Loading...
HomeMy WebLinkAbout1796• ORDINANCE NO. /1,74 AN ORDINANCE Creating a Board of Adjustment. The City Council of the City of Port Angeles do ordain as follows: Section 1. A Board of Adjustment is hereby established. The word "board" when used herein shall mean the Board of Adjustment. The Board shall consist of five members, all of whom shall serve without salary. The Board members shall be appointed by the Mayor with the consent of the Council and shall consist of citizens having an understanding of the benefits of zoning to the municipality. In case any vacancy shall occur in the membership of the Board for any cause, the Mayor shall fill such vacancy by making an appointment with the consent of the Council. The members of the Board may be removed by the Mayor subject to the approval of the Council, for such causes as he shall deem sufficient, which shall be set forth in a letter filed with the Council. The initial membership shall consist of one member appointed for one year, one for two years, one for three years and two for fours years; and each appointment thereafter shall be for four years. No member of the Board shall be a member of the planning commission or City Council. Section 2. Meetings of the Board, shall be held at leas once each month, and at such other times as the Chairman of the Board may determine. There shall be a fixed place of meeting and all regular board meetings shall be open to the public. The presence of three members shall be necessary to constitute a quorum. -1- Section 3. The Board may review any interpretation of the provisions of the zoning ordinance made by the Building Inspector, and any order, requirement, decision, or determination relating thereto, in the application of the specific provision of the zoning ordinance to any parcel of land and /or structure. The building inspector is hereby authorized to issue building permits for those applications which do not increase the violation of existing regulations. The Board may affirm or reverse the inter- pretation of the provisions of the zoning ordinance made by the Building Inspector, and any order, requirement, decision, or determination relating thereto; and the Board's decision shall be based upon the records and the findings in each case and to that end it shall have all of the powers of the Building Inspector. Section 4. Recognizing that there are certain uses of property that may or may not be detrimental to the public health, safety, morals, and general welfare, depending upon the facts in each particular case, a limited power to grant variances for such uses is vested, by specific mention in this ordinance, in the Board. The Board shall have and exercise original jurisdiction in receiving, granting, or variances uses as provided the power to place in such denying all applications for such for in this ordinance and shall have permits, conditions or limitations in its judgment required to secure adequate protection to the zone or locality in which_'s,uch use is to be permitted, No variance sha]1 be granted by the Board until after public hearing, as here- inafter provided, and until after the Building Inspector has found that the provisions of all other ordinances, with which compliance is required, have been fulfilled and until the Board finds; (a) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and (b) That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; and (c) That the granting of such variance shall not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. Section 5. In deciding any of the matters referred to in Sections 3 and 4 of this ordinance the Board shall issue a written report giving the reasons for its decision. Section 6. The Board shall adopt its own rules of procedure (except as hereinafter fixed as to voting) and keep a record of its proceedings, findings, and actions in each case, and the vote of each member on each question considered in the proceedings. Section 7. Any person or persons aggrieved, or any officer, official of any department or commission of the City, jointly or severally, may file a written petition with the Board for a review of the Building Inspector's interpretation of the provisions of this ordinance. Such petition shall be filed with the office of the City Clerk within ten (10) days after the petitioner shall receive either written or oral notice of the interpretation of any provision of the zoning ordinance by which petitioner shall deem himself to be aggrieved. Such petition -3- shall set forth the provision of the zoning ordinance which the Building Inspector has interpreted, the Building Inspector's interpretation thereof, the petitioner's interpretation of the same and the reasons why the petitioner believes the interpreta- tion of the Building Inspector to be incorrect. Such petition shall contain the name or names of all aggrieved parties and the names of all attorneys or agents representing such aggrieved parties together with the mailing address of such parties, their agents and attorneys. The City Clerk shall transmit said petition to the secretary of the Board prior to the next regular meeting of the Board. The secretary of the Board shall present the petition to the Board at their next regular meeting and the Board, at such meeting, shall fix a date for the hearing on said petition which date shall not be less than ten (10) days nor more than sixty (60) days from the date upon which said petition was presented to the