Chapter 17.60
VARIANCES
Sections:
17.60.040 Conditions of approval.
17.60.050 Review and appeal of decisions.
17.60.060 Appeal from decision--Time limits.
17.60.010 Authority.
A variance may be granted by the board of adjustment after a public hearing and review by the board of adjustment. (Ord. 1438 §2(part), 2014)
17.60.020 Application.
A written application for a variance from zoning ordinances and other land use ordinances or plans shall be submitted to the board of adjustment on forms prescribed by the board of adjustment and shall include such information as requested thereon. No application shall be accepted unless it complies with such requirements. Public hearing requirements shall be processed in accordance with the terms of Section 16.08.250. (Ord. 1438 §2(part), 2014)
17.60.030 Approval or denial.
Subject to conditions and procedures provided by ordinance, the board of adjustment shall be empowered to hear and decide:
A. Applications for variances from the terms of the zoning ordinances, from the official zoning map, and from other land use ordinances prescribed by city ordinance, and no application for a variance shall be granted unless the board of adjustment finds:
1. That the variance shall not constitute a granting of special privilege inconsistent with limitations upon uses of other properties in the vicinity and zone in which the subject property is located; and
2. That such variance is necessary, because of special circumstances relating to 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
3. That the granting of such variance will not be detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is situated.
B. In deciding any of the matters referred to it, the board of adjustment shall issue a written report giving the reasons for its decision. The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. (Ord. 1438 §2(part), 2014)
17.60.040 Conditions of approval.
In approving any variance, the board may impose reasonable conditions to ensure that the variance shall not be detrimental to the public welfare or injurious to property or improvements in the area. (Ord. 1438 §2(part), 2014)
17.60.050 Review and appeal of decisions.
The board may review any interpretation of the zoning ordinance made by the building official and any decision or determination relating thereto, in applying specific provisions of the zoning ordinance to any parcel of land and/or structure. The board may after public hearing confirm or reverse the interpretation made by the building official and any decision or determination relating thereto; and the board’s decision shall be based upon the record and the findings in each case, and to that end it shall have all of the powers of the building official. (Ord. 1438 §2(part), 2014)
17.60.060 Appeal from decision--Time limits.
Action by the board of adjustment on an application for a variance or an appeal from the decision of the building official shall be final.
Any board decision shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the Klickitat County superior court; provided, that the application for writ of review shall be made to the court within ten days from any decision reviewed. The costs of transcription of all records ordered certified by the court for such review shall be borne by the appellant at the rate prescribed by the administrator of this title. Such costs shall not exceed the amount necessary to reimburse the city for its expenses actually incurred. (Ord. 1438 §2(part), 2014)
17.60.070 Findings of fact.
In issuing an order, requirement, decision or determination, the board of adjustment shall make written findings of fact stating reasons upon which the action is based. (Ord. 1438 §2(part), 2014)