Townsend City Zoning Code

13.36 APPEALS

AND VARIANCE PROCEDURES

13.36.010 Purpose

This chapter is adopted:
1. To establish procedures for granting relief from the requirements of this title subject to the standards of this chapter in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the Montana and United States constitutions of all person’s subject to this title.
2. To provide through appeals of administrative interpretations a procedure for consideration of and resolution of disputes regarding the meaning and implementation of this title.
3. To provide through zoning variances a procedure for relief from the occasional inequities created by the physical standards of this title relating to zoning when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of property, owing to physical circumstances unique to that parcel.
4. To prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety, and welfare; and
5. To allow for appeals from decisions made by administrative staff approving, approving with conditions, or denying applications for development approval.
The Board of Adjustment shall hear and decide appeals of administrative decisions and variances as follows:
1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this title or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the City staff in the manner provided in this chapter.
2. Authorize in specific cases such zoning variances from the physical standards of this title that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this title shall be observed, and substantial justice done.

13.36.020 Board Of Adjustment

Board of Adjustment Established. A Board of Adjustment (hereinafter referred as "the Board") is hereby established in accordance with Sections 76-2-321 through 76-2-328, MCA. The City Council shall appoint five members to the Board each for a term of three years except that in the initial appointment, one member shall be appointed for a term of one year, two members for a term of two years, and two members for a term of three years. Members of the Board may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies on the Board shall be filled by resolution of the City Council for the unexpired term of the member affected.
Powers of the Board of Adjustment. The Board shall have the following powers:
1. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance.
2. To grant variances from the standards of this Ordinance where the Board determines (1) that granting the variance will not be contrary to the public interest, (2) where owing to special conditions a literal enforcement of the provisions of these regulations will result in unnecessary hardship, and (3) where spirit of the ordinance will be observed, and substantial justice done. "Hardship" refers to circumstances peculiar to the particular property. Financial or economic difficulties or consequences of actions by the property owner are not "hardships" for zoning purposes.
3. More specifically, the Board may, approve, conditionally approve, or deny any request to modify the following requirements of this ordinance:
  1. setback requirements
  2. yard requirements
  3. area requirements
  4. height and width requirements
  5. parking requirements
  6. loading requirements
Proceedings of the Board of Adjustment.
1. The Board shall select one of its members as chairman and shall adopt rules necessary to conduct its affairs in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his/her absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Meetings shall be open to the public.
2. The Board shall keep minutes of its proceedings and shall keep records of its examinations and other official actions and immediately file in the office of the Board. The Board shall make its records and minutes available for public inspection.

13.36.030 Hearing And Noticing Requirements

There shall be a hearing before the Board for any appeal of administrative decisions and interpretations and for each application for any variance. The hearing shall be held at an appointed time and place. Testimony shall be taken by the Board from persons interested in the application and from the City staff.
The City staff or the City Clerk shall give public notice as required by this title of all public hearings to be held before the Board. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required by this title.

13.36.040 Administrative Interpretation Appeals

An Applicant may request an appeal of an interpretation of this title, including classifications of use, shall be made by filing an application, with appropriate fees, with the City Clerk within 20 business days of the interpretation decision. After receiving a completed application, the City Clerk shall schedule a hearing with the Board. In all cases, the complete application shall include, and shall not be deemed filed until; all of the materials required by this title are submitted.
The Board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. During time of appeal all construction shall cease and shall not commence until approved by the Board.
When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together.
The concurring vote of the majority of the Board shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant.

