Longview City Zoning Code

Applicability. The appeal board of adjustment shall hear and decide appeals where it is alleged that there is an error in any decision, interpretation, or determination made by the community development director in the consideration of seasonal sales temporary use permits (Chapter 19.41 LMC), boundary line adjustments (Chapter 19.68 LMC), short subdivisions (Chapter 19.67 LMC) and type A binding site plans (Chapter 19.90 LMC). Appeals to the board may be taken by any person aggrieved by or affected by the decision of the community development director.

Stay of Proceedings. When an appeal is filed to the board, all proceedings in furtherance of the action affected by the decision being appealed shall be stayed, unless:

Decision.

Notice of a public hearing for all open-record appeals shall be given as follows:

Recognizing that there are certain uses of property that may or may not be detrimental to the public health, safety, morals and general welfare, depending upon the facts in each particular case, a limited power to issue special permits for such uses is vested, by special mention in this title, in the board.

The board shall have and exercise original jurisdiction in receiving, granting or denying all applications for such special property uses as are provided for in this title and shall have the power to place in such permits, conditions or limitations in its judgment required to secure adequate protection to the zone or locality in which such use is to be permitted. No special permit shall be issued by the board until after public hearing, as hereinafter provided, and until after the building official has found that all other provisions of this code, with which compliance is required, have been fulfilled.

No such special property use permit shall be granted by the board unless it finds:

The placement, construction, erection and maintenance of wayfinding signs, as defined in LMC § 16.13.040(73), in all use districts, shall be deemed a special property use.

Any person or persons aggrieved, or any officer, official of any department or commission of the city, jointly or severally, may file a written petition with the board for a review of the building official's interpretation of the provisions of LMC Title 16 or 19. Such petition shall be filed with the office of the city clerk within 10 days after the petitioner shall receive either written or oral notice of the interpretation of any provision of LMC Title 16 or 19 by which petitioner shall deem himself to be aggrieved. Such petition shall set forth the provision of this code which the building official has interpreted, the building official's interpretation thereof, the petitioner's interpretation of the same and the reasons why the petitioner believes the interpretation of the building official to be incorrect. Such petition shall contain the name or names of all aggrieved parties and the names of all attorneys or agents representing such aggrieved parties together with the mailing address of such parties, their agents and attorneys. The city clerk shall transmit said petition to the secretary of the board prior to the next regular meeting of the board. The secretary of the board shall present the petition to the board at its next regular meeting and the board, at such meeting, shall fix a date for the hearing on said petition which date shall not be less than 10 nor more than 60 days from the date upon which said petition was presented to the board. At least five days prior to the date fixed for such hearing the secretary of the board shall cause to be mailed to the petitioner or his agents or attorneys, at the respective addresses shown on the petition, a notice of the time and place of the hearing on said petition. At such hearing the petitioner may appear in person, by agent or by attorney. All city officials and other interested persons may be heard at such hearing in support of or opposition to such petition.

The board may affirm or reverse the interpretation of the provisions of LMC Title 16 or 19 made by the building official, and any order, requirement, decision, or determination relating thereto made by him; the board's decision shall be based upon the record and the evidence in each case, and to that end it shall have all of the powers of the building official. Unless a majority of the entire board votes in favor of reversing the decision of the building official such decision shall stand affirmed. The board shall maintain in the office of the building official full and complete written records of all decisions involving the interpretation of the provisions of said titles, which records shall be open to public inspection during all regular business hours. The board's jurisdiction shall not be construed as an authorization to violate any provisions of this code.

If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official, or varies the application of any provision of this code, the building official shall take action immediately in accordance with such decision.

By United States mail addressed to the applicant and to the owners of all adjoining or abutting property. (Property separated from the proposed use by a street, highway or other public road or alley shall be construed to be adjoining or abutting for the purpose of giving notice; and notices addressed to the last known address of the person making the latest property tax payment shall be deemed proper notice to the owner of such property);

By not less than two printed or written notices posted in a conspicuous place at or near the location of the proposed use;

By publishing two notices thereof in the official newspaper of the city, such notices to be published at least three days apart. Such notices shall contain the name of the applicant or applicants, the legal description of the property involved, the special property use requested, the date, time and place of the public hearing thereon and shall specify that any person interested may appear at such public hearing and be heard either for or against such application.

The variance will not constitute a grant of special privileges inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and

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

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 situated; and

The need for the variance is not the result of any action taken by the applicant.

The foregoing provisions of LMC § 19.12.080 through § 19.12.130 shall apply equally to requests for variances as well as to requests for special property uses; provided, however, LMC § 19.12.090(2) and (3) shall not apply to requests for variances.

With each application filed for a variance there shall be paid by the applicant, at the time of filing the application with the community development department, a fee in accordance with the community and economic development department master fee schedule to defray the city's costs and expenses in processing such application, including the publication and mailing of the notices required.