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HomeMy WebLinkAbout2525PORT gNc C.) CITY OF PORT ANGELES ,j •U 321 EAST FIFTH ST., P.O. BOX 1150 PORT ANGELES, WASHINGTON 98362 t PHONE (206) 457 -0411 Sr RAM g0 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 -1- 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 -2- 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 -3- 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 -4- 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 -5- 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 -6- 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 -7- 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 -8- 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: /(-1*E tie Craig D.,Knutson, City Attorney PUBLISHED: March 10, 1989 (as summary) -9- M A Y O R