13.36.050 Administrative Project Decision Appeals

An aggrieved person may appeal the final decision of the City staff in the manner provided in this section. Any appeal of a final administrative decision to approve or deny an application shall be an appeal on the basis of the information available to the City staff including this title, all submitted application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not an administrative decision subject to appeal.
Application of Appeal Procedures. Appeals from City staff to the Board or the courts are set forth in the various sections of this title. Said appeals are permitted under the provisions of this section in the manner set forth herein.
1. These appeal procedures shall apply to the decisions brought forth by the City staff.
2. Appeals shall be from the City staff to the Board.
3. In reviewing an appeal, the Board shall consider the application as if it were the original approval.
Filing of Notice of Appeal. An appeal shall be taken by filing with the City Clerk a notice of intent to appeal by 5:00 pm on the tenth (10) business day following the final decision of the City staff, and a documented appeal and appeal fee within fifteen (15) business days of the final decision of the City staff. Such notice of intent to appeal shall include the following:
1. The action of the City staff which is the subject of the appeal; and
2. The date of such action.
Appeal Contents. In all cases, the complete appeal application shall include, and shall not be deemed filed until; all of the materials required by this title are submitted.
Notice of Appeal. Once a complete appeal has been filed and a hearing date is set, notice of the appeal shall be provided in the same fashion as was required for notice of the initial application. The date, time, and location for hearing an appeal before the Board shall be included in the required notice of the appeal.
Scheduling of the Hearing. Upon receipt of a complete appeal application, the City Clerk shall place the appeal on the next available Board agenda. The Board shall schedule the hearing of the appeal within forty-five days of the agenda item to set the hearing date.
Material. The material to be considered by the Board shall be the record of the project review, including the City staff’s decision, in addition to materials that may be submitted during the processing and review of the appeal.
1. No less than ten working days prior to the appeal hearing before the Board, the City staff shall transfer the entire record of the application to the Board.
2. Any materials submitted by the appellant shall be provided to the Board no less than ten working days prior to the appeal hearing before the Board.
Procedure of the Hearing. At the hearing on the appeal, the following procedure shall be followed:
1. Only arguments and evidence relevant to the application shall be presented. The presentation shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer:
  1. Explanation of the application and nature of the appeal and presentation by City staff.
  2. Presentation of position by the applicant and/or representative.
  3. Presentation by any person who is a proponent or an opponent of the application; and
  4. Motion, discussion, and vote by the Board.
2. No person making a presentation shall be subject to cross-examination except that members of the Board and the City Attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented.
Alternative Actions Available to the Appellate Body. At the conclusion of the hearing, the Board shall approve or deny the appeal within 15 working days of the hearing.

13.36.060 Zoning Variances

Application. A request for one or more variance(s) from design standards shall be made by filing an application, with appropriate fees, with the City staff and shall be accompanied by the materials described in this title.
Investigation of Facts. The Board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title.
Criteria for Consideration and Findings. In acting on an application for a variance, the Board shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written findings setting forth factual evidence that the variance:
1. Will not be contrary to and will serve the public interest.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this title:
  1. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and
  2. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots and governmental actions outside of the owners’ control.
3. Will observe the spirit of this title, including the adopted growth policy, and do substantial justice.
Authorization and Limitations on Approval.
1. The Board shall, after public notice and hearing, deny, approve, or conditionally approve all requests for variances meeting all the criteria of this section within 15 working days, including:
  1. Requests to modify dimensional or other numerical requirements of this title.
  2. Requests for multiple variances; and
  3. Requests for variances in conjunction with conditional use permits.
  4. Approvals of all such variances shall be conditioned upon Zoning Commission approval of the conditional use permit.
2. The scope and extent of the variance(s) shall be limited to the minimum relief necessary to provide reasonable use of the property.
3. In no case may the Board grant variances to allow uses not already permitted pursuant to this title or alter administrative requirements of this title. Permission to change uses allowed on a parcel may be sought through a zone map amendment or an amendment to the text of the applicable zoning district.
4. The concurring vote of the majority of the Board shall be necessary to affect any variance of this title.
Effective Time for Board Decisions - Variances Void When. The decision of the Board shall be final except as appealed. If a building permit or land use permit is not obtained for the subject property within one year from the date of the Board’s decision, the variance shall be automatically canceled and become null and void.

13.36.070 Appeals From Board Actions

Zoning Variances. Any person or persons, jointly or severally, aggrieved by any decision of the Board under this chapter, or any taxpayer, or any officer, department, board or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law.
Zoning Decisions. An aggrieved person may appeal the approval, approval with conditions or denial of a development application acted upon by the Board by presenting to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law.

