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HomeMy WebLinkAbout1887• 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 • • 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. -3- d • • 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 -4- • • 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: (.) -5-