24.02.060 Board of adjustment.
(1) CONDITIONAL USE PERMIT. The Board of Adjustment shall hear and decide all applications for Conditional Use Permits. The following standards, criteria, and procedures shall apply to any Conditional Use Permit authorized by this chapter:
(a) A Conditional Use Permit may only be granted for those uses specifically identified and allowed in the applicable use district, subject to the following limitations:
(i) That the conditional use and any conditions imposed by the Board of Adjustment will not adversely affect the public health, safety, and welfare;
(ii) That the proposed use, with any conditions imposed, will be in compliance with the standards set out in this chapter for the use district applicable to the proposed use;
(iii) That the Findings of Fact adopted by the Board of Adjustment to support their decision clearly indicate that the above-listed criteria have been fulfilled.
(b) The Board of Adjustment may impose any conditions or safeguards upon granting a conditional use permit which are necessary to insure conformity with the provisions of this chapter and protection of the public health, safety, and welfare. Failure to fulfill any condition imposed by the Board of Adjustment shall be a violation of this chapter, and said permit may be revoked. Conditions may include, but are not limited to the following:
(i) Specify a time limit within which action, for which the Conditional Use Permit is required, shall be begun, or completed, or both.
(ii) Require a periodic review of an issued permit to assure compliance with any imposed conditions.
(iii) Increase the required lot size and yard dimensions.
(iv) Limit the height or total lot coverage of buildings.
(v) Control the number and location of vehicular access points to the property.
(vi) Control the number of off-street parking or loading spaces.
(vii) Require suitable landscaping or drainage control.
(viii) Control signing.
(ix) Control hours of operation.
(x) Control nuisance generating features in matters of noise, colors, air pollution, wastes, vibration, traffic, physical hazards, and glare. Subject features must be measurable by standard methods. Conditions must be measured in scientific terms and the continuance of the use permit is to depend on compliance. Measurement is to be at applicant’s expense if proven in violation. (Ord. 430-N, §2, 2013; Ord. 198-N, §2, 1992)
(2) VARIANCES. The Board of Adjustment shall hear and decide all applications for variances from the requirements of this chapter, PROVIDED that any variance granted shall be subject to such conditions as will insure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the standards and limitations applied to other properties in the use district in which the subject property is situated, and that the Findings of Fact adopted by the Board of Adjustment to support their decision indicates that the following circumstances apply:
(a) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict interpretation of the zoning standards is found to deprive the subject property of rights and privileges enjoyed by other properties under identical zone classifications.
(b) That the granting of the variance will not be detrimental to the public health, safety, and welfare or be injurious or adversely effect other properties and improvements in the vicinity of the subject property;
(c) That the variance is not required solely due to actions by the applicant which prevent direct compliance with use standards applicable to the subject property;
(d) That the variance is not required simply for economic benefit constituting a grant of special privilege to the subject property. However, if the finding of fact indicates the variance would normally be justified, it may be granted.
No variance shall be granted permitting a use, but shall be limited to those standards and requirements imposed on uses otherwise permitted by this chapter.
(3) HEARING NOTICE PROCEDURE. Applications to the Board of Adjustment shall be filed with the Administrative Official on approved forms. Upon receipt of application for a conditional use or variance, the Administrative Official shall set the time and place for a public hearing, and written notice thereof shall be addressed through the United States Mail to all property owners of record within a radius of three hundred feet (300') of the exterior boundaries of the subject property. The written notice shall be postmarked not less than twelve (12) days prior to the hearing.
(4) EFFECT:
The action by the Board of Adjustment on an application for a Conditional Use Permit or a variance shall be final and conclusive unless within ten (10) days from the date of said action the original applicant or an adverse party make application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, or a writ of mandamus. (Ord. 430-N, §2, 2013)