Townsend City Zoning Code

13.36 APPEALS

AND VARIANCE PROCEDURES

13.36.010 Purpose

This chapter is adopted:
1. To establish procedures for granting relief from the requirements of this title subject to the standards of this chapter in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the Montana and United States constitutions of all person’s subject to this title.
2. To provide through appeals of administrative interpretations a procedure for consideration of and resolution of disputes regarding the meaning and implementation of this title.
3. To provide through zoning variances a procedure for relief from the occasional inequities created by the physical standards of this title relating to zoning when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of property, owing to physical circumstances unique to that parcel.
4. To prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety, and welfare; and
5. To allow for appeals from decisions made by administrative staff approving, approving with conditions, or denying applications for development approval.
The Board of Adjustment shall hear and decide appeals of administrative decisions and variances as follows:
1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this title or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the City staff in the manner provided in this chapter.
2. Authorize in specific cases such zoning variances from the physical standards of this title that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this title shall be observed, and substantial justice done.

13.36.020 Board Of Adjustment

Board of Adjustment Established. A Board of Adjustment (hereinafter referred as "the Board") is hereby established in accordance with Sections 76-2-321 through 76-2-328, MCA. The City Council shall appoint five members to the Board each for a term of three years except that in the initial appointment, one member shall be appointed for a term of one year, two members for a term of two years, and two members for a term of three years. Members of the Board may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies on the Board shall be filled by resolution of the City Council for the unexpired term of the member affected.
Powers of the Board of Adjustment. The Board shall have the following powers:
1. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance.
2. To grant variances from the standards of this Ordinance where the Board determines (1) that granting the variance will not be contrary to the public interest, (2) where owing to special conditions a literal enforcement of the provisions of these regulations will result in unnecessary hardship, and (3) where spirit of the ordinance will be observed, and substantial justice done. "Hardship" refers to circumstances peculiar to the particular property. Financial or economic difficulties or consequences of actions by the property owner are not "hardships" for zoning purposes.
3. More specifically, the Board may, approve, conditionally approve, or deny any request to modify the following requirements of this ordinance:
  1. setback requirements
  2. yard requirements
  3. area requirements
  4. height and width requirements
  5. parking requirements
  6. loading requirements
Proceedings of the Board of Adjustment.
1. The Board shall select one of its members as chairman and shall adopt rules necessary to conduct its affairs in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his/her absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Meetings shall be open to the public.
2. The Board shall keep minutes of its proceedings and shall keep records of its examinations and other official actions and immediately file in the office of the Board. The Board shall make its records and minutes available for public inspection.

13.36.030 Hearing And Noticing Requirements

There shall be a hearing before the Board for any appeal of administrative decisions and interpretations and for each application for any variance. The hearing shall be held at an appointed time and place. Testimony shall be taken by the Board from persons interested in the application and from the City staff.
The City staff or the City Clerk shall give public notice as required by this title of all public hearings to be held before the Board. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required by this title.

13.36.040 Administrative Interpretation Appeals

An Applicant may request an appeal of an interpretation of this title, including classifications of use, shall be made by filing an application, with appropriate fees, with the City Clerk within 20 business days of the interpretation decision. After receiving a completed application, the City Clerk shall schedule a hearing with the Board. In all cases, the complete application shall include, and shall not be deemed filed until; all of the materials required by this title are submitted.
The Board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. During time of appeal all construction shall cease and shall not commence until approved by the Board.
When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together.
The concurring vote of the majority of the Board shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant.