Board. At least five (5) days prior to the date fixed for such hearing the secretary of the Board shall cause to be mailed to the petitioners or their agents or attorneys, at the respective addresses shown on the petition, a notice of the time and place of the hearing on said petition. At such hearing the petitioner may appear in person, by agent or by attorney. All city officials and other interested persons may be heard at such hearing in support of or opposition to such petition. The Board may initiate a review of the Building Inspector's interpretation of the provisions of the zoning ordinance by affirm ative vote of a majority of the entire Board. The Board may affirm or reverse the interpretation of the provisions of the zoning ordinance made by the Building Inspector, and any order, requirement decision, or determination relating thereto; and the Board's decision shall be based upon the record and the findings in each case, and to that end it shall -4- have all of the powers of the Building Inspector, Unless a majority of the entire Board vote in favor of reversing the deci- sion of the-Building Inspector such decision shall stand affirmed. The Board shall maintain in the office of the Building Inspector full and complete written records of all decisions involving the interpretation of the provisions of this ordinance, which records shall be open to public inspection during all regular business hours. Section 8. All applications for variances permitted by this ordinance shall be submitted in writing to the office of the Building Inspector. Each such application shall contain the name and mailing address of the applicant or applicants, the legal description of the property for which. the variance is re- quested, the nature of the variance requested and a concise statement as to the reasons why such property is needed for and suited to such variance. The application shall be accompanied by a plot plan, drawn to scale, showing the diminsions of any and all existing structures and all structures to be erected on the property involved and the yard areas thereof. The Board or Building Inspector may, at any time, require the applicant to furnish such additional written information as may be necessary to enable the Board to determine whether such application should or should not be granted. With each application, filed for a special property use there shall be paid by the applicant, at the time of filing the application with the office of the Building Inspector, a fee of forty. dollars ($40) to help defray the City's costs and expenses in processing such application,. including the publication and mailing of the not ices.bereinaftex required. All fees so collected by the office of the Bi4lding Inspector shall be surrendered at least once each month: to the office of the City Treasurer who shall deposit the same in the City's general fund. The written application, plot plan and any other written information requested from the applicant'by the Building Inspector shall be submitted to the Board at its next regular or special meeting. The Board at such meeting shall fix a time, date and place for public hearing on such application which date shall not be less than ten (10) days after notice given in the following manner, except that the final notice to be published in the official newspaper shall not be published more than three (3) days prior to the date of said hearing; (a) By United States mail addressed to the applicant and to the owners of all adjoining or abutting property. (Property separated from the proposed use by a street, highway or other public road or alley shall be construed to be adjoining or abutting for the purpose of giving notice; and notices addressed to the last known address of the person making the latest property tax payment shall be deemed proper notice to the owner of such property.) (b) By not less than two printed or written notices • posted in a conspicuous place at or near the location of the proposed use. (c) By publishing two notices thereof in the official newspaper of the City, such 'notices to be published at least three days apart. Such notices shall contain the name of the applicant or applicants, the legal description of the property: involved, the special property use requested, the date, time and place of the public hearing thereon .and shall specify that any person interested may appear at such public hearing and be heard either for or against such application, At such public hearing the Board shall proceed to hear all persons present who desire to be heard either for or against such application and shall render its decision upon such application at the conclusion of such hearing or as soon there- after as reasonable possible. Any building permit thereafter issued for such property shall be in accordance with and subject to all terms and conditions contained in the decision of the Board. The Board shall maintain in the office of the Building Inspector full and complete written records of all proceedings, factual findings and conclusions reached on any and all such applications. Section 9. Whenever the Board shall by its decision authorize the issurance of a permit for a variance if such building permit and /or occupancy permit is not obtained by the applicant within six (6) months from the date of the Board's decision, the Board's decision shall cease to be effective, Section 10. In addition to all other penalties pre- scribed in this ordinance