HomeMy WebLinkAboutORD 2234 ,.��.. �` . _ �_.... .
ORIGIN�OL
������'D� ��s-
- � � , ORDINANCE I�IO. .�3� ��o a����-b
• ��� �Z 6 3S
AN ORDINANCE OF THE CITY OF RENTON, Tn�ASAING'InN, AI�'lEP;DING
G�PTIiR 7 CZONING) OF TITLE iV,(�fiD�t?C� REG'JLATIONS)OF
ORDINANCT NO. 1628 ENTITLED " CODE O� GEN�RAL ORDIPI�NCCS
OF THE CITY OF RENZON"� ESTABLISHING A �A�D 0� ADJUS'i'PREiv'i,
DEFI�irN(3 I�'S bUTIES AND POt�J�RS AP1D APPOIt1��Y�G I:5"_��.:5 TEIER�OF,
BE IT ORDAIIdED $Y THE MAYb�t AND T�.E CITY CA�rdCT�, OF �HE CIT`I OI� R�IdTOP3 AS
FOLLOWS:
SECTI013 I: There is hereby created and established a nesu Section to b� I::�e:::.�.
as Section 4-731 of Chapter 7, Title IV (Building Regulations) �f Ordinance No. 1C23,
entitled "Code of General Ordinances af the City of Renton" to read as follaws:
Section 4-73i HpARD OF ADJUSTI�IENT:(A)A Board flf Adjust�e�t is h�reby
created which Board shall consist of 7 neabers who sh�ll be appointed by ti:e A;a;�o�,
with the concurrence of the City C�uncil, and its nenbers shall serve at th� pl�^�t,=e
of the appointing authority. The Board shall elect a chair�an froc� its c�e�bership, e--=`�_?.
appoint a Secretary, and sha12 prescribe rules for the condt?c� o� its a.r�airs. "'i��
Secretary shall keep the �inutes and naintain the records of the Boa�d.
(B) All meetings of the Board of Adjust�ent and all hnarings s::all be
open to the public. Meetings shall be held at least .once a raonth a*:d at such oti�-:
tir�es as the Qa jority of the Board c�ay deter�:ine. Meetings may b� called at th� r��,��.��.�.
of any three aembers of the Board. The Board shall keep ninu�ns of its proceeding�
showing the vote of each menber upon every questifln decided by it, o: if any �enbe� :_.
absent or fails to vote, indicating such fact. The rea�on for reco�nending or d�r_;-i=�;
an e::ception as herein providecl shall also appear in the minutes. i�z� c�inutes or ti�e
Board shall be open to public examination at reasonable hours.
(C) POLJERS APID DUTIES. The Board of Adju�tr�ent six�ll h�ve �21 �I.� po�r��> �:�;i
duties prescribed by law and by the tereis of this Ordir_e�:ce whicti a*�e �ore plrticu?-;�ZJ
specified as follows:
Subsection 1: Interpretation: Upon a�peal �rom a decision v;r �:z
�a^�znistrative official af the City, to decide any ruestions in�olving tl:� interp���:^:L:c��.
of �ny provision of this Title, including deternination of the e:�act 2ocatioa or �
district boundary if there is uncertainty with respect thereto. '
Subsection 2: Variances:(A)The Board of Adjust�ae:�t sh��ll h��� �u'�'���: .�._..
a
to grantJ variance fron the provisions. of this Title cahen the conditions specified i�: '
i�ediatelysucceedin� paragraph have been found to exist provided that any variar.ce
granted shall be subject to such conditions as wi12 assure that the adjustment theret�, -
- 1 -
f'_ .-Y,• _ _ :».. ... , , '
� •
` suthorized �hall not constitute a "rant ot s ecial rivile e iitcon i fi nt wit hea I
g . � p g sse ht
,:,
limitations upon flther properta,�s: #.n the vicinity and zone it� which subject propertq
is s itua ted i • � , .- ' '
(B� Before any variarice m�y be granted, it sh8�11 be shown:
? ' • .4
a. Z'hat bec�use flf special �ircumstances applicable to subject
praperty� includirig s,}ze, shape, topag�a phy, Iocation or-
surroutttlings, the st�r�i�t application of the zoning code is
fouhd tn deprive subje�t property of r�ights and privileges
enjoyed by',other propettie_s in the vicinity and under
identical zone classi�ication;
b. That the granting of the v�i�iance will t;ot be materially
detrimental to the public wel�are or injurious to �he
propert� ox i�provements in the vicinity and zone in which
subject property is situatei�: _ �'
c. The granting 'o£ at►q t�a�iance .shall be subje�t to the approval
of the City Council and the Board of Adjustment and/o� the
City Cfluncil ct�iy p�esc�ib� �fiy ectn@itions upon the va�iance
deebed to be necessa�y and �eqtl�.red.
d. The Board shall set �orth in the findings� begore granting
anq such var�:�nce,� t�e reasor..s for the �rant thereof gnc3 that
suCh varianeg as deternined [�•�r the Board of Ad justr.ient is a
minimu�n v��i�tiee that will aceomplish said purpose.
I �ubsection 3: �onditional tise Permits. Upon proper applicatian, the Bflard
of Adjustment may grant conditional use pe�its £or such uses as �equire them nnder
th�s title. The Board of Adjustment �ay deny an application if the charaete�i�tics
of the intended use would create an incompatible or haza�`dous condition.
Subsection 4. Purpose of a conditiotial use perc►it. The purpose o�' a con-
ditionai use permit shall he:
a. To assure, by means of imposing special conditians and r�equir.e-
ments on development, th�t the compatibility of uses, a purpos�
, of this title, shall be �naintained, considering other existiag
and pofiential uses within the general area of. the proposed use.
b. The conditions inposed shall be those which will reasonably
assure that nuisance or hazard to life or property will etot
develop. The Board of Adjustment may not use a conditional
use permit to reduce the zoning requirements of the zone in
which the use is to locate. Such reduction of requirements
shall be accomplished only through the mediu� of a variance.
The Board shall have the right to limit the term and duration
of any such conditional use permit an@ may impose such cflnd itions
as are reasonably necessary and required.
Subsection 5. 1Votice and hearing on application for variance or conditional
use permit. Upon the Eiling of an application £or a variance or a conditional use
permit by a proparty owner, or by his duly authorized ag.ent, which agplication shall
set forth fully the grounds therefor� and the facts deemed to justify the'grettting o�
, such variance or cond itional use permit, the Board of Adjust�ient shall give notfce in
the followin manner io-wit: •
g � .
a. The date of public hearing bef.ore the Board of Adjustment shall be
not less than 14 days nor more than 30 days from the time of filing
of such application� or an appeal from an administrative decision.
b. Notice of the time and place of public hearing sha21 be given in at
least one publication in the City's legal newspaper, which pub2ication
shall be not less than 7 days prior to the date of said public hearing;
_2_
,. � � ' � � I
at least 10 days notice of such publ.ic hearing to consider a variance
flr condYtionaZ use germit shall be giyen in writing to a21 property .
owners o£ record caithin a radius of 300 feet of the exterior bound�aries
of subject property, and to any governmental agency .requesting such notice.
` Such notice, if mailed, shall be mailed not less than 12 calendar clays�
. priflr to the date of hearing.
� On a.ppeals frorn administrat.ive dee-rsictt►�, wri��en hotice o� the tirae and F?���-
n '�b'� "th�e publi� me�tiin� �� ia�ii�Ch. �he tnatt�r wi11 tie considet'ec� by the Board of Ad justme:�c
�'.i��.l ti� mailec� tio th� �p�ie��.�t1�i to t�ie ��ilverse, p�rties of recorc� in the case, and to
tfin of�icer who�e deci�si�Stt�i� bGiag ap�e�l�d, together with a copy af the Notice oi
` � ea l. ' ;;� .- .
� p� Su�ri hdtrc� �tia�1 $� Cn�iled no�. le'ss than 12 days prior to the date of public
h�z�x�ing� ,:- � � � ` �
. .. i .
' 4
. - If for att� re2sotl test�ii'tiony in any manner set for public hearing, or being
h���cl�; cannot be coa�+pleted ori the date set for sucti hearing, the person presiding at
su.�h public hearing a� m�etiii� riay, before adjournment or recess of such matters und�r
consideration, publicly �tiiioutt�e �He time at�d place to and at which said meetiri� iaill
b� �ontinued, and no furtiheY� riotice of any kittd shall be required. ' � •
, Aiiy notice of Hearitig pertaining to any variance or conditional use erMit
P
�:'�^i�. e�t ft��th with re�so�able certainty the description of the Qroperty under con-
siderati�t�, tihe nature o£� fhe proposed change or use, and the time and place of such
peiblic heari�lg:
�ubsection 6. Appeals from administrative decisions - Time Limit. Appeals
f�`on ad:ninastrative _decisions as hereinabove set forth may be taken to the Board o�
Adjustu�ent b�i any person aggrieved, or by any officer, departaent, board or bureau
of the city �£fected by any decision of an administtative official. Such appeal �h��:1
b� f iled in w�iting, in duplicate, with the Board of Adjustment within 20 days of the �
date of the action being appealed. Upon receiving such notice oE the appeal, th� office� I
fro� whom the appeal is being taken shall forthwith transe►it to the Board of Adjust�ent
all the records pertaining to the decision being appealed, together with sucfi addition^'
written reports as he deems pertinent.
Subsection 7. Scope of authority on appeal. The Board of Adjustment may, in
conformity with this title, reverse or affirm, wholly or in. part, or may modify_the order, ,
require�ent, decision or de�termination appealed from, and may make such order, require- I
ment, decisifln ar determination as should he made and, to that end, shall have�all the
powers of the flfficer from iahom the appeal is taken, insofar as the decision �s the
r�rtieular issua is concerned. Ia cnaking its determination the Board of Adjustment mG;�
hear any pertinent facts pertaining to the case before it. ,
Subsection 8. Board of Adjustment shall announce f indings and decisions. I',
P'ot more than 30 days after the termination of the proceedings of the public hea.ring ,
_3_ ,
i �
� on any variance or conditional use ge�nit, or not more than 30 days after terminatian �
, . , �
� of the proceedings involving an appeal frocd an admiriistrati:+ve decisioa� the Board of
A�justment shall announce its findings and decisioi�. If � �r�i���hce or conditiona3, use I
permit be granted, the �eco�d sha21 �haw sueh coctcliti�ns and 2imitatio�s ir� writit�g as
the Board o£ Adjustment cnay 3.mpase. If an administrative decision is reversed or
nodif ied� the �ecord shall show the f indings and faets upon which the Hoard made its
detarmination. •
Subsection 9. Natice of decisz.ar� c�f Board of Ad jus�ment. Follcswing the
rendering of a decision a� a variance Qr conditiona2 use germit applisatior►, a cogp o€
the written order by ttce Board of Adjustanent shaZl be rnailed to the appZicant at the 'i
address shown on the application and fa.led with. the Board of Adjustment and to the sd-
ministrative officer or department i£ it be an appeal f�om an administrative decisint�, I
and to any c�the� persoa wh4 requests a cflpy thereof.
Subsection 10.. Effective date of decision - - Time fpr appegl. The decision
of the Baard �f Adjust�ent sh�li .be £inal and canclusive unless within 10 days from
the date of such action �ttp p��.C�t• Lo,�he .proCee+�ings fiiea an appea3. in writing with
, .
the City Council setting fs�rth in detail the reasons €or the appea3 ar►d thereupon the
City Council shall fix a date far hearing which shail be not more than 30 days frt�m
its receipt o� such notice of appeal. The filing of such appeal within such time Iimit
shali stay the effective date of the order of the Soard of Adjustment unti3 such time
as the appesl sha13 have been adjudicated or withdrawn.
Subsection Il.. Plennin� Degartment sha21 correct zor►in� r�cord. I�lhenever a
variance or conditional use germit is appraved by the Board of Adjustment, the planrcing
department shall f orthwith make an appropriate record and shall infarm the administrative
department having jurisdietion csver the matter involved of t�.e adjusted status af such
property. I
Subsection 12. Before the Board of Adjusf�ent shall issue ar�y variance as I
set forth in paragraph "Subsection 2" above, a special findiag shall be made that there 'i
are special circumstaaces or conditions, fully described in such f indings, apglying to 'I
the land or building for which the varianee is sought, which circu�stanee or conditio�s i
are peculiar to such land or buildings ar►d do not apply generally to land or buildings
�
in the neighborhoad, and that seid circumstance or cond itians are such thaC the strict j
appiicatian of the provisioas of �ha soning ordinance wouid deprive the applicant of the I
reasonahle use of such land flr buildings. In addition to cansidering the character a��
use of adjoining buildings and those in �he vicinaty, the Board may, in making such
determination� also take into account the num�r of persans residing or working in such
, _�_ .
r �
.` ♦
� LLtPr � t
buiZdings ar upofi such landant}/'t�affic conditions in tt�e vicinity. '
. ;::::�
SECTIQN II: All othe� ordL�t�rlce� or part� t�f ordinarices in canflict with ttx�
I provisian of this Ordinance a�'e tie���Hy i�ep�aled.
PASSED BY THE CiT,X C4UNCZL Lhis day of ��a���" 1966. -
, . ����
_ _- -
_
. ~� ���
; Helmie Nelson, Ci�y C1erlc �
( : ; ,.. �. .: '::�;.;;; . _ `
APPRQVED BY `I`�IE MAYf}R this l.�GY day of 3�at�:�'� �.9bb: ,
�
C���.a�G�`f+C� �—' �
���
Bo ld tI. Custer, Mayflr
Approaed as to form.
_.. ............:.
� , . . ...... ..
' ,�
�erard I�. Shellan, City Attc�rney
v���-�+��,��,�'�,;,.� MAY 11 1966
f.
:�_
I
I
I