13.36.050 Administrative Project Decision Appeals

An aggrieved person may appeal the final decision of the City staff in the manner provided in this section. Any appeal of a final administrative decision to approve or deny an application shall be an appeal on the basis of the information available to the City staff including this title, all submitted application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not an administrative decision subject to appeal.
Application of Appeal Procedures. Appeals from City staff to the Board or the courts are set forth in the various sections of this title. Said appeals are permitted under the provisions of this section in the manner set forth herein.
1. These appeal procedures shall apply to the decisions brought forth by the City staff.
2. Appeals shall be from the City staff to the Board.
3. In reviewing an appeal, the Board shall consider the application as if it were the original approval.
Filing of Notice of Appeal. An appeal shall be taken by filing with the City Clerk a notice of intent to appeal by 5:00 pm on the tenth (10) business day following the final decision of the City staff, and a documented appeal and appeal fee within fifteen (15) business days of the final decision of the City staff. Such notice of intent to appeal shall include the following:
1. The action of the City staff which is the subject of the appeal; and
2. The date of such action.
Appeal Contents. In all cases, the complete appeal application shall include, and shall not be deemed filed until; all of the materials required by this title are submitted.
Notice of Appeal. Once a complete appeal has been filed and a hearing date is set, notice of the appeal shall be provided in the same fashion as was required for notice of the initial application. The date, time, and location for hearing an appeal before the Board shall be included in the required notice of the appeal.
Scheduling of the Hearing. Upon receipt of a complete appeal application, the City Clerk shall place the appeal on the next available Board agenda. The Board shall schedule the hearing of the appeal within forty-five days of the agenda item to set the hearing date.
Material. The material to be considered by the Board shall be the record of the project review, including the City staff’s decision, in addition to materials that may be submitted during the processing and review of the appeal.
1. No less than ten working days prior to the appeal hearing before the Board, the City staff shall transfer the entire record of the application to the Board.
2. Any materials submitted by the appellant shall be provided to the Board no less than ten working days prior to the appeal hearing before the Board.
Procedure of the Hearing. At the hearing on the appeal, the following procedure shall be followed:
1. Only arguments and evidence relevant to the application shall be presented. The presentation shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer:
  1. Explanation of the application and nature of the appeal and presentation by City staff.
  2. Presentation of position by the applicant and/or representative.
  3. Presentation by any person who is a proponent or an opponent of the application; and
  4. Motion, discussion, and vote by the Board.
2. No person making a presentation shall be subject to cross-examination except that members of the Board and the City Attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented.
Alternative Actions Available to the Appellate Body. At the conclusion of the hearing, the Board shall approve or deny the appeal within 15 working days of the hearing.

13.36.060 Zoning Variances

Application. A request for one or more variance(s) from design standards shall be made by filing an application, with appropriate fees, with the City staff and shall be accompanied by the materials described in this title.
Investigation of Facts. The Board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title.
Criteria for Consideration and Findings. In acting on an application for a variance, the Board shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written findings setting forth factual evidence that the variance:
1. Will not be contrary to and will serve the public interest.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this title:
  1. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and
  2. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots and governmental actions outside of the owners’ control.
3. Will observe the spirit of this title, including the adopted growth policy, and do substantial justice.
Authorization and Limitations on Approval.
1. The Board shall, after public notice and hearing, deny, approve, or conditionally approve all requests for variances meeting all the criteria of this section within 15 working days, including:
  1. Requests to modify dimensional or other numerical requirements of this title.
  2. Requests for multiple variances; and
  3. Requests for variances in conjunction with conditional use permits.
  4. Approvals of all such variances shall be conditioned upon Zoning Commission approval of the conditional use permit.
2. The scope and extent of the variance(s) shall be limited to the minimum relief necessary to provide reasonable use of the property.
3. In no case may the Board grant variances to allow uses not already permitted pursuant to this title or alter administrative requirements of this title. Permission to change uses allowed on a parcel may be sought through a zone map amendment or an amendment to the text of the applicable zoning district.
4. The concurring vote of the majority of the Board shall be necessary to affect any variance of this title.
Effective Time for Board Decisions - Variances Void When. The decision of the Board shall be final except as appealed. If a building permit or land use permit is not obtained for the subject property within one year from the date of the Board’s decision, the variance shall be automatically canceled and become null and void.

13.36.070 Appeals From Board Actions

Zoning Variances. Any person or persons, jointly or severally, aggrieved by any decision of the Board under this chapter, or any taxpayer, or any officer, department, board or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law.
Zoning Decisions. An aggrieved person may appeal the approval, approval with conditions or denial of a development application acted upon by the Board by presenting to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law.