whenever, in the opinion of the Building Inspector, any person granted a permit for a variance shall fail to comply with all of the terms, conditions, or limitations of such permit and of the decision of the Board authorizing the granting of such permit, he shall issue an order, in writing, requiring that all further work on the premises or use thereof be stopped until the violation has been corrected, g the y olation be not corrected or if the work on the premises or use thereof be not stopped or suspended until such violation is corrected, the Building Inspector shall give written notice to the owner or occupant of the premises deemed in violation that the Building Inspector will apply to the Board for an order revoking the permit for the variance. Such written notice shall specify the -7- • • -time, the date and place when. the Building in §peCtor'w ,ii, appear before the Board to request such revocation and shA5,1.ad0se the owner or occupant of the premises deemed to be in violation that such owner or occupant is at liberty to appear and be beard with respect to the request of the Building Inspector gor sgch. revocation. Such notice shall be mailed to the owner or occupant of the premises deemed in violation, by registered mail w ,th a return receipt requested, at least five C51 days prior to the date specified in such notice as being the date of the: hearing, At the hearing the Board shall have the power.to sustain or over7. rule the order of the Building Inspector and to .revoke the permit granted for such variance. The affirmative vote o.f.a gjority of the entire Board shall be necessary before the order of the Building Inspector shall be declared to be overruled The Board shall keep in the office of the Building Inspector full and complete written records of al], proceedings, factual findings and conclusions of the Board in all such hearings Section 11. An application to the Board for any varianc or for any review of the Building Inspector's interpretation of the provisions of the zoning ordinance or of any orders, requiren. ments, decisions or determinations relating thereto made by the Building Inspector, shall operate to stay all further proceedings by the Building Inspector unless the Building Inspector certifies to the Board and the Board finds that, by reasons of facts stated in the. certification, a stay would cause imminent peril to life or property, in which case such action shall not be stayed otherr wise than by a restraining order issued by the Superior Court of Clallam County. The findings and decisions of the Board shall be transmitted to the office of the Building Inspector, Section 12.. All decisions and orders of the Board shall be final and conclusive, unless, within ten (10) days from the -8- date of the action, the original applicant or an adverse party makes application to the Superior Court of Clallam County for a writ of certiorori, a writ of prohibition, or a writ of mandamus The application must be filed with the Clerk of the Superior Court and the office of the Building Inspector within ten (10) days from rendering of the decision or order. Such application shall set forth the name and address of the applicant, the date of the order or decision and shall set forth a correct copy of the order or decision for which a writ is sought. At the time of filing the application with the Clerk of said Superior Court, the applicant shall execute and file with him a sufficient bond in the penal sum of Two Hundred Dollars ($200.00 with at least two sureties to be approved by the Judge of the Court, or a surety company authorized to do business in the State of Washington, conditioned to prosecute the writ without delay, and if unsuccessful to pay all costs to which the City is put by reason of the action. Upon application therefor, the Court may order the applicant to execute and file such additional bonds as the necessity of the case may require. Within twenty (20) days from the filing of the appli- cation, the applicant shall file with the Clerk of the Superior Court a transcript of all of the proceedings before the board, including the order or decision for which the writ is sought, The transcript shall be prepared under the supervision of the Secretar of the Board and shall be certified by said Secretary to contain a full, true and correct copy of all matters and proceedings required to be in the transcript. The fee for preparing and certifying said transcript shall be one dollar ($1.00) for the first legal size page and fifty cents '($0.50) for each - additional legal size page, which fee shall be paid to the office of the • Building Inspector. The Secretary of the Board shall be under -9- no duty to surrender said transcript to the applicant until said fees are paid. All fees so received shall be surrendered by the office of the Building Inspector to the City Treasurer for deposit in the general fund of the City. Within five (5) days after the filing of the transcript with the Clerk of said Superior Court, the applicant shall give notice to the head of the legal department of the City and to the City Clerk that the transcript has been filed. The notice shall also state a time (not less than five (5) days from the date of service thereof) when the applicant will call up the cause for hearing. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held on the j 7,h day of ^�w Attest: "926-,9'1„,,_,/ JuLy , 1973. City Clerk Approved as to form: City Attorney -10- Mayor