It is the policy of the board to provide for relief in cases of hardship, and a process of appeal to govern situations in which parties affected by these zoning regulations allege improper administrative actions.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 416) § 6.1, 1978).

To carry out the intent and policy of the board, a board of adjustment is created.

(Res. 13678 (Vol. 39, page 346)(part): Ord. 62678 (Vol. 29, page 416) § 6.2, 1978).

The board of adjustment shall consist of five voting members, all of whom shall be appointed, serve, and be removed in accordance with the provisions of RCW Chapter 36.70. One member of the board of adjustment may be an appointed member of the planning commission.

(Ord. O071304 (Vol. 107, page 464), 2004; Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 416) § 6.2:1, 1978).

The presence of three voting members shall constitute a quorum.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 416) § 6.2:2, 1978).

The jurisdictional duties and powers of the board of adjustment are as follows:

A.

Hearing and deciding applications for conditional uses (principal and accessory) expressly provided for in certain districts;

B.

Application for variances from the terms of this title; 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 district in which subject property is situated, and that the following circumstances are found to apply:

1.

Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zoning district classifications.

2.

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 zoning district in which subject property is situated;

C.

Appeals, where it is alleged by the applicant that there is error in any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this title.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 416 and 417) § 6.2:3, 1978).

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

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 417) § 6.3, 1978).

Upon the filing of an appeal from an administrative determination, or from the action of the director of planning, the board of adjustment shall set the time and place at which the matter will be considered. At least a fourteen-day notice of such time and place, together with one copy of the written appeal, shall be given to the official whose decision is being appealed. At least fourteen days' notice of the time and place shall also be given to the adverse parties of record in the case. The official 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 from, together with such additional written report as he deems pertinent.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 417) § 6.5, 1978).

In exercising the powers granted herein, the board of adjustment may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the official from whom the appeal is taken, insofar as the decision on the particular issue is concerned.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 417) § 6.6, 1978).

Upon the filing of an application for a conditional use permit or a variance, the board of adjustment shall set the time and place for a public hearing in such matter, and written notice thereof shall be mailed to all property owners of record within a radius of three hundred feet of the exterior boundaries of subject property. The written notice shall be mailed not less than fourteen days' prior to the hearing.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 417) § 6.4, 1978).

The action by the board of adjustment on an application for a conditional use permit or a variance, or on an appeal from the decision of the director of planning or an administrative officer shall be final and conclusive unless within twenty-one days from the date issuance the original applicant or an adverse party files an appeal to a court of competent jurisdiction.

(Ord. O031505 (Vol. 111, page 493) § 1(part), 2005: Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 417 and 418) § 6.7, 1978).

The board of adjustment shall, in making an order, requirement, decision or determination, include in a written record of the case the findings of fact upon which the action is based.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 418) § 6.8, 1978).

Any interested citizen or administrative officer of the county may appeal to the board from rulings of the planning commission where such ruling allegedly is adverse to his interests. Written notice of appeal from such rulings shall be filed within fourteen days from such ruling. Thereupon, the planning commission shall forthwith transmit to the board all papers constituting the record upon which the ruling was made. The board at its hearing may receive such further evidence as seems relevant. After a hearing, the board may overrule or alter the decision of the planning commission by a majority vote of the full board.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 418) § 6.9, 1978).

If a quasi-judicial hearing is to be heard by the board of county commissioners, the board of county commissioners may elect to designate a hearing examiner to hear the matter. The procedures of the county code which are applicable to the specific permit decision and/or appeal shall apply to the decision of the hearing examiner. Except in the case of a rezone, the examiner's decision shall be final, with a right of appeal to superior court within twenty-one days of decision issuance. For rezones, the examiner's decision shall be given the effect of a recommendation to the board of county commissioners. The hearing examiner shall be responsible for addressing procedural questions, such as whether briefing is to be submitted before the hearing. The hearing examiner may establish other deadlines to expedite the proceedings and issue preliminary rulings as appropriate.

(Ord. O051804 (Vol. 106, page 632) § 3, 2004).

An application for a variance, conditional use permit, or appeal shall be filed with the director of planning on a form provided by the director. Application must be accompanied by a check made payable to the county in the sum set by ordinance of the board of county commissioners which shall be nonrefundable and used to cover costs incurred in processing such application.

(Ord. 32982 (Vol. 35, page 384)(part), 1982: Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 418) § 6.10, 1978).

If a proposal requires conditional use permit approvals under both county zoning and county shoreline management regulations, only one public hearing will be held for the proposal; that such public hearing shall be held by the planning commission; that final disposition of the shoreline management conditional use by the board of county commissioners will also serve as final disposition of the conditional use required under zoning regulations.

(Res. 03487 (Vol. 41, page 630) 1987).