Chapter 17.84
BOARD OF ADJUSTMENT
Sections:
17.84.010 Zoning adjuster—Powers and duties.
17.84.020 Application to the board.
17.84.030 Authority of the board.
17.84.070 Appeals—Notice of time and place.
17.84.080 Scope of authority on appeal.
17.84.090 Action final unless appealed.
17.84.100 Board of adjustment—Action final.
17.84.110 Inclusion of findings of fact.
17.84.120 Meetings and rules of order.
17.84.010 Zoning adjuster—Powers and duties.
All of the provisions of this chapter defining the powers, duties, and procedures of the board of adjustment shall also apply to the zoning adjuster. (Ord. O-01-05 § 2 (part))
17.84.020 Application to the board.
Persons desiring consideration by the board of adjustment shall apply to the secretary of the board and shall supply such information as the board may require on forms provided for that purpose. (Ord. O-01-05 § 2 (part))
17.84.030 Authority of the board.
The board of adjustment, subject to appropriate conditions and safeguards as provided by this title, shall hear and decide:
A. Variances. Applications for variances from the terms of the zoning title; provided, that any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated, and that the following circumstances are found to apply:
1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning title is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification;
2. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
B. Review—Administrative Action. Appeals, where it is alleged by the applicant that there is error in any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this title.
C. Interpretation of Zoning Map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the board of adjustment, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this title. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the board of adjustment and a determination shall be made by said board.
D. Temporary Structures and Uses. The temporary use may be granted of a structure or premises in any zone classification for a purpose or use that does not conform to the regulations prescribed elsewhere in this title for the zone classification in which it is located; provided, that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use may be granted in the form of a temporary and revocable permit, for not more than a six-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
E. Waiver of Violations. Recognizing that a building may be erected in good faith with every intent to comply with the provisions of the this title in respect to the location of the building upon the lot, the size and location of required yards, and that it may later be determined that such building does not comply in every detail with such requirements, although not violating the spirit or intent of this title, the board of adjustment may issue a waiver of violation, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare.
F. Special Permits—Fence, Expansion of a Nonconforming Use. Special permits granted for a fence or expansion of a nonconforming use may vary from the terms of this title; provided, that such special permits shall be subject to such conditions as will assure that the public health, safety, convenience, and general welfare are protected.
G. Extension of Use on Border of District. The extension of a use or building into a more restricted zone classification immediately adjacent thereto, but not more than twenty-five feet beyond the dividing line of the two zone classifications, under such conditions as will safeguard development in the more restricted district.
H. Administrative Exception. An administrative exception not to exceed one foot of any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building line may be granted by administrative action of the board of adjustment without public hearing and without posting of public notices.
I. Conditional Use Permits. Applications for conditional use permits as required under Chapter 17.68. (Ord. O-01-05 § 2 (part))
17.84.040 Hearings.
Upon the filing of an application for a conditional use permit or variance, the board of adjustment shall set the time and place for a public hearing on such matter, and written notice thereof shall be addressed through the United States mail to all property owners of record within three hundred feet of the exterior boundaries of the subject property. The written notice shall be mailed not less than twelve days prior to the hearing. (Ord. O-01-05 § 2 (part))
17.84.050 Notice of hearing.
Notice of the time, place, and purpose of the public hearing shall be as prescribed by Chapter 201, Laws of Washington, 1959. (Ord. O-01-05 § 2 (part))
17.84.060 Appeals—Time limit.
Appeals may be taken to the board of adjustment by any person aggrieved, or by any officer, department, board, or bureau of the county affected by any decision of an administrative official. Such appeals shall be filed in writing in duplicate with the board of adjustment within ten days of the date of the action being taken. (Ord. O-01-05 § 2 (part))
17.84.070 Appeals—Notice of time and place.
Upon the filing of an appeal from an administrative determination, or from the action of the zoning adjuster, the board of adjustment shall set the time and place at which the matter will be considered. At least a ten-day notice of such time and place, together with one copy of the written appeal, shall be given to the official whose decision is being appealed. At least ten days’ notice of the time and place shall also be given to the adverse parties of record in the case. The officer from whom the appeal is being taken shall forthwith transmit to the board of adjustment all of the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent. (Ord. O-01-05 § 2 (part))
17.84.080 Scope of authority on appeal.
In exercising the powers granted in this title, the board of adjustment may, in conformity with this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed, and may make such order, requirement, decision or determination as should be made and to that end, shall have all the powers of the officer from whom the appeal is taken, insofar as the decision on the particular is concerned. (Ord. O-01-05 § 2 (part))
17.84.090 Action final unless appealed.
The action by the zoning adjuster on all matters coming before him shall be final and conclusive unless within ten days after the zoning adjuster has made his order, requirement, decision or determination, an appeal in writing is filed with the board of adjustment. Such an appeal may be taken by the original applicant or by opponents of record in the case. (Ord. O-01-05 § 2 (part))
17.84.100 Board of adjustment—Action final.
The action by the board of adjustment on an application for a conditional use permit or a variance, or on an appeal from the decision of the zoning adjuster or an administrative officer shall be final and conclusive unless within ten days from the date of said action the original applicant or an adverse party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, or a writ of mandamus. (Ord. O-01-05 § 2 (part))
17.84.110 Inclusion of findings of fact.
Both the board of adjustment and zoning adjuster shall, in making an order, requirement, decision, or determination, include a written record of the findings of fact upon which the action is based. (Ord. O-01-05 § 2 (part))
17.84.120 Meetings and rules of order.
The board of adjustment shall fix its place of meeting and shall conduct at least one regular meeting each month; provided, that if no issues over which the board has jurisdiction are pending upon its calendar, a meeting may be canceled. Other meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. All hearings of the board shall be open to the public. The presence of three members shall constitute a quorum. In all other matters, the board of adjustment shall proceed according to its own rules of order for the conduct of business and shall file its rules of order with the county auditor. (Ord. O-01-05 § 2 (part))