ORD 92-43 LAND USE FEES"!:C"?
~3:5~
FAX 206 885 5101 INSLEE,BE~T ~007/009
ORDINANCE NO. 92- 4 3
AN ORDINANCE of the City of Bainbridge Island,
WashLngton, relating to the imposition of land use fees by the
City; amending Section 16.12.930 of the Bainbridgc Island
Municipal Code; and adding new sections 16.12.855 and
16.12.980 to the Bajnbridge Bland Municipal Code.
WHEREAS, the City desires to charge fees for land use services provided by the
City;, and,
WHEREAS, on October 8, 1992 the Citys Planning Agency conducted a public
henzing and obtained the publids input regarding the imposition of fees for land use services
under Ti~e l6 of the Bainbridge Island Municipal Code; and
WI-IB~AS, on December 3 -, 1992 the C/ty CouV. cil-conducted a public hearing
and obtained the public'~input regarding the iraposition of fees for land use services under
Tide 16 of the B.~inbridge Isl.and Municipal Code; now, therefore,
THE crY'Y COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN as foliois: '
_Sectioii .1. There is added to the Bainbridge Island Municipal Code a new section
16.12.980 to read as follows:
16,12.980 Applica..tion fee for amendment to shoreline .master program.
Upon submittal of an application for an amendment to the.~Shorellne Master
Program, the applicant shah pay the appropriate fee as established by the City
by resolution.
Section 2. Section 16.12.930 of the Bainbridge Island Municipal Code is amended
as follows:
16. 12.930. Pr_o_~dure - Stops for obta/ning permit. The applications for a conditional
use permit will be processed simultaneously with the application for the shoreline
substantial development permit.
The applicant will comply with all procedures as outlined in the shoreline
substantial development permit procedures. In addition, however, the
applicant will submit with the initial application a written statement detailing
what aspect of the project requires conditional use pexmit.
In any hearing held to consider an application for a conditional use permit the
applicant must demonstrate the following:
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That the proposed use will be consistent with the policies of the
Master Program;
That the proposed use will not interfere with the normal public use of
public shorelines;
That the proposed use of the site and design of the project will be
compatible with other permitted uses within the area;
That the proposed use will cause no unreasonably. adverse effects to
the shoreline environment designation in which ii' is to be located:
5. That the public interest-suffers no substantial detrimental effect,
Other uses :w~h':are 'nii't~ classified or' set forth=in the; 'appiicable Master
Program ~y b~;author/zed aS conditional uses provided ihe applicant can
demonstrate, in addition to .the criteria set forth above, that .6xtraorcHn~ry
circn~m-qtauces.precl.ude reasonable use of the property in a m.~'nner consistent
with the use 'rdgu,liti0us j0f the Master PrOgram.
In the gran.thl~.g of all conditional use permits, consideration will be given to
the eu~ulafii;i; impact of .additional reqii~sts-for like actions in the .area. For
example, if conditional use permits were granted for other developments in
the are, a..w. here..sim!lar circumstances exists, the total of the,conditional uses
should '~o 'reiiiiiin consistent with the;i6'olieies .,of 'the MailerS:Program and
should not produce substantial adverse effectst0 the. shoreline environment.
All applications .forConditi0nal use permits ', jwi,'ll be forwarded to the
Department of Ecology for fmal:approvai:o~.disapproval." Nii'Lapproval or
disapproval will' be considered final until it has been acted upon by the
Department of Ecology. Copies of the Department of Ecology ruling will be
sent to the City and the applicant. The City ,wiLl notify those interested
persons having requested notification from the City of the final decision.
The applicant will pay a fee for the shoreline conditional use permit-
application in the mount established by the City by resolution.
Section 3. There is added to the Bainbridge Island Municipal-Code a new section
16.12.855 to read as follows:
16.12.855 Fee for exemption de.termination. The City shall charge an appropriate
fee in the mount established by the City by resolution for a determination that a
development is e. xempt from obtaining a shoreline substantial development permit.
Section 4, This ordinance shall take effect and be in force five days from and after
its passage, approval, 'publication and posting as 'required by law.
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PASSED by the City Council this 3tO day of
December
APPROVED by the Mayor this 3rd
ATFE~f~~__)NTICATE:
Ralph EelIs, Clerk-Treasurer
__ day of December
Saiii J.., ato, Mayor
,1992.
, 1992.
APPROVED AS TO FORM:
Rod P. Kaseguma~Clt~° Attorney
FII .P-D WITH THE ~ CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 12-9-92
POSTED: 12-9-92
EFFE~ DATE: 12-14-92
ORD]INANCE NO.: 92-43
10-7-92
12-3-92
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