Palouse City Zoning Code
§ 17.04.100
Board of adjustment.
A.
Board of Adjustment – Members – Meetings – Regulations.
1.
There is created a board of adjustment. The board of adjustment shall consist of five members, all of whom shall serve without compensation. The board of adjustment shall be appointed by the mayor and approved by the Palouse city council for appointments and vacancy. Any member may be removed by the mayor. The initial membership shall consist of appointments for terms of one, two, three, four, and five years; each appointment thereafter shall be for two years.
2.
The presence of three voting members of the board of adjustment shall constitute a quorum. The board shall keep minutes of its proceedings, showing the action of the board on each question, and shall keep records of its examinations and official actions, all of which shall remain on file with the city clerk-treasurer.
3.
The board shall adopt rules and regulations for its own government.
B.
Board of Adjustment to Hear and Decide Conditional Use Permits – Procedure. The board of adjustment shall hear and decide all applications for conditional use permits. The following standards, criteria, and procedures shall apply to any conditional use permit authorized by this title.
1.
A conditional use permit may only be granted for those uses specifically identified and allowed in the applicable use district, subject to the following limitations:
a.
The conditional use and any conditions imposed by the board of adjustment will not adversely affect the public health, safety and welfare.
b.
The proposed use, with any conditions imposed, will be in compliance with the standards set out in this title for the use district applicable to the proposed use.
c.
The findings of fact adopted by the board of adjustment to support their decision clearly indicate that the above-listed criteria have been fulfilled.
2.
The board of adjustment may impose any conditions or safeguards upon granting a conditional use permit which are necessary to ensure conformity with the provisions of this title and protection of the public health, safety and welfare. Failure to fulfill any condition imposed by the board of adjustment shall be a violation of this title, and the permit may be revoked. Conditions may include, but are not limited to, the following:
a.
Specify a time limit within which the action for which the conditional use permit is required shall be begun or completed, or both;
b.
Require a periodic review of an issued permit to assure compliance with any imposed conditions;
c.
Increase the required lot size and yard dimensions;
d.
Limit the height or total lot coverage of buildings;
e.
Control the number and location of vehicular access points to the property;
f.
Control the number of off-street parking or loading spaces;
g.
Require suitable landscaping and drainage control;
h.
Control signing;
i.
Control hours of operation;
j.
Control nuisance matters of noise, colors, air pollution, wastes, vibration, traffic, physical hazards and glare.
C.
Board of Adjustment to Hear and Decide Variances – Circumstances Applicable.
1.
The board of adjustment shall hear and decide all applications for variances from the requirements of this title. Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the standards and limitations applied to other properties in the use district. The findings of fact adopted by the board of adjustment to support their decision indicate that the following circumstances apply:
a.
When special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, the strict interpretation of the zoning standards is found to deprive the subject property of rights and privileges enjoyed by other properties under identical zone classifications;
b.
The granting of the variance will not be detrimental to the public health, safety, and welfare, or be injurious to other properties and improvements in the vicinity of the subject property;
c.
The variance is not required solely due to actions by the applicant which prevent direct compliance with use standards applicable to the subject property;
d.
The variance is not required simply for economic benefit constituting a grant of special privilege to the subject property.
D.
Hearings – Notice Procedure. Applications to the board of adjustment shall be filed with the administrative officials on approved forms. Upon receipt of application for a conditional use or variance, the administrative officials shall set the time and place for a public hearing, and written notice thereof shall be addressed through the United States mail to all property owners of record within a radius of 300 feet of the exterior boundaries of the subject property. The written notice shall be postmarked not less than 12 days prior to the hearing.
E.
Effect of Board Action. The action by the board of adjustment on an application for a conditional use permit or a variance shall be final and conclusive unless, within 21 days from the issuance of the board's decision, a land use petition is filed in superior court in accordance with RCW 36.70C.040. Chapter 36.70C RCW shall be the exclusive means of judicial review of city of Palouse board of adjustment land use decisions.
(Ord. 922 § 1, 2014)
