Chapter 2.30
BOARD OF ADJUSTMENT
Sections:
2.30.010 Created.
2.30.020 Membership.
2.30.030 Selection of officers.
2.30.040 Compensation.
2.30.050 Jurisdiction.
2.30.060 Hearings on variances.
2.30.070 Hearings on appeals from decisions.
2.30.080 Effective date of orders.
2.30.090 Reversal of administrative decision.
2.30.100 Meetings of the Board.
2.30.110 Notices.
2.30.120 Procedure.
2.30.130 Stay.
2.30.140 Appeal from Board to Court.
2.30.010 Created.
Pursuant to authority conferred by Chapter 35A63.110 Laws of 1967, state of Washington, a Board of Adjustment of the City of Mountlake Terrace, consisting of five members, is hereby created. (Ord. 2124 § 1, 1996).
2.30.020 Membership.
The Board consisting of five members, appointed by the City Council, shall be composed of bona fide residents of the City of Mountlake Terrace and having familiarity with the Zoning Ordinance of the City, and having an understanding of the benefits of planning to the municipality. No member of the Board of Adjustment shall be a member of the Planning Commission or the City Council. Members shall be appointed for a term of four years which shall expire on the thirtieth day of June of the last year for which the term is made; provided, that members shall remain in office until their successors are appointed and confirmed. The terms of the positions on the Board shall be overlapping.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the remainder of the term of the member being replaced. Vacancies shall be filled in the same manner as original appointments.
Regular attendance by members is necessary for the efficient operation and effective completion of business. Three nonexcused absences from regular meetings in a calendar year shall constitute an automatic resignation from the members. A member may request that an absence be excused either before or after the absence occurs. Any member who ceases to have the qualifications provided in this section shall be deemed to have forfeited his or her office.
Upon request of a Board member, the City Council may make a temporary appointment to replace a Board member who will be absent from meetings for a prolonged period.
Upon motion by any member of the Council, and approval by a majority of the City Council, the appointment of any member serving on the Board may be terminated for cause. The City Council shall thereafter proceed with the appointment of a new member to complete the term of office. (Ord. 2309 § 1, 2002; Ord. 2124 § 2, 1996).
2.30.030 Selection of officers.
The members of the Board shall at the first meeting after annual City Council appointments have occurred select from among their members a chairman and a vice chairman who shall serve in that capacity for a one-year term. (Ord. 2309 § 2, 2002; Ord. 2124 § 3, 1996).
2.30.040 Compensation.
No Board member shall receive any compensation from the City for his or her service on the Board of Adjustment. (Ord. 2124 § 4, 1996).
2.30.050 Jurisdiction.
The Board of Adjustment is empowered to hear and decide:
A. The Board shall have original jurisdiction to review appeals from orders, recommendations, permits, decisions, or determinations made by a City official in the administration or enforcement of the provisions of the Zoning Ordinance or application of any specific provision of the City Zoning Ordinance to any land or structure. The Board may also review the application or appeal of any officer, official of any department, board, or commission of the City whose duties and responsibilities are adversely affected by the decision of another City officer, official, board or commission.
B. Applications for variances from the terms of the Zoning Ordinance, the Official Zoning Map or other land use regulatory ordinances under procedures and conditions prescribed by City ordinance. No application for a variance shall be granted unless the Board of Adjustment finds:
1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and
2. That such variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
3. That the granting of such 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.
C. Applications for conditional use permits subject to the provisions for conditional uses in zoning districts set forth in the Zoning Ordinance of the City.
D. In deciding any of the matters referred to in subsections A, B, and C of this section, the Board of Adjustment shall issue a written report giving the reasons for its decision. Such report may be in the form of motions recorded in the official minutes of the meeting with such motions giving the decision of the Board of Adjustment and the reasons for that decision. And further, that within seven days a written directive be furnished to the applicant informing them of such decisions. (Ord. 2124 § 5, 1996).
2.30.060 Hearings on variances.
The Board shall set a date for hearings of applications for variances, at which hearings, any interested person may appear and be heard subject to reasonable rules and regulations provided by the Board. Attendance thereat of City officials may be compelled by the Board. A report by the Planning Commission of the City may be required for the purpose of obtaining information as to the effect of the proposed variance upon the use, enjoyment and value of the land and buildings within the use district and such report may contain other pertinent information regarding the many existing or pre-existing conditions relating to topography, geology, and other factors relating to the Comprehensive Plan of the City. (Ord. 2124 § 6, 1996).
