Ordinance 1120-85 - Laserfiche WebLink

Section V: GENERAL • A. Modification B. Appeals C. Violation D. Severability A. Modification: 1. Any applicant can request and make application to the City requesting a Modification from the Requirements of Section IV, C, 1 through 11. 2. For a modification of 25% or less, it shall be considered by the Planning Director as an administrative decision. 3. For a modification of more than 25%, it shall be considered by the Hearing Examiner at public hearing. 4. The modification shall not be granted by the Planning Director or Hearing Examiner until the following facts have been established: a. There are exceptional circumstances or conditions such as: locations of existing structures, lot configuration, topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this Ordinance; b. The authorization of the modification or variation will not be detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located; c. A hardship would be incurred by the applicant if he/she complied with the strict application of the regulations. The filing of an application with the City requesting a modification or variation shall stay the running of the time period for binding site plans and development plans. B. Appeals: 1. Appeals to Hearing Examiner for Binding Site Plans a. An appeal of the decision relating to the Binding Site Plan shall be made to the Hearing Examiner. Such an appeal must be made in writing and filed with the office of the Hearing Examiner within ten (10) working days from the date on which the decision was rendered. b. The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the Hearing Examiner shall be the final action unless appealed to City Council. -14-