§ 17.44.090. Board of adjustment.

A.

There is created a board of adjustment to have and exercise the following powers:

1.

To hear and decide appeals from any order, requirement, decision, or determination made by the city manager of the city, in the enforcement of this chapter;

2.

To hear and decide special exceptions to the terms of this chapter upon which such board of adjustment under such regulations may be required to pass;

3.

To hear and decide specific variances.

B.

The board of adjustment shall consist of five members appointed by the city council and each shall serve for a term of two years and be removable for cause by the appointment authority upon written charges, after a public hearing.

C.

The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this chapter. Meetings of the board of adjustment shall be held at the call of the chairperson and at such times as the board of adjustment may determine. The chairperson, or in his or her absence the acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the city manager and shall be a public record.

D.

The board of adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this chapter.

E.

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the city manager or to decide in favor-of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

(Prior code § 3-59)