HomeMy WebLinkAbout3609ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington amending
Chapter 2.18 relating to Hearing Examiner of the Port Angeles Municipal
Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOIA.OWS:
Section 1. Ordinance 3536, and Chapter 2.18 of the Port Angeles Municipal Code relating
to hearing examiner are hereby amended by amending Chapter 2.18 as follows:
Chapter 2.18 Hearing Examiner
2.18.010 System established.
2.18.020 Appointment.
2.18.030 Pro tempore appointment.
2.18.040 Limitations on appointment.
2.18.050 Freedom from improper influence.
2.18.060 Functions, issues and jurisdiction of the Hearing Examiner.
2.18.065 Functions, issues and jurisdiction of the Director of Community and Economic
Development.
2.18.070 Rules of Procedure.
2.18.075 Appeal Fees.
2.18.080 Repeal.
2.18.060 - Functions, issues and jurisdiction of the Hearing Examiner.
A. Review authority. The Hearing Examiner is hereby authorized and directed to hear and decide
the following matters:
1. Conditional use pen -nits.
2. Unclassified use pen -nits.
3. Subdivision applications:
a. Preliminary subdivision.
b. Preliminary binding site improvement plan.
4. Shoreline applications:
a. Substantial development permits - All applications except those deemed
administrative actions pursuant to subsection 2.18.065(5).
b. Conditional use permits.
c. Variances.
1
5. Variances.
6. Appeal Bldg. Official determination.
7. Preliminary overlay-zones.
8. Approval of uses not expressly permitted in a specific zone in light of the zoning
intentions and consistent with the Comprehensive Plan.
9. Appeals from notices of trespass, infractions, and violations issued by Cit
employees and City officials where a right of appeal exists.
B. Appeal procedure. As to the matters identified in subsection 2.18.060 A above, the decision
of the Hearing Examiner shall be the final decision of the City. The decision of the Hearing
Examiner in these cases may be appealed to Superior Court. Appeals must be filed within 15 days
of the notice of decision.
C. The Hearing Examiner is hereby authorized and directed to conduct a hearing and make
Findings, Conclusions, and Recommendations to the City Council on the following:
1. Petitions for rezones• and
2. Petitions for street vacations.
Section 2. Ordinance 3536, and Chapter 2.18 of the Port Angeles Municipal Code relating
to hearing examiner are hereby amended by adding a new Section 2.18.075 Appeal Fees as
follows:
2.18.075 — Appeal Fees. The Cita is authorized, concurrently with the City Council, to
establish uniform fees for filing appeals to be heard by the Hearing Examiner. Fees established
by the City Manager shall not become effective until notice of the fees is given to the City Council.
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 to other local, state, or federal laws, codes,
rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto.
Section 4 - Severability. If any provisions of this Ordinance, or its application to any person
or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of
the Ordinance to other persons or circumstances, is not affected.
N
Section 5 - Effective Date. This Ordinance, being an exercise of a power specifically delegated
to the City legislative body, is not subject to referendum. This ordinance shall take effect five
(5) days after passage and publication of an approved summary thereof consisting of the title.
PASSED by the City Council ofthe City of Port Angeles at a regular meeting of said Council
I-/
held on the I eday of September, 2018.
Sissi Bruch, Mayor
APP COVED AST
William E. Bloar, City Attorney
ATTEST: