HomeMy WebLinkAboutOrd 0871 - Powers and Duties of Board of Adjustment
1593 §1(A)
1738 §1(A) 1770 §2
1770 §1
ORDINANCE NO. 871
AN ORDINANCE SETTING FORTH THE POWERS AND
DUTIES OF THE BOARD OF ADJUSTMENT
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. POWERS AND DUTIES OF THE BOARD OF
ADJUSTMENT:
The Board of Adjustment shall have the following powers
and duties:
A. To hear and decide appeals from orders, recom-
mendations, permits, decisions or determinations
made by a City official in the administration or
enforcement of the provisions of the zoning ord-
inance (Chapter 18 of the Tukwila Municipal Code)
or other land -use regulatory ordinances as the
City may adopt.
B. VARIANCES: To authorize upon appeal in specific
cases such variances from the provisions of the
zoning ordinance (Chapter 18 of the Tukwila
Municipal Code), or other land -use regulatory
ordinances as the City may adopt, which will not
be contrary to the public interest; but only
where, owing to special conditions, a literal
enforcement of the provisions of such ordinance(s)
would result in unnecessary hardship. A variance
from the provisions of such ordinance(s) shall
not be granted by the Board of Adjustment unless
the Board of Adjustment finds that all of the
following facts and conditions exist:
(1) The variance shall not constitute a grant of
special privilege inconsistent with the
limitation upon uses of other properties in
the vicinity and in the zone in which the
property on behalf of which the application
was filed is located; and
(2) 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
(3) That the special conditions and circumstances
do not result from the actions of the applicant;
and
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(4) 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 in the zone
in which the subject property is situated; and
(5) The authorization of such variance will not
adversely affect the implementation of the
comprehensive land use plan;
(6) That the granting of such a variance is
necessary for the preservation and enjoyment
of a substantial property right of the appli-
cant possessed by the owners of other proper-
ties in the same zone or vicinity.
WO Novconbrming use of neighboring lands, structures, or
buildings in the same district, and no permitted use of
lands, structures, or buildings in other districts shall
be considered grounds for issuance of a variance.
In granting any variance, the Board of Adjustment may
prescribe appropriate conditions and safeguards in
conformity with the provisions of the zoning ordinance
(Chapter 18 of the Tukwila Municipal Code) or other
land -use regulatory ordinances as the City may adopt.
Violation of such conditions and safeguards, when made,
part of the terms under which the variance is granted,
shall be deemed a violation of this ordinance.
WITH RESPECT TO USES OF LAND, BUILDINGS, AND OTHER
STRUCTURES, This ordinance is declared to be a
definition of the public interest by the City Council,
and the spirit of this ordinance will not be observed
by any variance which permits a use not generally or
by special exception permitted in the zoning district
involved, or any use expressly or by implication pro-
hibited, by the terms of this ordinance in said
zoning district. Therefore, under no circumstances
shall the Board of Adjustment grant a variance to
permit a use not generally or by special exception
permitted in the zoning district involved, or any
use expressly or by implication prohibited, by the
terms of the zoning ordinance in said district.
C. Such other quasi judicial and administrative determina-
tions as may be delegated by ordinance. In deciding
any of the matters referred to above, the Board of
Adjustment• shall issue a written report giving the
reasons for its decision.
Section 2. The action of the Board of Adjustment shall
be final and conclusive, unless within ten days from the date of
action, the original applicant or an adverse party makes applica-
tion to the superior court for a writ of certiorari, a writ of
prohibition, or a writ of mandamus.
Section 3. No member of the Board of Adjustment shall
be a member of the Planning Commission or of the City Council.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, And approved by the Mayor at a regular meeting thereof
this /4e day of July, 1974.
Mayor
Attest:
/Ij 0, i V2? Z/
ity C1 k
Approved as to Form:
City Attorney
Published: MO erne, /rrne5 7�a
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