Cathlamet City Zoning Code
18.60 Board
of Adjustment
(1) People desiring consideration by the board shall apply to the secretary of the board and shall supply such information as the board may require to identify the land and determine the reason for the appeal.
(2) Each application by a property owner shall be accompanied by a receipt for a fee of $10.00 paid to the town treasurer to cover the town’s cost of handling the application, no part of which fee is returnable.
18.60.010 Membership and terms.
Membership in the board of adjustment, herein designated as the "board" shall be coextensive with members of the planning commission of the town of Cathlamet.
In the event of the death or resignation of a member of the board, his or her unexpired term shall be filled by appointment by the council. Rules governing membership of the planning commission shall likewise govern membership on the board of adjustment. See Chapter 18.55 CMC. (Ord. 369 § 12(A), 1995)
18.60.020 Meeting and rules of order.
The meetings of the board shall be held in the Town Hall, at such times as shall be determined by the board.
Three members of the board shall constitute a quorum. Each member of the board shall be given notice of each meeting. The town clerk shall act as clerk and secretary of the board. (Ord. 369 § 12(B), 1995)
18.60.030 Jurisdiction of the board.
(1) The board shall have the following powers:
(a) To make special exception in harmony with the general purposes and intent of the zoning ordinance and according to the specific provisions of the zoning ordinance, upon request of the owner of the property in question;
(b) To hear and decide appeals from property owners on actions or decisions by an administrative official in the administration or enforcement of the zoning ordinance;
(c) To review any action or interpretation of an administration official relative to the zoning ordinance either at the request of the official or upon its own initiative.
(2) The board shall not rehear any case on the same grounds within a period of one year from the date of its decision. (Ord. 369 § 12(C), 1995)
18.60.040 Application to the board.
(1) People desiring consideration by the board shall apply to the secretary of the board and shall supply such information as the board may require to identify the land and determine the reason for the appeal.
(2) Each application by a property owner shall be accompanied by a receipt for a fee of $10.00 paid to the town treasurer to cover the town’s cost of handling the application, no part of which fee is returnable.
(3) People objecting to the relief sought by the applicant shall likewise set forth their views and evidence in writing and be signed by the objectors. The application or objection shall be submitted to the board within the time provided in its rules of procedure. (Ord. 369 § 12(D), 1995)
18.60.050 Notices.
Three notices of a pending hearing of the board upon an application affecting the use of land or buildings shall be posted within the vicinity of the land or building in questions at least seven days prior to the hearing. Additional advertisement may be made through the radio or press at the discretion of the board. (Ord. 369 § 12(E), 1995)
18.60.060 Hearings.
(1) All official actions of the board shall be subject to due notice and public hearing, as established by its rules. Any interested person may appear and be heard subject to procedure adopted by the board. The board may compel attendance at hearings by town officials.
(2) A report by the enforcement official may be required for the purpose of obtaining information as to the effect of a proposed variance upon the use, enjoyment, safety and value of the land and buildings nearby. Such report may contain other information on existing or pre-existing conditions relating to topography, geology, traffic, utilities, existing and proposed land use and factors pertaining to the comprehensive plan of the town. (Ord. 369 § 12(F), 1995)
18.60.070 Conditions for special exceptions.
(1) Variances. Where difficulties exist rendering compliance with the zoning ordinance impractical and such compliance would create unnecessary hardship for the owner or user of land or buildings, the board may grant a variance after investigation, provided all of the following conditions exist:
(a) The difficulty would apply to the particular land or building regardless of the owner;
(b) The request for variance is not the result of an illegal act on the part of the applicant;
(c) The plight of the owner is due to unique circumstances such as lot size or shape, topography and size of buildings, which are not the general condition of the surrounding area;
(d) The hardship asserted as a ground for variance must arise out of the zoning ordinance;
(e) The particular difficulty or unnecessary hardship asserted as a ground for a variance must relate to the premises for the benefit of which the variance is sought and not to other premises or personal conditions of the applicant.
(2) Conditional Property Uses. The board shall have and exercise its jurisdiction over conditional property uses according to the standards and conditions established herein. (Ord. 369 § 12(G), 1995)
18.60.080 Board’s findings.
In making its findings, the board shall investigate the appellant’s request in relation to the provisions of this title. In the case of an application for a variance, the board shall also investigate present land use, density of buildings within the neighborhood area of the applicant’s land, conditions existing or predating this title concerning topography, traffic, automobile parking, and utilities; and such other information as is set forth in official maps, development plans, reports, and findings of the enforcement officer. The board shall adopt for its records such policies as can reasonably be developed for its own guidance in dealing with the more common types of request for adjustment. (Ord. 369 § 12(H), 1995)
18.60.090 Records.
The board shall keep a record of its proceedings, findings, and action; in each case, giving specific reasons for its action and for any deviation from policy it may have established in past cases. The vote of each member on each question shall appear in the record. All records of the board shall be open to the public. (Ord. 369 § 12(I), 1995)
18.60.100 Stay.
Upon applying for a special exception, the applicant shall stay any grading, construction, or alteration on the property concerned pending action by the board. (Ord. 369 § 12(J), 1995)
18.60.110 Appeals.
Any person may appeal a decision of the board which is adverse to their interests to the town council by filing a written notice of appeal with the town clerk within 20 days of such adverse decision. The town council shall hear and determine said appeal no later than the conclusion of its next regularly scheduled meeting. The decision of the council shall be final. (Ord. 369 § 12(K), 1995)