A. Application For Variance: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the board of adjustment for a variance from such regulations.
B. Federal Aviation Administration Determination: The application for variance shall be accompanied by a determination from the federal aviation administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.
C. Conditions For Allowing Variance: Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulation will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter.
D. Action By County Commissioners: Additionally, no application for variance to the requirements of this chapter may be considered by the board of adjustment unless a copy of the application has been furnished to the county commissioners for advice as to the aeronautical effects of the variance. If the county commissioners do not respond to the application within fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny the application. (1983 Code § 18.80.100)