Chapter 4.14
BOARD OF APPEALS/ADJUSTMENT

Sections:

4.14.010  Board of appeals/adjustment created.

4.14.020  Membership and term expiration.

4.14.030  Powers of board of appeals/adjustment.

4.14.040  Criteria for granting variances.

4.14.050  Judicial appeals.

4.14.060  Internal organization.

4.14.070  Meetings.

Legislative history: Ords. 85-113, 90-231, 99-469 and 99-474.

4.14.010 Board of appeals/adjustment created.

There is hereby created a joint board of appeals/adjustment for the city of Mill Creek to determine the suitability of alternate materials and methods of construction, and to provide for reasonable interpretations of the International Fire Code and International Building Code, and as authorized by RCW 35A.63.110, and as otherwise authorized by the city council. (Ord. 2006-640 § 5. Formerly 2.18.010)

4.14.020 Membership and term expiration.

A. The board of appeals/adjustment shall consist of five members who shall be appointed by the city council. The fire chief and building official shall be ex officio members and the building official shall act as secretary of the board. Four members shall be qualified by experience and training to pass upon matters pertaining to building construction and other pertinent matters. Any resident of city may be appointed to the fifth position. It shall be the policy of the city council to avoid appointing individuals to the board who are engaged in a business relating to building construction or design when a substantial portion of the individual’s projects are located in the city, and no individual shall also be a member of the city’s planning commission or city council.

B. The term of each position shall expire on April 30th in the final year of each term. (Ord. 2006-640 § 5. Formerly 2.18.020)

4.14.030 Powers of board of appeals/adjustment.

A. Whenever the city manager or his designee disapproves an application or refuses to grant a permit applied for under the fire or building codes, or when it is claimed that the provisions of the fire or building codes do not apply or that the true intent and meaning of the fire or building codes have been misconstrued or wrongly interpreted, the applicant may appeal from such decision to the board of appeals/adjustment within 14 days from the date of the decision appealed by filing a written notice of appeal which contains a statement of the reasons for the appeal with the city clerk.

B. The board of appeals/adjustment shall also hear and decide the following matters, unless such responsibility has otherwise been specifically designated to another city entity:

1. Applications for variances from the terms of the zoning code of the city of Mill Creek, codified at MCMC Title 17, as particularly set forth in MCMC 14.03.070.

2. Appeals from orders, recommendations, permits, decisions, or determinations by a city official in the administration or enforcement of the provisions of Chapter 35A.63 RCW or any city ordinance adopted pursuant thereto, provided such appeal is filed with the city clerk within 14 days from the date of the decision containing a written statement of the reasons for such appeal.

3. Appeals from a decision of the public works director on an adjustment request arising under Chapter 8.12 MCMC. (Ord. 2006-640 § 5. Formerly 2.18.030)

4.14.040 Criteria for granting variances.

No application for a variance shall be granted by the board of appeals/adjustment unless the board finds that the application meets the criteria set forth in Chapter 17.30 MCMC and RCW 35A.63.110. (Ord. 2006-640 § 5. Formerly 2.18.040)

4.14.050 Judicial appeals.

The decision of the board of appeals/adjustment shall be final and conclusive, unless the original applicant or an adverse party who participated in the board hearing makes application to the superior court for Snohomish County, as provided by law, for a writ of certiorari, a writ of prohibition, writ of mandamus, or land use appeal. (Ord. 2006-640 § 5. Formerly 2.18.050)

4.14.060 Internal organization.

The board of appeals/adjustment shall elect a chairperson from its members and shall adopt reasonable rules and regulations for conducting its meetings and proceedings. Said rules shall pertain only to the internal procedures of the board and said rules and procedures may be questioned only by members of the board. Nonmembers shall not have standing to question said procedures. The board shall render all decisions and findings in writing to the fire chief, building official, or other city official as appropriate, with a duplicate copy to the appellant and any party of record. (Ord. 2006-640 § 5. Formerly 2.18.060)

4.14.070 Meetings.

Board shall meet on an as-needed basis. Meetings will be called by the city manager or his/her designee. (Ord. 2006-640 § 5)