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CITY OF PORT ANGELES
,j •U 321 EAST FIFTH ST., P.O. BOX 1150 PORT ANGELES, WASHINGTON 98362
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Summary of Ordinance adopted by
the Port Angeles City Council
on March 7, 1989
Ordinance # 2525
AN ORDINANCE of the City of Port Angeles amending certain provisions
regarding the Board of Adjustment. Ordinance 2525 changes reference
in the City's Board of Adjustment ordinance from "Planning Division"
to "Planning Department" and changes the fee for Variance applications
from $40.00 to an amount to be set by City Council resolution. Ordinance
2525 also, gives the Planning Department more flexibility in scheduling
public hearings on Variance applications.
This ordinance shall take effect 5 days after publication.
Full text of said ordinance shall be mailed upon request.
Michelle M. Maike
City Clerk
Publish: March 10, 1989
ORDINANCE NO. 2525
AN ORDINANCE of the City of Port Angeles
amending certain provisions regarding
the Board of Adjustment and amending
Sections 4, 7, 8, 10, 11 and 12 of
Ordinance No. 1796, Section 3 of
Ordinance No. 1802, Sections 2, 3, 4,
5, 6 and 7 of Ordinance No. 1887,
and Chapter 2.52 of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. Sections 4, 7, 8, 10, 11 and 12 of Ordi-
nance No. 1796, Section 3 of Ordinance No. 1802, and Sections 2,
3, 4, 5, 6 and 7 of Ordinance No. 1887, and Chapter 2.52 of the
Port Angeles Municipal Code are each amended to read as follows:
2.52.040 Variance - Grounds. Recognizing that there
are certain uses of property that may or may not be detrimental
to the public health, safety, morals and general welfare, depend-
ing upon the facts in each particular case, a limited power to
grant variances for such uses is vested, by specific mention in
this Chapter, in the Board. The Board shall have and exercise
original jurisdiction in receiving, granting or denying all
applications for such variance uses as provided for in this
Chapter and shall have the power to place in such permits
conditions or limitations in its judgment required to secure
adequate protection to the zone or locality in which such use is
to be permitted. No variance shall be granted by the Board until
after public hearing, as hereinafter provided, and until after
the Planning B +virei-an Department 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
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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 it 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.
2.52.070 Petition to Review Building Inspector's
Interpretations.
A. 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 Chapter as
they refer to the granting of building permits and the inspec-
tion of buildings or by the Planning Bkv.irsken's Department's
interpretation of the provisions of this Chapter may jointly or
severally file a written petition with the Board for a review of
the Building Inspector's interpretation or the Planning
Btii4stenLs Department's interpretation. Such petition shall be
filed with the office of the City Clerk within ten days after the
petitioner receives either written or oral notice of the inter-
pretation of any provision of the Zoning Ordinance by which the
petitioner deems himself to be aggrieved. Such petition shall
set forth the provision of the Zoning Ordinance which the Build-
ing Inspector or Planning Bkv s }an Department has interpreted,
the Building Inspector's or Planning 94vis4-en-Ls Department's
interpretation thereof, the petitioner's interpretation of the
same and the reasons the petitioner believes the interpretation
of the Building Inspector or Planning HivSsian Department to be
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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 days nor more than sixty days from the date upon which
said petition was presented to the Board. At least five 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.
B. The Board may initiate a review of the Building Inspec-
tor's interpretation or the Planning Brvk &kenLs Department's
interpretation of the provisions of the Zoning Ordinance by
affirmative vote of a majority of the entire Board.
C. The Board may affirm or reverse the interpretation of
the provisions of the Zoning Ordinance made by the Building
Inspector and /or the Planning Brvsren Department, 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 Brvisien
Department. Unless a majority of the entire Board vote in favor
of reversing the decision of the Building Inspector or Planning
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Bilf4s en Department, such decision shall stand affirmed. The
Board shall maintain in the office of the Planning Bkvfrslen
Department full and complete records of all decisions involving
the interpretation of the provisions of this Chapter, which
records shall be open to public inspection during all regular
business hours.
2.52.080 Variance - Application.
A. All application for variances permitted by this Chapter
shall be submitted in writing to the office of the Planning
Biv.isren Department. 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
requested, 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 dimensions of any and
all existing structures and all structures to be erected on the
property involved and the yard areas thereof. The Board or
Planning HP,8.4en Department 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
applicant should or should not be granted. With each applica-
tion, 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 Planning Bkvksitn Department, a fee a €- ferty
&e } ±ars in an amount to be set by the City Council by Resolution
from time to time, to defray the City's costs and expenses in
processing such application, including the publication and
mailing of the notices hereinafter required. All fees so
collected by the office of the Planning B4vk&een Department
shall be surrendered at least once each month to the office of
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the City Treasurer who shall deposit the same in the City's
General Fund.
