§ 17.48.020. Board of appeals—Powers and duties.

The zoning board of appeals shall have all the powers and duties prescribed by law and by this title, which are more particularly specified as follows:

A.

Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this title, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

B.

Special Use Permits. To conduct a hearing on all applications for special use permits for any of the uses for which this title requires the obtaining of such permits from the board of appeals; or for the extension of a building or use as such existed at the time of the passage of the ordinance codified in this title into a contiguous more restrictive district for a distance not exceeding fifty feet; not for any other use or purpose. The zoning board of appeals shall not recommend to the city council that any special use permit be granted by the city council unless the board of appeals finds that:

1.

The use is listed in the title as a special permitted use.

2.

All provisions of the title governing the issuance of such permits are followed exactly.

3.

The board of appeals has the duty of conducting hearings on applications for special permits or special use permits and to make all of the considerations and set forth all the findings in writing as is required for variances, as stated in subsection C of this section. The special permits, uses or special use permits shall be heard before the board of appeals at a public hearing, of which there shall be notice of the time and place of the hearing published at least once, not more than thirty nor less than fifteen days before the hearing, in one or more newspapers published in the city. The board of appeals shall forward their recommendation for such special use permits, special permits, or uses to the city council who shall grant or deny such special use permit, or special permit or temporary special permit, without further public hearing, by ordinance.

C.

Variances. To conduct a hearing to vary or adopt the strict application of any requirements of this title, and to recommend to the city council, which shall have final power to determine and approve, variations exercisable by the adoption of ordinances. The city council is to determine and vary the application of any of the requirements of this title in harmony with their general purpose and intent where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of these regulations relating to the use, construction, or alteration of buildings or structures, or the use of land. The board of appeals is to consider, and the city council is to consider, the standards of practical difficulties or particular hardships, and it must be shown to the board of appeals and to the city council, and finding shall be made that:

1.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;

2.

The plight of the owner is due to unique circumstances;

3.

The variation, if granted, will not alter the essential character of the locality;

4.

The proposed variance will not be unreasonably detrimental to the value of the surrounding properties in the neighborhood in which it is located;

5.

That the proposed variance complies with all provisions of the applicable district regulations;

6.

That adequate utilities, ingress/egress to the site, access roads, drainage and other such necessary facilities have been or will be provided;

7.

That the proposed use can be operated in a manner that is not detrimental to the permitted development and uses in the zoning district, can be developed and operated in a matter that is visually compatible with the permitted uses in the surrounding area, and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the city.

The recommendation of the board of appeals is to be communicated in writing along with the above-captioned findings to the clerk of the city who shall submit to the city council at the next special or regular meeting. No such variation shall be made, except in a specific case and after a public hearing before the board of appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty nor less than fifteen days before the hearing, in one or more newspapers published in the municipality, or, if not newspapers are published therein, then in one or more newspapers with a general circulation within the municipality. This notice shall contain the particular location for which the variation is requested, as well as a brief statement of what the proposed variation consists. The corporate authorities, by ordinance, without further public hearing, may adopt any proposed variation indicated to it by the board of appeals, or may refer it back to the board of appeals for further consideration, and any proposed variation which fails to receive the approval of the board of appeals shall not be passed by the city council except by the favorable vote of two-thirds of all aldermen. Every variation shall be accompanied by findings of facts and shall refer to any exhibits containing plans and specifications for the proposed use or variation, which shall remain a part of the permanent records of the board of appeals. Findings of fact shall specify the reason or reasons for making the variation. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact of the board of appeals or ordinance. Property for which relief has been granted shall not be used in violation of the specific terms of the board of appeal's findings or the findings recited in the ordinance, unless its usage is changed by further findings of fact of the board of appeals and additional ordinances.

D.

Rules and Regulations. To adopt such rules and regulations as may be deemed necessary from time to time to carry into effect the provisions of this title.

E.

Procedure. The board of appeals shall act in strict accordance with the procedure specified by law and by this title. All appeals and applications made to the board shall be in writing, on forms prescribed by the board. Every appeal or application shall refer to the specific provision of the ordinance involved, and shall set forth exactly the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

(Ord. No. 2008-24, § 1, 12-15-2008)