§ 18.12.180. Building permit - Conditions for granting following hearing.

A.

Within ten days after the conclusion of any such hearing, the commission shall direct the building official to issue a building permit if said commission finds all of the following to be true:

1.

That the entire property, of which the portion directly affected by the precise plan or regulation is a part, is of such nature that the owner thereof will be substantially damaged by the refusal to grant the permit;

2.

That the entire property will not earn a fair return on the owner's investment therein unless the construction involved is authorized;

3.

That, balancing the interests of the public in keeping open and unimproved the portion of the owner's entire property directly affected by the precise plan or regulation against the interests of the owner of the entire property in being allowed to make the construction involved, the granting of a permit is clearly required by consideration of justice and equality.

B.

If the commission finds that any one of the conditions set forth under subdivisions 1, 2 or 3 above is not true, it shall not direct the building official to issue a building permit.

C.

Notwithstanding the provisions of Section 18.12.160, the building official shall issue a building permit when directed to do so by the planning commission.

(Prior code § 11123; Ord. 19065.)