The board of adjustment shall have the authority to grant a variance from the provisions of this title when the conditions as set forth herein have been found to exist, provided, that any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated.

(Ord. 241 § 13.13.01, 1998)

A.

Before any variance may be granted, it shall be shown: (a) that because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification; (b) that the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated.

B.

An application for a lot-size variance shall be submitted with a preliminary survey of the entire existing property.

(Ord. 333 (part), 2005; Ord. 241 § 13.13.02, 1998)

Upon application, the board of adjustment may grant conditional use permits for such uses as required under this title. The board of adjustment may deny an application if the characteristics of the intended use would create an incompatible or hazardous condition.

(Ord. 241 § 13.13.03, 1998)

(Ord. No. 486, § 29, 8-22-2023)

The purpose of a conditional use permit shall be:

A.

To assure, by means of imposing special conditions and requirements on development, that the compatibility of uses, a purpose of this title, shall be maintained, considering other existing and potential uses within the general area of the proposed use;

B.

The conditions imposed shall be those which will reasonably assure that nuisance or hazard to life or property will not develop. The board of adjustment may not use a conditional use permit to reduce the zoning requirements of the zone in which the use is to locate. Such reduction of requirements shall be accomplished through the medium of a variance.

C.

A request for a conditional use permit in the A-1 district shall also be subject to the provisions of Section 17.12.040. A request for a conditional use permit in the A-2 district shall also be subject to the provisions of Section 17.16.040. A request for a conditional use permit for a secondary use of an accessory structure in the A-1, A-2 and G-5 districts shall also be subject to Section 17.60.060.

(Ord. 333 (part), 2005; Ord. 241 § 13.13.04, 1998)

Upon the filing of an application for a variance or a conditional use permit by a property owner, or by a lessee, which application sets forth fully the grounds for, and the facts deemed to justify the granting of the variance or conditional use permit, the board of adjustment shall give notice of a public hearing to consider the matter.

(Ord. 241 § 13.13.05, 1998)

The board of adjustment shall have the authority to hear and decide appeals from any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title.

(Ord. 241 § 13.13.06, 1998)

Appeals from administrative decisions may be taken to the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the county affected by any decision of an administrative official. Such appeals shall be filed in writing in duplicate with the board of adjustment within twenty (20) days of the date of the action being appealed.

(Ord. 241 § 13.13.07, 1998)

Upon the filing with the board of adjustment of an appeal from an administrative decision, the matter shall be set for consideration, and notice given as provided herein. Upon receiving notice of the appeal, the officer from whom the appeal is being taken shall forthwith transmit to the board of adjustment all of the records pertaining to the decision being appealed, together with such additional written report as he/she deems pertinent.

(Ord. 241 § 13.13.08, 1998)

The board of adjustment may, in conformity with this title, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, insofar as the decision on the particular issue is concerned. In making its determination the board of adjustment may hear any pertinent facts bearing on the case.

(Ord. 241 § 13.13.09, 1998)

Not more than thirty (30) days after the termination of the proceedings of the public hearing on a variance or conditional use permit, or not more than thirty (30) days after termination of the proceedings involving an appeal from an administrative decision, the board of adjustment shall announce its findings and decision. If a variance or conditional use permit be granted, the record shall show such conditions and limitations as the board of adjustment may impose. If an administrative decision is reversed or modified, the record shall show the findings of facts upon which the board made its determination.

(Ord. 241 § 13.13.10, 1998)

After a conditional use permit or variance has been granted, non-substantive amendments may be made to the conditional use permit or variance by the administrator. If the administrator determines that the requested amendment is substantive in nature, a new application for a conditional use permit or variance shall be resubmitted in compliance with this title.

(Ord. No. 501, § 13, 6-10-2025)

Editor's note— Ord. No. 501, § 13, adopted June 10, 2025, repealed the former § 17.80.110, and enacted a new § 17.80.110 as set out herein. The former § 17.80.110 pertained to notice of decision of board of adjustment and derived from Ord. 241 § 13.13.11, 1998.

The decision of the board of adjustment shall be final and conclusive unless within twenty-one days from the date of action a petition is filed for review in superior court under the Land Use Petition Act.

(Ord. 299 § 7, 2002: Ord. 291 § 7, 2001: Ord. 241 § 13.13.12, 1998)

(Ord. No. 486, § 30, 8-22-2023)

The decision of the planning commission on a special use permit shall be final and conclusive unless within twenty-one days from the date of action a petition is filed for review in superior court under the Land Use Petition Act.

(Ord. 241 § 13.13.13, 1998)

(Ord. No. 486, § 31, 8-22-2023)