Chapter 17.24
BOARD OF ADJUSTMENT
Sections:
17.24.020 Appeal for variance.
17.24.030 Petitions supporting appeal.
17.24.040 Initiation of review action.
17.24.050 Review building inspector’s decision--Power to change.
17.24.060 Conditional property uses--Grants.
17.24.070 Variances--Power to grant--Conditions governing.
17.24.080 Findings for variances.
17.24.090 Time decision effective--Variance.
17.24.110 Restrictions on variances.
17.24.120 Procedure for special exceptions, variances.
17.24.130 Stay of proceedings.
17.24.140 Power to modify or revoke decision.
17.24.010 Created.
There is created a board of adjustment consisting of three regular members and one alternate member, all of whom shall be appointed by the mayor and confirmed by the council. Each regular member shall have a separate position, and each position shall have a staggered term of appointment so that one respective regular member’s term expires every year. The term of office for each regular member shall be three years. The alternate member shall serve a three-year term. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms. Members may be removed, after public hearing, by the mayor, with the approval of the council, for inefficiency, neglect of duty or malfeasance in office. Members shall serve without compensation, although their expenses incurred shall be paid upon approval of the council. (Ord. 20-09 §1; Ord. 1325 §6, 1992).
17.24.020 Appeal for variance.
Any person or persons aggrieved, or any officer, official of any department, board, or commission of the city, jointly or severally, may be the appellant, and may make a request for a conditional use or variance to the board of adjustment for relief from any provision of the Colfax Municipal Code or any determination of the building inspector in the application of the provisions of the Colfax Municipal Code to the appellant’s land and/or structure. The appellant shall appear at the public hearing at the time and place fixed by the board of adjustment in person, by agent or by attorney. (Ord. 20-09 §1; Ord. 1400 §1 (part), 1996; Ord. 1325 §5(part), 1992; Ord. 1244 §§2(part), 3(part), 5(part), 1989; prior code §18.20.030. Formerly 2.28.080).
17.24.030 Petitions supporting appeal.
Any person or persons aggrieved, jointly or severally, and any person, officer or official of any department, board or commission of the city may support or oppose, by petition or letter, the appellant’s request for a special exception. The petition or letter shall specify the reasons for supporting or opposing the appellant’s request, and shall contain the signature and description of the land of each property owner signing the petition or letter. The petition or letter shall be submitted to the board of adjustment at the time designated in its rules of procedure. (Ord. 20-09 §1; Ord. 1325 §5(part), 1992; Ord. 1244 §§2(part), 5(part), 1989; prior code §18.20.040. Formerly 2.28.090).
17.24.040 Initiation of review action.
The board of adjustment may initiate a review of the building inspector’s interpretation of the provisions of the zoning title by a motion, by virtue of a vote by a majority of the quorum, or a majority of the members present if such number exceeds a quorum; it also shall review any interpretation of the provisions of the zoning title made by the building inspector and any order, requirement, decision or determination relating thereto, upon receipt of an application or petition requesting a review of the interpretation; and it shall hear and decide all applications for conditional property uses and variances. (Ord. 20-09 §1; Ord. 1400 §1(part), 1996; Ord. 1325 §5(part), 1992; Ord. 1244 §§2(part), 5(part), 1989; prior code §18.20.050. Formerly 2.28.100).
17.24.050 Review building inspector’s decision--Power to change.
The board of adjustment may review any interpretation of the provisions of the Colfax Municipal Code made by the building inspector, and any order, requirement, decision, or determination relating thereto, in the application of the specific provisions of the zoning title to any parcel of land and/or structure. The board of adjustment may affirm or reverse the interpretation of the provisions of the Colfax Municipal Code made by the building inspector, and any order, requirement, decision or determination relating thereto; and the board of adjustment’s decision shall be based upon the record and the findings in each case, and to that end, it shall have all of the powers of the building inspector. (Ord. 20-09 §1; Ord. 1325 §5(part), 1992; Ord. 1244 §§2(part), 3(part), 5(part), 1989; prior code §18.20.060. Formerly 2.28.110).
17.24.060 Conditional property uses--Grants.
The board of adjustment shall hear and decide all applications for conditional use permits. The following standards, criteria and procedures shall apply to any conditional use permit authorized by this title:
A. A conditional use permit may only be granted for those uses specifically identified and allowed in the applicable use district, subject to the following limitations:
1. The conditional use and any conditions imposed will not adversely affect the public health, safety and welfare;
2. The proposed use does not have a significant adverse impact resulting in excessive noise, light and glare, or soil erosion on adjacent properties;
3. The proposed use, and any conditions imposed, will be in harmony with the purposes of the comprehensive plan as it relates to the area;
4. The proposed use with any conditions imposed will be in compliance with the standards set out in this title for the use district applicable to the proposed use;
5. The findings of fact adopted by the board of adjustment to support its decision clearly indicate that the above-listed criteria have been fulfilled.
B. The board of adjustment may impose any conditions or safeguards upon granting a conditional use permit which are necessary to ensure conformity with the provisions of this title and protection of the public health, safety and welfare. Failure to fulfill any condition imposed shall be a violation of this title. Conditions may include but are not limited to any of the following:
1. Specify a time limit within which action, for which the conditional use permit is required, shall be begun or completed, or both;
2. Require a periodic review of an issued permit to assure compliance with any imposed conditions;
3. Increase the required lot size or yard dimensions;
4. Limit the total lot coverage or height of buildings or structures because of obstructions to view, reduction of light and air to adjacent property, or incompatibility with surrounding uses;
5. Control the number and location of vehicular access points to the property;
6. Control the number of off-street parking or loading spaces;
7. Require suitable landscaping or drainage control;
8. Control signing;
9. Control hours of operation;
10. Control nuisance, generating features in matters of noise, colors, air pollution, wastes, vibration, traffic, physical hazards and glare. (Ord. 20-09 §1; Ord. 1492 §1, 2001: Ord. 1400 §2, 1996; Ord. 1325 §5(part), 1992; Ord. 1244 §§2(part), 5(part), 1989; prior code §18.20.070. Formerly 2.28.120).
