18.56.240 Duties and Powers

In addition to any other powers given by state law or this title, upon appeals, the board of adjustment after proper notice and public hearing shall have the following powers: A. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made in the enforcement of this title; B. To hear and decide request for special exceptions or for decisions upon other special questions upon which such board is authorized by this title to pass; C. To authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest, where, owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided, that the spirit of this title shall be preserved and substantial justice done; D. To permit the building of a dwelling upon a lot which does not have frontage on a street; E. To reduce the amount of off-street parking required, where acquisition of land for such use would cause exceptional hardship; F. Where a zone boundary line divides a lot in single ownership at the time of the passage of the ordinance codified in this title, permit the extension of a use or building situated on the portion of such lot which lies in the less restricted zone into the more restricted zone, provided, that such extension shall be subject to all regulations of the less restricted zone and shall extend not more than one hundred feet into the other portion of the lot in the more restricted zone; G. Permit for a period not to exceed one year in a residential zone a temporary building of use of a commercial or industrial nature which building or use is incidental and necessary to the construction of the residential development. H. To permit a nonconforming use to be changed to another use permitted in the same of a more restricted zone than the one in which the nonconforming use would be a permitted use; and which, in the opinion of the board of adjustment either by general rule or on decision in a specific case, will be out of harmony or incongruous with existing and prospective uses in the neighborhood to a less degree than is the nonconforming use that it replaces, with respect to noise, odor, atmospheric emission or pollutants, or physical hazard, and to no greater degree with respect to traffic related to the proposed use, or other factors having a bearing on the harmonious relation of one use to another. I. To permit the relocation on a lot of a non-conforming building or structure occupied by a nonconforming use, provided the building or structure shall comply with all the height, yard and area requirements in the zone in which it is located. J. In exercising the above-mentioned powers, such board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken; provided, that before any variance may be granted it shall be shown that: 1. The variance will not substantially affect the comprehensive plan of zoning in the city and that adherence to the strict letter of the ordinance will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan. 2. Special circumstances attached to the property covered by the application which do not generally apply to the other property in the same zone. 3. That because of the special circumstances, property covered by application is deprived of privileges possessed by other property in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone. K. The concurring vote of a majority of the five members of the board shall be necessary to reverse any order, requirement or determination of such administrative official, or to decide in favor of such applicant on any matter on which it is required to pass, or to effect any such variation or special exemption to this title. (Ord. 2007-9, 6/26/07)