Loading...
HomeMy WebLinkAbout1953-B-1448 468 ORDINANCE NO. B -1448 AN ORDINANCE amending Section 22: of Ordinance No. B -293, entitled: "AN ORDINANCE regu- lating and restricting the loc of trades and industries; regulating and limiting the use of buildings and premises;. and the height and size of buildings; providing for yards, courts and other open spaces; establishing districts for said purposes, and providing far a board of adjustment aid repealing Ordinances Nos. B -22, B -35, B -43, B -51, B -71, B -126, B -147 and B- 172." BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. That Section 22 of Ordinance No. B -293, .passed and approved by the City Commission, on the 28th day of March, 1938, entitled asset t forth in the caption hereof, be and the same is hereby amended to read as follows: Section 22. Enforcement (a) It shall be the duty of the Building Inspector, subject to the right of appeal as herein set forth, to enforce this ordinance. (b)_ A Board of Adjustment is hereby established. The word "Board" when used in this section shall be construed to mean the Board of Adjustment. The Board shall consist of five members who shall be freeholders appointed by the Commissioner of Public Works and approved and confirmed by the City Commission. The term of office of the members of the Board shall be six years. Vacancies shall be filled for the un- expired term only. Members shall be removed for cause by the City Commission upon written charges and after public hearing. Procedure. The Board shall elect its own chairman and vice - chairman, each for a term of one year. In the absence of the chairman, the vice- chairman shall have all the powers of the chairman. The Board shall adopt such rules as it deems necessary to carry out the provisions of this ordinance. The meetings of the Board shall b e held at the call of the chairman and at such other times as the Board may d etermine. Such chairman, or in his absence the :acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall b e open to the public. The Board 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 be immediately filed in the office of the Board and shall be a public record. Appeal. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Yakima affected by any decision or ruling of the Building Inspector made under this ordinance. Such appeal shall be taken within fifteen days after the decision or ruling of the Building Inspector by filing a notice of appeal in the office of the Building Inspector and in the office of the Board. Such notice shall specify the grounds upon which the Tpeal is based. The Building Inspector shall forthwith transmit to the Board all papers, entries, maps, plans and other documents, if any, constituting the record upon which the action appealed from is taken. The Board shall consider the appeal upon the record so transmitted, supple- mented by any additional competent evidence which either party may desire to submit, either wr itten or oral. An appeal shall stay all preceedings in furtherance of the action appealed from, unless the Building Inspector shall certify to the Board after the notice of appeal shall have been filed with him that by reason of facts stated in his certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, pro- ceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court ,of record, on application and notice to the Building Inspector for causes deemed by the Board or Court sufficient. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal and shall give notice thereof by serving a copy of such notice upon the appellant personally or by registered mail, and by puclishing a copy of same in a newspaper of general circulation in the City of Yakima for one week,being one publication. Such service and publication shall be made not less than fourteen days prior to the date fixed for the hearing of such appeal. A copy of such notice shall be served upon the Building Inspector, the office of the City commission, and either the Planning Consult- ant or the Secretary of the Yakima City Planning Commission and all other parties in interest and upon any partieshaving requested such notice, within the time hereinabove designated.. Upon the hearing, any party may appear in person or by agent or attorney, and the Planning Consultant and any member of the Yakima City Planning Commission shall have the right to be present at the hearing and to be heard by the Board upon the matter' befa° e it. A. fee of ten dollars ($10.00) shall be paid to the Building Inspector at the time the notice of appeal is filed, to apply upon the costs of notices and investigat ion. POWERS OF THE BOARD OF ADJUSTMENT The Board shall have power to hear and decide appeals from any decision or ruling of the Building Inspector made -under this ordinance and in so doing: 1. May correct any error in any order, requirement, decision or determin- ation made by the Building Inspector in the enforcement of this ordinance. 2. May permit the extension, not to exceed a distance of twenty feet, of a district where the boundary line of the district divides a lot held in single ownership at the time of the passage of this ordinance. (Continued on page 469) 469 ORDINANCE NO. B -1448 (Continued from page 468) 3. May interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan as shown upon the map fixing the several districts accompanying and made a pert of this ordinance where the street layout actually on the ground varies from the street layout as shown on the map aforesaid. . 4. May grant a variation in the regulation of this ordinance when a property owner can show that his property was acquired in good faith and where by reason of the irregular shape of a lot of record ' at the time of the passage of this ordinance or by reason of existing topographic conditions, or other peculiar and exceptional conditions, the strict application of such regulations would 'result in real and unnecessary hardship, and the Board, through investigation and from the evidence before it, is satisfi- ed that the granting of the variance will alleviate a hardship that approaces confiscation of the property and will not be detrimental to adjacent property; provided, that in granting a variance he spirit and purpose of this ordinance will be observed and substantially justice done. 5. May grant avariation changing an existing residence in a Residence District AY to not to exceed a three - family dwelling, if the Board shall be satisfied by adequate architectural plans and drawings and other sufficient and convincing proof that such building as changed will be in harmony with the appearance and character of the district and will not in any manner lower the value or affect the enjoyment of other residential property in such district. In exercising the above mentioned powers the Board may, in conformity with the provisions of the law, reverse or affirm, viaolly or partly, or may modify the order, requirement, decision or d etermination appealed from and make such order, requirement, decision or determination as ought to b e made and to that end shall have all the powers, of the office from mh om the appeal is taken; but any variation granted shall be in harmony with the spirit of the zoning provision and the quality and . pattern of the district involved. The Board members, both individually and as a body, shall have the right to investigate the facts and inspect the premises involved in any appeal and make such suggestions as they may deem appropriate to the appealing party and the building inspector tending to b ring about an adjustment of the disputed issue not in violation of any ordinance of the City of Yakima; and participation in such investigation or in- spection, or the making of such suggestions, shall not disqualify any board member from participating as a board member at the hearing on such appeal. The concurring vote of three members of the Board of Adjustment shall be neceszary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant on any matter which may effect any variation under the regulations of this ordinance.' In the event that the Board shall make any such reversal or grant any such variation, it shall make in writing and file in its records and serve upon the Building Inspector full findings as to all facts upon which such action of the Board shall be based. The decision of the Board of Adjustment upon all matters submitted to it shall be final and conclusive excecept for abuse of discretion, arbitrary action, fraud, or illegality; provided that any person aggrieved by any decision of the Board or any tax- payer or officer, department, board or bureau of the municipality may, within twenty days after the filing of the Board's decision in the office of the Building Inspector, make application to the Superior Court of the State of Washington for Yakima County for a review of such decision. The procedure upon such gplication shall be that established and prescribed by the laws of the State of Washington in respect to writs of certiorari. Section 2.. This ordinance shall be effective thirty days after its passage, approval and publication as required by law and the City Charter. PASSED BY THE CITY COMMISSION, signed and qcproved this 20th day of April, 1953`. ATTEST: PEARL BENJAMIN ( SEA L) G. W. BURNS City Clerk Mayor I hereby certify that the foregoing is full, true and correct copy of Ordinance No. B - 1448 entitled "AN ORDINANCE amending Section 22 of Ordinance No. B -293, entitled: "AN ORDINANCE regulating and restricting the location of trades and industries; regulat- ing and limiting the use of buildings and premises; and the height and size of buildings; providing for yards, courts and other open spaces; establishing districts for said purposes, and providing for aboard of adjustment, and repealing Ordinances Nos. B -22, B - 35, B - 43, B - 51, B -71, B -126, B -147 and B- 172.. "', as passed this 20th day of April, 1953, and that same has been published as required by law. C I T Y CLERK