Board of Zoning Appeals

Codified Ordinances of Kent 1115.02: The Board of Zoning Appeals shall consist of five members appointed by City Council. A member serving on the Board at the time of the official adoption of this Ordinance may complete the term of their original appointment, but in the event of the death or resignation of such member, Council shall fill the vacancy for the unexpired portion of the term of that member. All appointments made subsequent to those described in subsection (a) hereof shall be for a period of three years. The members of the Board shall be residents of the City of Kent and shall serve without compensation.

The Board of Zoning Appeals hears and determines all appeals from any decision or action of the Zoning Inspector in the administration or enforcement of the Zoning Ordinance. The Board of Zoning Appeals hears and determine all appeals from the refusal of the Zoning Inspector or Planning Commission to issue zoning certificates or conditional zoning certificates. The Board may decide appeals by reversing or affirming, wholly or in part, or by modifying such decision, action or refusal.

When practical difficulties, unnecessary hardship or results inconsistent with the general purpose of the Zoning Ordinance result through the strict and literal interpretation and enforcement of the provisions thereof, the Board has the authority, subject to the provisions of this chapter, to grant upon such conditions as it may determine, such variances from the provisions of the Zoning Ordinance as may be in harmony with its general purpose and intent, so that the spirit of the Zoning Ordinance shall be observed, public safety, health and welfare secured and substantial justice done.

The Board may grant a variance as applied for or a variance constituting a modification thereof. In granting a variance, the Board may attach thereto such conditions relating to the location of the proposed structure or use, or the duration of the variance as it may deem necessary in order to further the purposes of the Zoning Ordinance. The Board may require such evidence and guarantee or bond as it may deem necessary to insure that all such conditions so attached are being and will be complied with.

When granting a variance, the Board must find that:

• The strict application of the provisions of the Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of the Zoning Code.
• There are exceptional or extraordinary circumstances or conditions applying to the property involved or the intended use or development o the property that does not apply generally to other properties or uses in the same zoning district.
• The granting of such variance will not be of substantial detriment to the public interest or to adjacent property or improvements in such district in which the variance is sought, and will not materially impair the purpose of the Zoning Ordinance.