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5. The verification (by declaration under penalty of perjury) of at least one appellant <br /> as to the truth of the matters stated in the appeal. <br /> B. The processing of the appeal shall be as provided by EMC Title 15. <br /> Section 21. Section 10(c) of Ordinance No. 534-78 (EMC 20.08.180), which reads as <br /> follows: <br /> Variance procedure--Board of adjustment authority. <br /> A. No variance in the provisions or requirements of this chapter shall be authorized by <br /> the board unless the board finds that all of the following facts and conditions exist: <br /> 1. That there are exceptional or extraordinary circumstances or conditions applying to <br /> the appellant's property, or as to the intended use thereof, that do not apply generally to <br /> other properties in the same noise control district; <br /> 2. That such variance is necessary for the preservation and enjoyment of a substantial <br /> personal or property right of the appellant possessed by the owners of other properties in <br /> the same noise control district; <br /> 3. That the authorization of such variance does not endanger public health or safety of <br /> named persons in the same or adjacent noise control districts; <br /> 4. That the granting of such variance will not adversely affect the general policy and <br /> purpose of this act set forth in Section 20.08.010 of this chapter. <br /> B. In authorizing a variance, the board may attach thereto such conditions regarding <br /> noise level, duration, type and other considerations as the board may deem necessary to <br /> carry out the policy and purpose of this chapter. <br /> Is hereby amended to read as follows: <br /> Variance procedure. <br /> A. No variance in the provisions or requirements of this chapter shall be authorized by <br /> the Hearing Examiner unless he/she finds that all of the following facts and conditions <br /> exist: <br /> 1. That there are exceptional or extraordinary circumstances or conditions applying to <br /> the appellant's property, or as to the intended use thereof, that do not apply generally to <br /> other properties in the same noise control district; <br /> 2. That such variance is necessary for the preservation and enjoyment of a substantial <br /> personal or property right of the appellant possessed by the owners of other properties in <br /> the same noise control district; <br /> 3. That the authorization of such variance does not endanger public health or safety of <br /> named persons in the same or adjacent noise control districts; <br /> 4. That the granting of such variance will not adversely affect the general policy and <br /> purpose of this act set forth in Section 20.08.010 of this chapter. <br /> B. In authorizing a variance, the Hearing Examiner may attach thereto such conditions <br /> regarding noise level, duration, type and other considerations as the Hearing Examiner <br /> may deem necessary to carry out the policy and purpose of this chapter. <br /> 12 <br />