Townsend City Zoning Code

13.36 APPEALS

AND VARIANCE PROCEDURES

13.36.010 Purpose

This chapter is adopted:
1. To establish procedures for granting relief from the requirements of this title subject to the standards of this chapter in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the Montana and United States constitutions of all person’s subject to this title.
2. To provide through appeals of administrative interpretations a procedure for consideration of and resolution of disputes regarding the meaning and implementation of this title.
3. To provide through zoning variances a procedure for relief from the occasional inequities created by the physical standards of this title relating to zoning when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of property, owing to physical circumstances unique to that parcel.
4. To prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety, and welfare; and
5. To allow for appeals from decisions made by administrative staff approving, approving with conditions, or denying applications for development approval.
The Board of Adjustment shall hear and decide appeals of administrative decisions and variances as follows:
1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this title or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the City staff in the manner provided in this chapter.
2. Authorize in specific cases such zoning variances from the physical standards of this title that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this title shall be observed, and substantial justice done.

13.36.020 Board Of Adjustment

Board of Adjustment Established. A Board of Adjustment (hereinafter referred as "the Board") is hereby established in accordance with Sections 76-2-321 through 76-2-328, MCA. The City Council shall appoint five members to the Board each for a term of three years except that in the initial appointment, one member shall be appointed for a term of one year, two members for a term of two years, and two members for a term of three years. Members of the Board may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies on the Board shall be filled by resolution of the City Council for the unexpired term of the member affected.
Powers of the Board of Adjustment. The Board shall have the following powers:
1. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance.
2. To grant variances from the standards of this Ordinance where the Board determines (1) that granting the variance will not be contrary to the public interest, (2) where owing to special conditions a literal enforcement of the provisions of these regulations will result in unnecessary hardship, and (3) where spirit of the ordinance will be observed, and substantial justice done. "Hardship" refers to circumstances peculiar to the particular property. Financial or economic difficulties or consequences of actions by the property owner are not "hardships" for zoning purposes.
3. More specifically, the Board may, approve, conditionally approve, or deny any request to modify the following requirements of this ordinance:
  1. setback requirements
  2. yard requirements
  3. area requirements
  4. height and width requirements
  5. parking requirements
  6. loading requirements
Proceedings of the Board of Adjustment.
1. The Board shall select one of its members as chairman and shall adopt rules necessary to conduct its affairs in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his/her absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Meetings shall be open to the public.
2. The Board shall keep minutes of its proceedings and shall keep records of its examinations and other official actions and immediately file in the office of the Board. The Board shall make its records and minutes available for public inspection.

13.36.030 Hearing And Noticing Requirements

There shall be a hearing before the Board for any appeal of administrative decisions and interpretations and for each application for any variance. The hearing shall be held at an appointed time and place. Testimony shall be taken by the Board from persons interested in the application and from the City staff.
The City staff or the City Clerk shall give public notice as required by this title of all public hearings to be held before the Board. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required by this title.

13.36.040 Administrative Interpretation Appeals

An Applicant may request an appeal of an interpretation of this title, including classifications of use, shall be made by filing an application, with appropriate fees, with the City Clerk within 20 business days of the interpretation decision. After receiving a completed application, the City Clerk shall schedule a hearing with the Board. In all cases, the complete application shall include, and shall not be deemed filed until; all of the materials required by this title are submitted.
The Board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. During time of appeal all construction shall cease and shall not commence until approved by the Board.
When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together.
The concurring vote of the majority of the Board shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant.

