Chapter 2.26
BOARD OF ADJUSTMENT

Sections:

2.26.010    Established – Composition.

2.26.020    Terms.

2.26.030    Vacancies.

2.26.040    Powers and duties.

2.26.050    Quorum.

2.26.060    Rules of procedure – Records and reports.

2.26.010 Established – Composition.

Pursuant to the authority conferred upon the city by RCW 35.63.080, there is created a board of adjustment, consisting of five members who shall be appointed by the mayor, with the approval of the city council. No member of the board of adjustment shall be a member of the planning commission, the city council, or on the staff of the city. (Ord. 766 § 1, 1993)

2.26.020 Terms.

The term of office of the five members appointed by the mayor shall be three years, but of the first five appointed, the term of one shall end on the second day of January, 1994, and the terms of two others shall expire on the second day of January, 1995, and the remaining two on January 2, 1996. The terms of the first five members appointed shall be fixed and designated by the mayor at the time of such appointment. (Ord. 766 § 1, 1993)

2.26.030 Vacancies.

Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms. Members may be removed, after public hearing, by the mayor, with the approval of the city council, for inefficiency, neglect of duty, or malfeasance in office. The members shall be selected without respect to political affiliation and they shall serve without compensation. (Ord. 766 § 1, 1993)

2.26.040 Powers and duties.

The board of adjustment shall have all the powers and perform each and all of the duties authorized by RCW 35.63.080 and such other duties as may be authorized by the city council by ordinance not inconsistent with the provisions of state law. The powers and duties of the board of adjustment shall include, but not be limited to, consideration of applications or petitions for conditional use permits and variances. Further, the board of adjustment may hear appeals from decisions of the city permit administrator and interpretations of the ordinances of the city by said permit administrator and/or other city officials regarding uses of land within the city. (Ord. 885 § 4, 1999; Ord. 766 § 1, 1993)

2.26.050 Quorum.

The presence of three members of the board of adjustment shall consistent a quorum for the transaction of business. Any action taken by a majority of those present when those present constitute a quorum, at any regular or special meeting of the board of adjustment shall be deemed and taken as the action of the board of adjustment. (Ord. 766 § 1, 1993)

2.26.060 Rules of procedure – Records and reports.

The board of adjustment shall adopt its own rules of procedure, not inconsistent with other provisions of the city code, and keep records of its proceedings, findings, actions and the vote of each member. The board shall record all findings of fact, conditions, and final decisions for each application upon the completion of procedures as prescribed by Chapter 18.100 OMC and such other procedures as the board of adjustment may develop not inconsistent therewith. (Ord. 766 § 1, 1993)