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ORDINANCE NO. / g 11
AN ORDINANCE amending Ordinance No. 1796 creating
a Board of Adjustment.
WHEREAS the Building Division of the Department of Public
Works through the Building Inspector has been assigned certain
duties in relation to the operation of the Board of Adjustment
under the provisions of Ordinance No. 1796 in addition to its
duties of granting building permits and its building inspection
program and has been providing staff assistance as well as to the
Board of Adjustment; and
WHEREAS the increase of building activity in the City of
Port Angeles has been such that the Building Division does not
have sufficient manpower to handle all of these duties; and
WHEREAS the public will be better served by having the
duties of the Building Divisi:onrof the Department of Public Works
acting through the Building Inspector in relation to the Board of
Adjustment transferred to the Planning Division of the City of
Port Angeles;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DO ORDAIN AS FOLLOWS:
Section 1. Section 3 of Ordinance No. 1796 is amended to
read as follows:
Section 3. The Board may review any interpretation
of the provisions of the zoning ordinance made by the
Building Inspector in pursuance of his duties of granting
building permits and administering the building inspection
program and any order, requirement, decision, or determina-
tion relating thereto. 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 interpretation of the
provisions of the zoning ordinance made by the building
inspector, and any order, requirement, decision, or deter-
mination 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 2. Section 4 of Ordinance No. 1796 is amended by
substituting the words "Planning Division" for the words
"Building Inspector" in said section.
Section 3. Section 7 of Ordinance No. 1796 is hereby
amended to read as follows:
Section 7. Any person or persons, or any officer,
official of any department or commission of the City
aggrieved by the building inspector's interpretation of
the provisions of this ordinance as they refer to the
granting of building permits and the inspection of build-
ings or by the Planning Division's interpretation of the
provisions of this ordinance may jointly or severally file
a written petition with the Board for a review of the
building inspector's interpretation or the Planning
Division's interpretation. 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 shall set forth the provision
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or planning division
of the zoning ordinance which the building inspector/ has
or planning division's
interpreted, the building inspector''s ,interpretation
thereof, the petitioner's interpretation of the same and
the reasons why the petitioner believes the interpretation
or planning, division
of the building inspector /to be incorrect. Such petition
shall contain the name or names of all aggrieved parties an
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 or the Planning Division's
interpretation of the provisions of the zoning ordinance
by affirmative vote of a majority of the entire Board.
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The Board may affirm or reverse the interpretation
of the provisions of the zoning ordinance made by the
Building Inspector and /or the Planning Division, 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 have all of the powers of the Building Inspector or
the Planning Division. Unless a majority of the entire
Board vote in favor of reversing the decision of the
Building Inspector or Planning Division such decision shall
stand affirmed. The Board shall maintain in the office of
the Planning Division full and complete 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 4. Section 8 of Ordinance No. 1796 is hereby
amended by replacing the words "Building Inspector" wherever they
appear by the words "Planning Division."
Section 5. Section 10 of Ordinance No. 1796 is hereby
amended to substitute the words "Planning Division" for "Building
Inspector" wherever they appear.
Section 6. Section 11 of Ordinance No. 1796 is hereby
amended to read as follows:
Section 11. An application to the Board for any
variance or for any review of the Building Inspector's or
Planning Division's interpretation of the provisions of
the zoning ordinance or of any orders, requirements,
decisions or determinations relating thereto made by the
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Building Inspector or Planning Division, shall operate to
stay all further proceedings by the Building Inspector or
Planning Division unless the Building Inspector or Planning
Division 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 otherwise 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 in
relation to his interpretations and to the Planning Division
in relation to its interpretations.
Section 7. Section 12 of Ordinance No. 1796 is hereby
amended by substituting the words "Planning Division" for "Building
Inspector" wherever they appear in said section.
= Section 8. All provisions of Ordinance No. 1796 shall
remain in effect as passed excepting as amended by this Ordinance.
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 6th day of July, 1976.
ATTEST:
APPROVED AS T ORM:
PUBLISHED:
(.)
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