Chapter 17.78
BOARD OF ADJUSTMENT1
Sections:
17.78.010 Purpose.
17.78.020 Establishment – Membership.
17.78.030 Organization.
17.78.040 Terms of office.
17.78.050 Removal.
17.78.060 Vacancy filling.
17.78.070 Meetings.
17.78.080 Rules and records.
17.78.090 Powers and duties.
17.78.100 Appeals from board of adjustment.
17.78.010 Purpose.
The purpose of this chapter is to establish a board of adjustment for the city, to provide for their powers and duties, and to set forth their procedures. (Ord. 1221 § 12, 1992).
17.78.020 Establishment – Membership.
Pursuant to RCW 35.63.080, a board of adjustment is established, which shall consist of no less than three and a maximum of five members who are residents of the city, to be appointed by the mayor and approved by the city council. A quorum of this committee shall be three members. The board of adjustment shall also act as the board of appeals of the city building codes as stated in BMC 2.34.070. (Ord. 1470 § 1, 2001; Ord. 1221 § 12, 1992).
17.78.030 Organization.
The board of adjustment shall elect a chairman and vice chairman from among its members and shall provide a secretary who need not be a member of the board. The planning and/or building department shall provide assistance necessary to carry out the functions of the board of adjustment. (Ord. 1470 § 1, 2001; Ord. 1221 § 12, 1992).
17.78.040 Terms of office.
The initial appointments to the board of adjustment shall be staggered. One member shall be appointed for one year, two members shall be appointed for two years, and two members shall be appointed for three-year terms. Thereafter, the terms shall be for three years. (Ord. 1470 § 1, 2001; Ord. 1221 § 12, 1992).
17.78.050 Removal.
Any member of the board of adjustment may be removed by the mayor for neglect of duty or malfeasance in office. Neglect of duty shall include, but not be limited to, three consecutive unexcused absences for regular meetings, or a recurring pattern of unexcused absences, not necessarily consecutive. (Ord. 1221 § 12, 1992).
17.78.060 Vacancy filling.
Vacancies on the board of adjustment shall be filled by appointment of the mayor and approved by the city council. Appointment shall be for the unexpired portion of the term. (Ord. 1221 § 12, 1992).
17.78.070 Meetings.
The board of adjustment shall meet on the third Wednesday of each month at 6:00 p.m., at City Hall, 833 South Spruce Street, Burlington, and all such meetings shall be open to the public in accordance with the provisions of the Open Public Meetings Act. (Ord. 1737 § 11, 2011; Ord. 1221 § 12, 1992).
17.78.080 Rules and records.
The board of adjustment shall adopt rules for the transaction of its business and shall keep official minutes of its proceedings and shall keep a public record of its transactions, findings and determinations. (Ord. 1221 § 12, 1992).
17.78.090 Powers and duties.
The board of adjustment shall hear and decide the following:
A. Zoning Ordinance. To hear and decide appeals or orders, decisions or determinations made by the director regarding the application and interpretation of this title.
B. Variances. To hear, make decisions, and grant variances in accordance with chapter 17.68 BMC.
C. Uniform Codes, chapter 15.04 BMC. To hear and decide appeals of orders, decisions or determinations made by the building official regarding the application and interpretation of the Uniform Codes.
D. Majority Vote Required. The concurring vote of two members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of applicant on any matter upon which it is required to pass under this chapter. (Ord. 1221 § 12, 1992).
17.78.100 Appeals from board of adjustment.
A. Action Final. The action by the board of adjustment shall be final and conclusive unless within 10 days from the date of said action the original applicant or an adverse party makes application to a writ of prohibition or a writ of mandamus.
B. Inclusion of Findings of Fact. The board of adjustment shall, in making an order, requirement, decision or determination, include in a brief, nonverbatim written record of the case the findings of fact upon which the action is based. (Ord. 1221 § 12, 1992).
Prior legislation: Ord. 891.