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Appeal of determinations of nonconformity made by the Administrator shall be <br /> made to the Land Use Hearing Examiner. The appeal must be made in writing <br /> on forms provided by the City and filed with the City Clerk within ten (10) <br /> working days from the date of the Administrator's decision. <br /> 2. Any applicant or permit holder may apply for a variance. <br /> The applicant for a variance shall submit the required application and pay <br /> the fee as established by the Administrator. The Hearing Examiner may <br /> authorize variances from the provisions this ordinance as will not be <br /> contrary to the public interest. <br /> No variance shall be allowed unless the Hearing Examiner <br /> finds that the following exists: <br /> (1) That there are exceptional or extraordinary circumstances <br /> or conditions applying to the subject property, <br /> billboard(s) and/or billboard structure(s) that do not <br /> apply generally to other properties, billboards or <br /> billboard structures regulated by this Ordinance; <br /> (2) That the authorization of such variance will not be <br /> materially detrimental to the public welfare or injurious <br /> to property in the vicinity in which the property, <br /> billboard(s) or billboard structure(s) is located; and <br /> (3) That the granting of such variance will not adversely <br /> affect the City's efforts to enhance traffic safety and <br /> the aesthetics of the City. <br /> 3. Appeal from Failure of Administrator to Act on Permit <br /> Application. Upon completion of the SEPA process in accordance with State <br /> and City requirements including the expiration of any appeal or time periods <br /> for appeal, the Administrator shall either grant or deny a billboard permit <br /> within ten (10) days if the requirements of this ordinance are met. Failure <br /> to grant or deny a permit within this time period shall be grounds for <br /> appeal to the Land Use Hearing Examiner. <br /> -12- <br />