B. The written - -app� eatien,r-- p3et-- p }an -- and- -arry- -other
written- in €ermat4en- requested- 4-reDmr44 lie -errt he- Pl.anni-ng
Hi 1, i-si en- shaii- te--su rt- ed- -te-- the - Beard- et-its-- meter~- regtSr-er
speei -a3-- meeting7-- -the -- Beard -at- r- raeet-i-ng Planning Department
shall fix a time, date and place for public hearing on such
application, which date shall not be less than ten 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 days prior to the date of said hearing:
1. 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 prop-
erty tax payment shall be deemed proper notice to the owner of
such property.);
2. By not less than two printed or written notices
posted in a conspicuous place at or near the location of the
proposed use;
3. 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.
C. At such public hearing, the Board shall proceed to hear
all persons present who desire to be heard either for or against
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such application and shall render its decision upon such appli-
cation at the conclusion of such hearing or as soon thereafter as
reasonably 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.
D. The Board shall maintain in the office of the Planning
Bivi&ien Department full and complete written records of all
proceedings, factual findings and conclusions reached on any and
all such applications.
2.52.100 Variance - Permit Revocation. In addition
to all other penalties prescribed in this Chapter whenever, in
the opinion of the Planning Bkvisien Department, any person
granted a permit for a variance fails 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. If the violation be not corrected or if the work
on the premises or use thereof be not stopped or suspended until
such violation is corrected, the Planning &kvk&ken Department
shall give written notice to the owner or occupant of the
premises deemed in violation that the Planning Bivieien
Department will apply to the Board for an order revoking the
permit for the variance. Such written notice shall specify the
time, the date and place when the Planning &kviaien Department
will appear before the Board to request such revocation and shall
advise the owner or occupant of the premises deemed to be in
violation that such owner or occupant is at liberty to appear and
be heard with respect to the request of the Planning Bivigien
Department for such revocation. Such notice shall be mailed to
the owner or occupant of the premises deemed in violation, by
registered certified mail with a return receipt requested, at
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least five 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 overrule the order of the Planning
Biv4sien Department and to revoke the permit granted for such
variance. The affirmative vote of a majority of the entire Board
shall be necessary before the order of the Planning Bi-v4s #en
Department is declared to be overruled. The Board shall keep in
the office of the Planning Bkvis }en Department full and complete
written records of all proceedings, factual findings and conclu-
sion of the Board in all such hearings.
2.52.110 Stay of Proceedings. An application to the
Board for any variance or for any review of the Building
Inspector's or Planning BrvrsrenLs Department's interpretation
of the provisions of the Zoning Ordinance or of any orders,
requirements, decisions or determinations related thereto made by
the Building Inspector or Planning B4tksken Department shall
operate to stay all further proceedings by the Building Inspector
or Planning Bivksen Department, unless the Building Inspector
or Planning Birvi,sien Department certifies to the Board and the
Board finds that, by reasons of facts stated in the certifica-
tion, 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 the County.
The findings and decisions of the Board shall be transmitted to
the office of the Building Inspector in relation to his inter-
pretations and to the Planning Bkvisken Department in relation
to its interpretations.
2.52.120 Appeals from Decisions, Orders.
A. All decisions and orders of the Board shall be final
and conclusive, unless, within ten days from the date of the
action, the original applicant or an adverse party makes
application to the Superior Court of the County for a writ of
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certiorari, 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 Planning H494.54-an Department within ten
days from the rendering of the decision or order. Such applica-
tion 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.
B. 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
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, 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.
C. Within twenty days from the filing of the application,
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 trans-
cript shall be prepared under the supervision of the Secretary of
the Board and shall be certified by the Secretary to contain a
full, true, and correct copy of all matters and proceedings
required to be in the transcript. The fee for preparing the
certifying said transcript shall be one dollar for the first
legal -size page and fifty cents for each additional legal -size
page, which fee shall be paid to the office of the Planning
bivi -a en Department. The Secretary of the Board shall be under
no duty to surrender the transcript to the applicant until said
fees are paid. All fees so received shall be surrendered by the
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office of the Planning Hivisian Department to the City Treasurer
for deposit in the General Fund of the City.
D. Within five days after the filing of the transcript
with the Clerk of the 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 days from the date of
service thereof, when the applicant will call up the cause for
hearing.
Section 2. This Ordinance shall take effect five (5)
days after date of publication.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 7th day of
March , 1989.
TTEST:
6/
Michelle M. Maike, City Clerk
APPROV D AS TO FORM:
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tie
Craig D.,Knutson, City Attorney
PUBLISHED:
March 10, 1989 (as summary)
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M A Y O R