A. An applicant may seek an affirmative recognition of the amnesty relief provided by this chapter by submitting an application and affidavit to the Department of Community Planning Director or designee describing the building or lot for which affirmative recognition of amnesty relief is sought. The application may be submitted concurrently with an application for affirmative recognition of grandfather rights. The applicant shall be the owner of the property described in the application, the contract purchaser of said property, the holder of an option to purchase said property, or such persons that possess a substantial proprietary interest in the property being considered. The written consent of the owner, or an authorized representative having power of attorney, shall accompany all applications. The application must contain a written positive assertion that said building or lot and the violation for which the applicant seeks affirmative recognition of amnesty relief meets the requirements of this chapter. This application may be made at any time. The application may be accompanied by pictures, statements of support, public or recorded documents and other evidence. The application must be accompanied by a site plan showing size of the lot, the subject building, and current yard dimensions, if applicable.
B. Within 15 days after the filing of the owner affidavit, the department shall schedule an administrative hearing. Notice of the application and the hearing shall be provided using the procedures set forth in FNSBC 18.104.010(C)(1) and (C)(2), except that notice shall be mailed only to adjacent property owners. Applications requesting amnesty relief for violations that are less than 50 percent of the required size, area or distance shall be exempt from the requirements of this subsection.
C. Within 15 days of the hearing, the department shall issue an administrative determination regarding the affirmative recognition of amnesty relief. If no hearing is required, the administrative determination shall be issued within 10 working days of the application. The applicant or any aggrieved person, as defined by FNSBC 18.104.090(A)(4), may appeal to the Planning Commission by filing a notice of appeal with the Community Planning Department within 15 days after the department’s determination was mailed. The appeal shall be heard de novo by the Planning Commission. The Planning Commission shall uphold or reverse the determination and adopt specific findings of fact after considering the oral and written statements of the applicant, interested persons, and the Department of Community Planning. This decision is appealable to the superior court. (Ord. 2021-27 § 11, 2021; Ord. 2020-10 § 3, 2020; Ord. 2016-09 § 2, 2016. 2004 Code § 18.60.040.)