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HomeMy WebLinkAbout3239ORDINANCE NO. 3239 AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Zoning Code, Title 17, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: Whereas, a revised Comprehensive Plan was adopted by the City Council on June 14, 2004; and Whereas, the City's development regulations need to be amended and updated to be consistent with the City's revised Comprehensive Plan. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance 1709, as amended, and a portion of Title 17, Zoning Code, are hereby amended to read as follows: 17.96.070 Hearing and Appeal of Conditional or Unclassified Use Permit Applications. A. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 17.96.140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit. The Planning Commission's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified Use Permit decisions issued by the Planning Commission, shall be set forth in writing and shall be accompanied by written findings and conclusions. Decisions shall be deemed effective upon adoption of the written decision, findings, and conclusions. A 14 -day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, or as soon thereafter as practicable, the Planning- Department of Community & Economic Development shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification and shall place a legal notice of decision in the local newspaper. -1- C. Appeals. 1. Any person aggrieved by the decision of the Planning Commission may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department of Community & Economic Development in writing within fourteen (14) days following the date of the decision. 3. The City Council shall conduct a closed record hearing on the appeal of the Planning Commission's decision with notice -being givcn as set forth in PAMC 17.96.140. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. D. Permits Void After One Year. All conditional or unclassified use permits shall become void one year from the date of granting such permits if use of the land or buildings or applying for necessary building permits(s) has not taken place in accordance with the provisions in granting said requests. E. Extensions of Approved Conditional Use Permits. Extensions of approved conditional use permits shall be considered in accordance with the same procedures as for the original permit application, and may be granted for a period of one to five years, provided that the following minimum criteria are met: 1. The use complies with the permit conditions. 2. There have been no significant, adverse changes in circumstances. Upon written request for an extension submitted to the Planning Department of Community & Economic Development prior to the expiration of the conditional use permit, said conditional use permit shall be automatically extended for ninety days to allow the City adequate time to review the extension request. F. Minor Amendment of Approved Conditional Use Permits. 1. Upon written request submitted to the Planning— Department of Community & Economic Development, the Planning Director of Community & Economic Development may approve a minor amendment to an approved conditional use permit if: a. The amendment does not increase the intensity of the use by more than 10% of the original approval; b. The amendment will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located; and c. The site has been posted and adjacent property owners notified fifteen (15) days prior to the decision. 2. Any applications that are not granted a minor amendment by the Planning Director of Community & Economic Development pursuant to this section must obtain an amendment through the City's normal conditional use permit procedure. Section 2. Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. -2- Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 - Effective Date. This Ordinance shall take effect five days after its publication by summary. 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, 2006. ATTEST: Becky J. L1n, Laity Cler APP)OVED AS TO F I 'i it William E. Bloor, City Attorney PUBLISHED: March 12, 2006 By Summary MAYOR G:\Legal_ Backup\ ORDINANCES& RESOLUTIONS \2006- 02.DevelopmentRegs- Chapter 17.011906.wpd March 2, 2006 Summaries of Ordinances Adopted by the Port Angeles City Council on March 7, 2006 Ordinance No. 3237 This Ordinance of the City of Port Angeles, Washington, approves the Planned Residential Development known as Peninsula Village PRD. Ordinance No. 3238 This Ordinance of the City of Port Angeles, Washington, amends a portion of Title 15, as it relates to Flood Damage Prevention, of the Port Angeles Municipal Code. Ordinance No. 3239 This Ordinance of the City of Port Angeles, Washington, amends a portion of the Zoning Code, Title 17, of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: March 12, 2006