17.24.070 Variances--Power to grant--Conditions governing.
The board of adjustment shall have the power to hear and decide applications for variances from any of the requirements of Title 17, the official city zoning map or any other land-use regulatory ordinances. No application for a variance shall be granted unless the board of adjustment finds:
A. The variance does not constitute a grant of special privilege to that property inconsistent with the limitations upon uses of other property in that zone; and
B. The variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of that property, and to provide that property with uses, rights and privileges permitted to other property in that zone; and
C. The variance will not be materially detrimental to the public welfare or injurious to other property or improvements in that zone. (Ord. 20-09 §1; Ord. 1325 §5(part), 1992; Ord. 1284 §1, 1991: Ord. 1244 §§2(part), 3(part), 5(part), 1989; prior code §18.20.080. Formerly 2.28.130).
17.24.080 Findings for variances.
The board of adjustment shall consider all relevant and material evidence which support and oppose each respective request before rendering its decision, and reasons in support thereof, which proceedings shall be recorded and preserved as required by law. (Ord. 20-09 §1; Ord. 1325 §5(part), 1992; Ord. 1244 §§2(part), 5(part), 1989; Ord. 1151 §1, 1983: prior code §18.20.090. Formerly 2.28.140).
17.24.090 Time decision effective--Variance.
The decision of the board of adjustment granting or denying a conditional property use and/or variance shall not become final until the expiration of five days from the date of entry of such decision in the official records of the board of adjustment, unless the board of adjustment finds that the making of the decision effective immediately is necessary for the preservation of property or personal rights, and shall so certify on the record of the request for special exceptions; and if a building permit and/or occupancy permit is not obtained by the appellant within one year from the date of the board of adjustment’s decision, the board of adjustment’s decision shall cease to be effective. Any final decision of the board of adjustment may be appealed to superior court if such appeal is filed and served within ten days of such decision. (Ord. 20-09 §1; Ord. 1400 §1(part), 1996; Ord. 1325 §§5(part), 7, 1992; Ord. 1244 §§2(part), 5(part), 1989; prior code §18.20.100. Formerly 2.28.150).
17.24.100 Notice and hearing.
All decisions of the board of adjustment regarding applications for conditional property uses and/or variances shall be reached only after a public hearing and after notice has been given by first-class mail sent at least fifteen days before the hearing to the applicant and to any property owners within three hundred feet of the respective property as determined by the Whitman County assessor’s records. In addition, notice of the time, place and purpose of such hearing shall be published in the official newspaper and posted on the property not less than fifteen nor more than thirty days previous to the hearing. (Ord. 20-09 §1; Ord. 1400 §1(part), 1996; Ord. 1325 §§5(part), 8, 1992; Ord. 1244 §§2(part), 5(part), 1989; prior code §18.20.110. Formerly 2.28.160).
17.24.110 Restrictions on variances.
The board of adjustment may require such restrictions upon the variances approved by it as may be reasonable under the particular circumstances. (Ord. 20-09 §1; Ord. 1325 §5(part), 1992; Ord. 1244 §§2(part), 5(part), 1989; prior code §18.20.120. Formerly 2.28.170).
17.24.120 Procedure for special exceptions, variances.
The clerk shall be the secretary to the board of adjustment and shall receive all applications for conditional uses, variances and requests for review of any decision of the building inspector. The clerk shall prepare, keep and maintain the agenda, minutes, rules and the written records of the meetings, resolutions, transactions, findings and determinations of the board of adjustment, which records shall all be considered public records. Upon the filing of any application, the building inspector shall prepare a report and submit it to the clerk who shall forward copies to the board of adjustment and the applicant. A majority of the membership of the board of adjustment shall constitute a quorum for the transaction of business. Any action taken by a majority of a quorum at any meeting shall be deemed and taken as the action of the board of adjustment. In the event any member of the board of adjustment cannot or is unable to attend any hearing, then the alternate member shall assume such absent member’s duties and responsibilities for any such hearing and/or application. (Ord. 20-09 §1; Ord. 1400 §1(part), 1996; Ord. 1325 §§5 (part), 9, 1992; Ord. 1244 §§2(part), 3(part), 5(part), 1989; prior code §18.20.130. Formerly 2.28.180).
17.24.130 Stay of proceedings.
The board of adjustment, upon notice as it shall determine, may issue such temporary orders or other relief in the event it finds that any property use is likely to cause immediate danger to persons or property. Any such order shall be effective for no more than thirty days, or until a hearing is conducted, whichever first occurs, at which hearing the board of adjustment shall consider evidence and make its findings, conclusions and order. (Ord. 20-09 §1; Ord. 1325 §§5(part), 10, 1992; Ord. 1244 §§2(part), 3(part), 5(part), 1989; prior code §18.20.140. Formerly 2.28.190).
17.24.140 Power to modify or revoke decision.
The board of adjustment shall retain the power and authority to modify, alter, terminate, revoke and rescind any decision granting a conditional use or variance if the terms and conditions thereof, if any, are not performed as otherwise required. (Ord. 20-09 §1; Ord. 1400 §1(part), 1996; Ord. 1325 §5(part), 1992; Ord. 1244 §§2(part), 5(part), 1989; Ord. 1169 §1, 1984. Formerly 2.28.200).
17.24.150 Nuisances--Ability to hear appeals.
Repealed by Ord. 20-09. (Ord. 15-18 §1, 2015).