ORD 92-36 LAND USE FEES10/'07/92 13:51 FAX 206 885 5101 INSLEE,BEST [~]002/009
ORDINANCE NO. 92- 36
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to the imposition of land use fees by the
City; and mending sections 18.105.030, 18.105.040, 18,108.020,
18.111.020, and 18,120.050 of the Bainbridge Island Municipal
Code; and adding a new section 18.117.035 to the Bainbridge
Island Municipal Code.
WHEREAS, the City desires to charge fees for land use services provided by the
City; and,
WHEREAS, on October 8, 1992 the City's Planning Agency conducted a pablic
hearing and obtained the public's input regarding the imposition of fees for land use services
under Title 18 of the Bainbridge Island Municipal. Code; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN as follows:
.Section 1. There is added to the Bainbridge Island Municipal Code a new section
18.117.035 to read as follows:
18.117.035 Application fee. Upon submittal of an application for a
comprehensive plan amendment, the applicant shall pay the appropriate fee
established by the City by resolution.
Section 2. Section 18.108.020 of the Bainbridge Island Municipal Code is amended
as follows:
18,108,020 Applicable procedure. The City shall process conditional use
applications in accordance with the folloMng procedures:
The applicant may submit preliminary materials and plans to the
Department for corniteration at a pre-application conference at which
time specific documents and materials in addition to the minimum will
be requested. Applicants requesting a pre-application conference shall
pay an appropriate fee as established by the City by resolution.
An application shall be submitted to the Department with all required
documentation, materials and appropriate fees as established by the
City by resolution.
A staff report shall be prepared and delivered for review by the
planning agency.
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The planning agency shall make recommendations to the hearing
examiner for approval, approval with conditions or disapproval.
The hearing examiner will conduct a public hearing, and file Findings
of Fact, Conclusions of Law, and an Order with the City Clerles office.
Any person aggrieved by the decision of the hearing examiner may file
an appeal to the City Council in accordance with Chapter 2.16.
Section 3. Section 18.105.030.of the Bainbridge island Municipal Code is amended
as follows:
18,105.030 Permit required. No person, firm or corporation shall locate or
expand a use for which a site plan review is required without first obtaining
a site plan review and paying the appropriate fee as established by the City
by resolution.
SectiQn 4. Section 18.105.040 of the Bainbridge Island Mtmicipal Code is mended
as follows:
18.105.040 Applicable procedure. The City shall process site plan review
applications in accordance with the following procedures.
The applicant may submit preliminary materials, plans a~d an appropriate fee
as established by the City by resolution to the department for consideration
at a pre-applieation conference at which time:
Specific documents and materials in addition to the minimum will be
requested, and
The department will determine whether the proposal probably re.quires
administrative or agency review.
Admlrdstrative review may be performed for minor projects, as
determined by the director or designee, such as (i) four-plex
multifamily developments that are exempt under SEPA, (ii)
minor commercial remodels that are exempt under SEPA, or
(iii) a minor change in use.
Agency review shall be required for projects that are not
exempt under SEPA, that .are not considered minor by the
director, and for all new non-residential construction.
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An application shall be submitted with all required documentation, materials
and fees to the department.
The department shall finally determine whether the application shall receive
administrative or agency review.
A staff report shall be prepared and delivered for approval or disapproval to
the director or agency chair.
If under administrative review, the director shall approve or disapprove the
applicatiorL
If under agency review, the agency chair shall schedule the proposal for the
next available meeting for approval or disapproval.
Any person aggrieved by the decision of the department or agency may file
an appeal to the hearing examiner in accordance with Chapter 2.16.
Section 5. Section I8.120.050 of the Bainbridge Island Municipal Code is mended
as follows:
18,120.050 .Application and review procedure. The City shall process a
planned unit development in accordance with the following procedures:
A.
The applicant may submit preliminary, materials and plans to the
Department for consideration at a 'pre-application conference.
Applicants requesting a pre-application conference shall pay an
appropriate fee as established by the City by resolution.
A complete application shall be submitted to the Deparunem with all
required documentation, materials and the appropriate fee as
established by the City by resolution.
A staff report shall be prepared and delivered for review by the
planning agency.
De
The planning agency shall make recommendations to the hearing
examiner.
The hearing examiner will conduct a public hearing and file Findings
of Fact, Conclusions of Law, and Recommendations with the City
Clerk's office.
The City Council, at. its next available meeting, will review the
application and affirm, modify or deny the application or remand the
application to the hearing examiner for further review.
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Arty person aggrieved by the decision of the City Council may file an
appeal to the Kitsap County Superior Court in accordance with State
law.
Section 6. Section 18.111.020 of the Bainbridge Island Municipal Code is amended
as follows:
18.111.020 Applicable procedtxre. The City shall process variance
applications in accordance with the following procedures:
The applicant may submit preliminary materials and plans to the
Department for consideration at a pre-application conference at which
time specific documents and materials in addition to the minimum will
be requested. Applicams requesting a pre-application conference shall
pay an appropriate fee as established by the City by resolution.
An application shall be submitted to the Department with all required
documentation, materials and the appropriate fee as established by the
City by resolutiom
A staff report shall be prepared and delivered for review by the
planning agency.
The planning agency shall make recommendations to the hearing
examiner for approval, approval with conditions or disapproval.
The hearing examiner will conduct a public hearing, and file Findings
of Fact, Conclusions of Law and an Order with the City Clerk' office.
]E~'
Any person aggrieved by any decision of the hearing examiner may Ftle
an appeal to the City Council in accordance with Chapter 2.16.
Section 7. This ordinance shall take effect and be in force five days from and after
its passage, approval, publication and posting as required by law.
PASSED by the City Council this 5th day of November ,1992.
APPROVED by the Mayor this 5th
__day of November ,1992.
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ATFEST~ICATE:
Ralph EelIs, Clerk-Treasurer
APPROVED AS TO FORM:
Rod P. Kaseguma, City AttOrney
FILED~THEC1TYCI,RRK: October 31,
PASSED BYTHECITYCOUNCIL: November
PLEBLISI-I]!;D: November 11, 1992
POSll~D: November 11, 1992
EFFE~DATE: November 16, 1992
ORDINANCENO.: 92-36
1992
1992
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