A. Variances may be granted to any person from any requirement of BMC 8.26.040, if findings are made by the director of community development or their designee that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of non-availability of feasible technology or control methods. Variances shall not be granted for any requirement of BMC 8.26.060.

B. Any such variance, or renewal thereof, shall be granted only for the minimum time period found to be necessary under the facts and circumstances.

C. Variances shall be heard and decided in the manner set forth in Chapter 11.04 BMC for administrative interpretations of development regulations by the community development director. The decision of the director shall be a Type I action under BMC 11.04.003 for purposes of decision-making procedure. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).