A Board of Adjustment shall be established in accordance with the provisions of Section 10.3 of the City Charter.

When in its judgment the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safe-guards, authorize and shall have the power to grant the following special exceptions to the regulations herein established:

8.201: Permits the reconstruction of a building occupied by a non-conforming use, provided such reconstruction does not prevent the return of such property to a conforming use.

8.201a: Permits the extension of or enlargement of a building occupied by a non-conforming use, under such conditions as the Board of Adjustment may deem necessary in order to protect other property in the neighborhood, provided such extension or enlargements:

A.

Does not prevent the return of such property to a conforming use;

B.

Does not exceed twenty-five (25) per cent of the ground area of the existing building;

C.

Will not prevent compliance with applicable side yard requirements; and

D.

Does not allow such building to be used for any use which would normally be restricted to a more restrictive classification than the present use.

8.202: Permit such modifications of the yard, open spaces, lot area, or lot width regulations, as may be necessary to secure appropriate development of a parcel of land where such parcel was separately owned at the time of the passage of this Ordinance and is of such restricted area and shape of the lot that it cannot be appropriately developed without such modifications.

8.203: Permit the use of a lot or lots in a R-1, R-2 or R-P District adjacent to a P-C District even if separated there from by an alley for the parking of passenger cars, provided no fee is charged, and under a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance.

8.204: To hear and to decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the City of Woodway in the enforcement of this ordinance.

8.204a. To hear or determine any matter provided to be heard or determined by the Board in this Zoning Ordinance or other City ordinance. (Amended 12-5-16)

8.205: To permit any use of public building to be erected or used by the City, County, State or Federal Government.

8.206: Any radio broadcasting and television stations.

8.207: Any installation of public utility either privately or publicly owned with height and area regulations of the P-C District to apply.

8.208: All applications for special exceptions shall be by appeal to the Board of Adjustment. Appeals to the Board of Adjustment may be submitted by: (Amended 10-28-19)

1.

A person who:

(a)

Filed the application that is the subject of the decision;

(b)

Is the owner or representative of the owner of the property that is the subject of the decision; or

(c)

Is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

2.

Any officer, department, board, or bureau of the municipality affected by the decision.

8.208a: Such appeal shall be taken not later than the 20 ^th day after the date the decision in made, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. (Amended 10-28-19)

8.209: An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

8.210: The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time, but no later than the 60th day after the date the appeal is filed. Upon the hearing, any party may appear in person or by agent or attorney. At least fifteen (15) calendar days notice of the time and place of such hearing shall be published in the official publication of the City of Woodway. In addition thereto, the Board of Adjustment shall mail notices of such hearings to the petitioner and to the owners of property living within 200 feet of any point or portion thereof, on which a variation is desired and to all other persons deemed by the Board to be affected thereby, such owners and persons shall be determined according to the current tax rolls of the City of Woodway, and substantial compliance therewith shall be deemed sufficient and provided, however, that the depositing of such written notice in the mail by the Board shall be deemed sufficient compliance with purpose of this notice. (Amended 10-28-19)

8.211: In exercising the above mentioned powers, such Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

8.212: The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in this Ordinance.

8.213: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the City of Woodway, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board.

8.214: Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.

8.215: The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

8.216: If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court within his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly, or may modify the decision brought up for review.

8.217: Costs shall not be allowed against the Board of Adjustment unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

8.218: All issues in any proceedings under this section shall have preference over all civil actions and proceedings.