an extension of the time limitation specified herein for a period of not more than one hundred twenty days in those specific cases wherein the director finds that one of the following facts or conditions exist: 1. That the literal enforcement of the provisions or requirements of this chapter would cause undue and unnecessary hardship, including but not limited to economic hardship; 2. That there is a real probability that the service station will reopen or be converted to another use within one hundred twenty days. C. In making his/her determination, the planning director shall take into consideration the following factors: 1. That the character and design of the service station is compatible with the other structures and buildings in the neighborhood and the general maintenance and housekeeping of the structure and property is of such a nature that it is compatible with adjacent properties; 2. That the authorization of such time extension will not be materially detrimental to the public welfare or injurious to property in its vicinity in which the property is located. Section 19. Sectionl0(a) of Ordinance No.534-78 (EMC 20 08.160), which reads as follows: Right to appeal. Any person aggrieved by an order, decision, ruling or interpretation by the administrator, including a variance decision, may file an appeal in writing with the board of adjustment(established by EMC Section 19.70.010) within a period of time set by the board. Any appeal of an order, decision, ruling or interpretation by the administrator may be affirmed, reversed or modified in the board's final order. The decision of the board shall be final, and the appellant and the administrator bound thereby. All orders by the board pursuant to this section and Sections 20.08.170 through 20.08.190 shall include a report giving findings of fact, conclusions, and its decision. 10