13.36.050 Administrative Project Decision Appeals

An aggrieved person may appeal the final decision of the City staff in the manner provided in this section. Any appeal of a final administrative decision to approve or deny an application shall be an appeal on the basis of the information available to the City staff including this title, all submitted application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not an administrative decision subject to appeal.
Application of Appeal Procedures. Appeals from City staff to the Board or the courts are set forth in the various sections of this title. Said appeals are permitted under the provisions of this section in the manner set forth herein.
1. These appeal procedures shall apply to the decisions brought forth by the City staff.
2. Appeals shall be from the City staff to the Board.
3. In reviewing an appeal, the Board shall consider the application as if it were the original approval.
Filing of Notice of Appeal. An appeal shall be taken by filing with the City Clerk a notice of intent to appeal by 5:00 pm on the tenth (10) business day following the final decision of the City staff, and a documented appeal and appeal fee within fifteen (15) business days of the final decision of the City staff. Such notice of intent to appeal shall include the following:
1. The action of the City staff which is the subject of the appeal; and
2. The date of such action.
Appeal Contents. In all cases, the complete appeal application shall include, and shall not be deemed filed until; all of the materials required by this title are submitted.
Notice of Appeal. Once a complete appeal has been filed and a hearing date is set, notice of the appeal shall be provided in the same fashion as was required for notice of the initial application. The date, time, and location for hearing an appeal before the Board shall be included in the required notice of the appeal.
Scheduling of the Hearing. Upon receipt of a complete appeal application, the City Clerk shall place the appeal on the next available Board agenda. The Board shall schedule the hearing of the appeal within forty-five days of the agenda item to set the hearing date.
Material. The material to be considered by the Board shall be the record of the project review, including the City staff’s decision, in addition to materials that may be submitted during the processing and review of the appeal.
1. No less than ten working days prior to the appeal hearing before the Board, the City staff shall transfer the entire record of the application to the Board.
2. Any materials submitted by the appellant shall be provided to the Board no less than ten working days prior to the appeal hearing before the Board.
Procedure of the Hearing. At the hearing on the appeal, the following procedure shall be followed:
1. Only arguments and evidence relevant to the application shall be presented. The presentation shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer:
  1. Explanation of the application and nature of the appeal and presentation by City staff.
  2. Presentation of position by the applicant and/or representative.
  3. Presentation by any person who is a proponent or an opponent of the application; and
  4. Motion, discussion, and vote by the Board.
2. No person making a presentation shall be subject to cross-examination except that members of the Board and the City Attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented.
Alternative Actions Available to the Appellate Body. At the conclusion of the hearing, the Board shall approve or deny the appeal within 15 working days of the hearing.

13.36.060 Zoning Variances

Application. A request for one or more variance(s) from design standards shall be made by filing an application, with appropriate fees, with the City staff and shall be accompanied by the materials described in this title.
Investigation of Facts. The Board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title.
Criteria for Consideration and Findings. In acting on an application for a variance, the Board shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written findings setting forth factual evidence that the variance:
1. Will not be contrary to and will serve the public interest.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this title:
  1. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and
  2. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots and governmental actions outside of the owners’ control.
3. Will observe the spirit of this title, including the adopted growth policy, and do substantial justice.
Authorization and Limitations on Approval.
1. The Board shall, after public notice and hearing, deny, approve, or conditionally approve all requests for variances meeting all the criteria of this section within 15 working days, including:
  1. Requests to modify dimensional or other numerical requirements of this title.
  2. Requests for multiple variances; and
  3. Requests for variances in conjunction with conditional use permits.
  4. Approvals of all such variances shall be conditioned upon Zoning Commission approval of the conditional use permit.
2. The scope and extent of the variance(s) shall be limited to the minimum relief necessary to provide reasonable use of the property.
3. In no case may the Board grant variances to allow uses not already permitted pursuant to this title or alter administrative requirements of this title. Permission to change uses allowed on a parcel may be sought through a zone map amendment or an amendment to the text of the applicable zoning district.
4. The concurring vote of the majority of the Board shall be necessary to affect any variance of this title.
Effective Time for Board Decisions - Variances Void When. The decision of the Board shall be final except as appealed. If a building permit or land use permit is not obtained for the subject property within one year from the date of the Board’s decision, the variance shall be automatically canceled and become null and void.

13.36.070 Appeals From Board Actions

Zoning Variances. Any person or persons, jointly or severally, aggrieved by any decision of the Board under this chapter, or any taxpayer, or any officer, department, board or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law.
Zoning Decisions. An aggrieved person may appeal the approval, approval with conditions or denial of a development application acted upon by the Board by presenting to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law.