Chapter 17.63
BOARD OF ADJUSTMENT

Sections:

17.63.010    Board of adjustment – Created.

17.63.020    Board of adjustment – Rules and procedures.

17.63.030    Board of adjustment – Powers and duties.

17.63.050    Variance – Applications.

17.63.060    Variance – Notice of hearing.

17.63.070    Variance – Findings.

17.63.080    Variance – Limitations – Conditions.

17.63.090    Appeal from board of adjustment.

17.63.100    Repealed.

17.63.110    Application resubmittal.

17.63.010 Board of adjustment – Created.

There is created a board of adjustment for the city, consisting of five members appointed by the mayor and confirmed by a majority of the city council. Members shall be selected without regard to political affiliation and shall serve without compensation. The city council may, by a majority vote, remove any member of the board. The terms of the first five members appointed to the board of adjustment shall expire at the end of December of the following years: Position Number 1, 1996; Position Number 2, 1997; Position Number 3, 1998; Position Number 4, 1999; Position Number 5, 2000. Members shall serve staggered terms of five years and until their successors are appointed and confirmed. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.63.020 Board of adjustment – Rules and procedures.

The board of adjustment shall elect from among its members a chairman and vice-chairman and shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this title. Not less than one regular meeting shall be held each month of each year; provided, however, if no issues over which the board of adjustment has jurisdiction are pending, a meeting may be canceled. All meetings shall be open to the public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public records maintained by the city of West Richland. Three members of the board of adjustment shall constitute a quorum for the transaction of business. A majority vote shall be sufficient for the accomplishment of certain actions; provided, however, concurring votes of three members of the board of adjustment shall be necessary to decide in favor of an application for a variance. Where a majority vote is not forthcoming, the matter shall be considered denied unless further action is taken by the board of adjustment. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.63.030 Board of adjustment – Powers and duties.

The board of adjustment shall have the following powers and duties:

A. To hear, decide and grant or deny variances to the regulations contained in this title, when such variances are in harmony with the general purpose and intent of this title and are in accord with the general and specific rules contained herein. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.63.050 Variance – Applications.

A. A variance from the terms of this title shall not be granted by the board of adjustment unless and until a written application for variance is submitted demonstrating:

1. That special conditions and circumstances exist which are peculiar to the lands, structures or buildings in the same district.

2. The literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

3. That the special conditions and circumstances do not result from the actions of the applicant.

4. That granting the variance will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.

B. The application for a variance shall be accompanied by evidence of ownership of the property involved, an accurate legal description of the property involved, a list of the names and addresses of all owners of record of property within 600 feet of the subject property, a written narrative from the applicant that explains the request, and the application fee.

C. The application shall also be accompanied by a plot plan of the property showing location and dimensions of existing and proposed improvements, and the proposed location of accessory facilities such as automobile parking areas. If new building construction is involved, tentative plans and sketches shall also be submitted. Where use of existing buildings is involved, a floor plan showing existing conditions and proposed changes shall be submitted. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.63.060 Variance – Notice of hearing.

Notice of the date, time, place, and purpose of the public hearing on a request for variance shall be given as set forth in Chapter 14.03 WRMC. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.63.070 Variance – Findings.

The board of adjustment shall approve an application for a variance only when all of the following conditions are found:

A. That the granting of such variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed, is located.

B. That the granting of such variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounds of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located.

C. 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 located. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.63.080 Variance – Limitations – Conditions.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.

The board of adjustment shall not grant a variance under any circumstances to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this title.

The board of adjustment shall prescribe a time limit within which the action for which variance is granted is started or completed, or both. Failure to start or complete, or both, such section within the time limit set shall void the variance. Said time limits may be extended by the board of adjustment for good cause shown. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.63.090 Appeal from board of adjustment.

The actions of the board of adjustment shall be final and conclusive, unless appealed to Benton County superior court by a party of record, pursuant to WRMC 14.06.060. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.63.100 Fees.

Repealed by Ord. 16-15. [Ord. 40-07 § 1, 2007].

17.63.110 Application resubmittal.

Any application disapproved by the board of adjustment may not be resubmitted for a period of 12 months. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 32-95 § 1, 1995].