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HomeMy WebLinkAbout2935ORDINANCE NO. 2 9 3 5 AN ORDINANCE of the City of Port Angeles, Washington, clarifying the types of development applications to which the consolidated development permit process applies and amending Ordinance No. 2911 and Chapter 18.02 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance No. 2911 and Chapter 17.96 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.96.070 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 the Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in §17.96.140, of the intention to consider at a public hearing the granting of the Conditional or Unclassified Use Permit; provided, however, that Conditional Use Permits for bed and breakfasts, home occupations, and retail stands shall be considered by the Planning Director in accordance with Chapters 17.18, 17.17, and 17.26. The Planning Commission's or Planning Director's decision shall be final unless appealed to the City Council. B. Decisions. Conditional or Unclassified Use Permit decisions by the Planning Commission, Planning Director, and City Council 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. The 1314 - day appeal period shall commence upon such adoption. On the next business day following the effective date of the decision, the Planning Department shall mail copies of the decision, findings and conclusions to the applicant and anyone else who has in writing requested such notification. C. Appeals. 1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department 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 and an open record public hearing on the appeal of the Planning Director's decision with notice being given as set forth in §17.96.140. The Council's decision shall be fmal unless appealed to Clallam County Superior Court in accordance with §17.96.150. D. Requests for Exceptions. All applications for exceptions from these Zoning Regulations shall contain all basic information, along with other pertinent facts, maps, and data required by the Planning Commission. 1 E. 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. F. Extensions of Approved Conditional Use Permits. Extensions of those previously approved Conditional Use Permits that have specified time periods of authorization shall be considered in accordance with the same procedures and by the same entity 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 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. Section 2. Ordinance No. 2911 and Chapter 18.02 of the Port Angeles Municipal Code are hereby amended by amending PAMC 18.02.020 to read as follows: 18.02.020 - Development Applications. A. The following applications for development shall be processed in accordance with the requirements of this Chapter: cxcmpt from Chaptcr 43.21C RCW, subdivisions, short plats. planned residential developments, conditional uses, unclassified uses. shoreline substantial development permits, approvals required by the Environmentally Sensitive Areas Ordinance and Wetlands Ordinance, and site specific rezones authorized by the Comprehensive Plant' and all other land use. development. or environmental permits or licenses. including but not limited to building permits. other construction permits. and clearing and grading permits. which are not categorically exempt from Chapter 43.21C RCW or for which environmental review has not been completed in connection with other project permits. B The following applications for development shall be specifically excluded from compliance with the requirements of this Chapter: landmark designations. right -of- way use permits. street vacations. other approvals relating to the use of public areas or facilities. boundary line adjustments. and all permits not addressed in PAMC 18.02.020A. including but not limited to variances. which are categorically exempt from Chapter 43.21C RCW or for which environmental review has been completed in connection with other project permits. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said November Council held on the 5 t h day of Qcttfber,-199 ATTEST: APPROVED AS TO FORM: Craig D. ! tson, City Attorney PUBLISHED: November 10, 1996 (By Summary) 96.14 3 Summary of Ordinance Adopted by the Port Angeles City Council on November 5. 1996 Ordinance No. 2935 This Ordinance of the City of Port Angeles clarifies the types of development applications to which the consolidated development permit process applies and amends Ordinance No. 2911 and Chapter 18.02 of the Port Angeles Municipal Code. The full text of the Ordinance is 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. This Ordinance shall take effect five days after the date of publication of this summary. Publish: November 10. 1996 Becky J. Upton City Clerk