2.30.070 Hearings on appeals from decisions.
An applicant or appellant appealing a decision of a City official shall specify in writing the facts in support of the appeal which shall contain such information as is necessary for the proper identification of the land and proposed use and the reason for claiming an error in the administrative determination of any City official. Persons objecting to the relief sought by the applicant or appellant shall likewise set forth the facts in support thereof in writing which shall contain the signature of the person or persons opposing the petition. The petition or objection shall be submitted to the Board. (Ord. 2124 § 7, 1996).
2.30.080 Effective date of orders.
The order of the Board granting or denying a special property use, variance or reviewing the administrative determination of a City official, shall become effective immediately upon the entry of such order in the official records of the Board unless the Board shall find that the making of such decision or order effective immediately would create a condition of practical impossibility or unnecessary hardship, in which case, the Board shall set a new and different effective date which in no event, shall be more than 30 days from the date of entry of such order. In exercising the above mentioned powers, the Board, in conformity with the provisions of this chapter, may reverse or affirm wholly or partly and may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decisions or determination as should be made in the premises. (Ord. 2124 § 8, 1996).
2.30.090 Reversal of administrative decision.
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, or determination of any Administrative Official. (Ord. 2124 § 9, 1996).
2.30.100 Meetings of the Board.
The following rules and guidelines are hereby established for meetings of the Board:
A. Regular meetings shall be held the third Tuesday of each month.
B. Regular meetings shall be held at the City Civic Center in the Council Chambers.
C. All regular Board meetings shall be open to the public.
D. Robert’s Rules of Order shall prevail in the conduct of all regular meetings of the Board.
E. The presence of three members shall be necessary to constitute a quorum, and vote shall be recorded of each member on each question considered in proceedings before the Board.
F. All cases before the Board must be represented by an individual authorized to represent that case before the Board. (Ord. 2193 § 1, 1998; Ord. 2124 § 10, 1996).
2.30.110 Notices.
At least 10 days prior to the date of the hearing of such application, a posting of the public hearing notice shall be made at the project site, as well as the three regular posting sites, and shall contain a brief description of the nature of the pending application, the property involved, and the date, time, and place of such hearing. (Ord. 2193 § 2, 1998; Ord. 2124 § 11, 1996).
2.30.120 Procedure.
A. Petitions or applications for hearings by the Board shall be filed with the Clerk of the City unless the City Manager shall provide and designate a Secretary of the Board, in which case, such filings shall be with such Secretary. The Clerk of the City, or the Secretary of the Board, as the case may be, shall be the custodian of all records of the meetings, findings, conclusions, and orders of the Board. All such records shall be open to the public.
B. Each applicant for a variance or conditional use of residential property shall pay to the Clerk of the City a fee as specified in City ordinances. Home occupation applicants shall pay a fee as specified in City ordinances. All fees shall be applied to the City’s costs in processing applications. Conditional uses which constitute an indirect change in zoning shall be charged a review fee of the use category to which the proposed land use most closely relates as established in Section 7.19A of Ordinance No. 644.*
C. Upon the filing of such application, the Administrative Officials shall forthwith transmit to the Board, application papers and data constituting the Administrative Official’s record relating to such property.
D. Any applicant as aforesaid who deems it necessary that the Board take immediate action upon any such application, may request the Board to hold a special meeting to consider the said application. The Board may, in its sole discretion, determine whether or not a special meeting should be called for such purpose. If a special meeting is, in fact, held pursuant to such request, then the applicant shall be required to pay a fee according to an ordinance establishing such fees in addition to all other fees herein above provided. The 10-day notice shall still be required before a special meeting. (Ord. 2124 § 12, 1996).
*Code reviser’s note: Ord. 644 was repealed by Ord. 1603.
2.30.130 Stay.
A request for a review by the Board shall stay all proceedings, entry of orders and furthermore of action from which the request for a review was taken, unless the official from whose determination the appeal is taken, certifies to the Board, after notice of appeal that by reason of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property or would create an unnecessary hardship to other property owners. In such case, such action shall not be stayed otherwise than by a restraining order lawfully issued by the Superior Court of the state of Washington for Snohomish County. (Ord. 2124 § 13, 1996).
2.30.140 Appeal from Board to Court.
All actions of the Board of Adjustment shall be final and conclusive, unless, within 10 days from the date of the action, the original applicant or an adverse party makes application to the Superior Court for the county in which that City is located. (Ord. 2124 § 14, 1996).