ORD 93-02 PERMIT PROCEDURESC9
Ordinance 93- 02
An ordinance of the City of Bainbridge Island,
Washington, relating to permit procedures and
amending Chapter 2.16 of the Bainbridge Island
Municipal Code.
WHEREAS, the City of Bainbridge Island has established permit
procedures pursuant to Chapter 35A.63 RCW; and
WHEREAS, the City wishes to consolidate permit procedures for
land use actions in a single chapter of the Municipal code; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN, AS FOLLOWS:
Section 1. Chapter 2.16 of the Bainbridge Island Municipal
Code is amended as follows:
Chapter 2.16
PERMIT REVIEW AND APPEAL PROCEDURES
Sections:
2.16.010 Administrative Review Procedures
2.16.020 Planning Commission Review and Recommendation
Procedures
2.16.030 Planning Commission Hearing Procedures
2.16.040 Hearing Examiner Hearing and Recommendation
Procedures
2.16.050 Hearing Examiner Decision Procedures
2.16.060 Appeal Hearing Procedures
2.16.010 Administrative Review Procedures
A. Applicability: This section applies each time a provision of
this Code requires Administrative Review of an application
request. These procedures include opportunity for public
comment prior to a decision by the applicable Department
Director.
B. State Environmental Policy Act: The State Environmental
Policy Act (SEPA) and the Bainbridge Island SEPA Ordinance
[Chapter 16.04 of the Bainbridge Island Municipal Code] may
also apply to actions processed under this section.
C. Notice Requirements:
1. Content: The applicable Department Director shall prepare
notice of an upcoming decision on the application
DRAFT CHAPTER BIMC2.16 February 10, 1993
containing the following information:
a. Applicant, agent and project name;
b. Location of the proposal and street address if
applicable;
C. Vicinity map;
d. Citation of the Code section requiring
administrative review;
e. Brief description of the proposal;
f. SEPA determination, if applicable;
g. Procedures for public comment; and
h. Name and telephone number of the project manager.
2. Time of Notice and Comment: The applicable Department
Director shall provide notice of an upcoming decision at
least 10 calendar days prior to the decision. Comments
will be received during this ten (10) day period.
3. Methods of Notice: The applicable Department Director
shall provide notice of an upcoming decision by:
a. Mailing written notice to adjoining property
owners;
b. Posting notice in the legal posting places of the
City; and
C. Publishing notice in the official newspaper of the
City.
D. Participation in the Decision: Any person may comment on a
proposed decision by submitting written comments on the
application to the applicable Department Director prior to the
end of the comment period specified in Paragraph C of this
section.
E. Department Director Decision:
1. The Department Director may approve, approve with
modifications or deny the application.
2. In making a decision, the Department Director shall
consider the applicable decision criteria of this Code,
all other applicable law, and any necessary documents and
approvals.
F. Written Decision of the Director: The Department Director
shall issue a written decision which contains the following:
1. A statement indicating that the application is approved,
approved with modifications or denied;
2. A statement of any conditions included as part of an
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DRAFT CHAPTER BIMC2.16 February 10, 1993
approval or approval with modifications;
3. A statement of facts upon which the decision, including
any conditions, is based and the conclusions derived from
those facts; and
4. A statement of the right of any person to appeal the
decision of the Department Director pursuant to Paragraph
I of this section.
G. Corrections or Clarification:
1. The Department Director may amend the decision at any
time to correct clerical errors clearly identifiable from
the public record. Such a correction does not affect any
time limit provided for in this Chapter.
2. The Department Director may clarify a statement in the
written decision at any time as long as the clarification
does not materially alter the decision.
H. Effect of Decision: Subject to the provisions of Paragraph I,
the decision of the Department Director on the application is
the final decision of the City.
I. Appeal of the Decision of the Department Director:
The decision of the Department Director may be appealed to the
Hearing Examiner in accordance with the procedures of Section
2.16.060.
2.16.020 Planning Commission Review and Recommendation Procedures
A. Applicability: This section applies each time a provision of
this Code requires review and recommendations, but no public
hearing, by the Planning Commission. These procedures include
opportunity for public comment prior to a decision by the
applicable Department Director; the Building Official; the
Hearing Examiner or the City Council.
B. State Environmental Policy Act: The State Environmental
Policy Act (SEPA) and the Bainbridge Island SEPA Ordinance
[Chapter 16.04 of the Bainbridge Island Municipal Code] may
also apply to actions processed under this section.
C. Notice Requirements:
1. Content: The Department Director shall prepare notice of
an upcoming recommendation on the application containing
the following information:
DRAFT CHAPTER BIMC2.16 February 10, 1993
a. Applicant, agent and project name;
b. Location of the proposal and street address if
applicable;
C. vicinity map;
d. Citation of the Code section requiring Planning
Commission Review and Recommendation;
e. Brief description of the proposal;
f. SEPA determination, if applicable;
g. Date the comment period ends and any other related
comment periods;
h. Procedures for public comment; and
i. Name and telephone number of project manager.
2. Time of Notice: The Department Director shall provide
notice of the review and recommendation at least nine (9)
calendar days prior to the meeting at which the Planning
Commission will review the proposed action and make
recommendations.
3. Methods of Notice: The Department Director shall provide
notice of an upcoming review and recommendations by:
a. Mailing written notice to adjoining property
owners;
b. Posting notice in the legal posting places of the
City; and
C. Publishing notice in the official newspaper of the
City.
D. Participation in the Decision: Any person may comment on a
proposed action by:
1. Submitting written comments, photographs or other
exhibits on the application to the Planning Commission
prior to the completion of the Planning Commission's
review;
2. Commenting or submitting photographs, written comments or
other exhibits at the Planning Commission meeting at
which the issue is being reviewed if the Planning
Commission accepts public comment.
E. Planning Commission Recommendation:
1. The Planning Commission may recommend approval, approval
with modifications or denial of an application.
2. In making a recommendation, the Planning Commission shall
consider the applicable decision criteria of this Code,
all other applicable law, and any necessary documents and
approvals.
3. In making a recommendation, the Planning Commission may
Page 4
DRAFT CHAPTER BIMC2.16 February 10, 1993
also consider:
a. All other applicable code requirements; and
b. All other necessary documents and approvals.
F. Written Recommendation of the Planning Commission: Within
thirty (30) days the Planning Commission shall issue a written
recommendation which contains the following:
1. A statement indicating that the application is approved,
approved with modifications or denied;
2. A statement of any conditions included as part of a
recommendation for approval or approval with
modifications; and
3. A statement of facts upon which the recommendation,
including any conditions, is based and the conclusions
derived from those facts.
G. Appeal of a Planning Commission Recommendation: Because the
Planning Commission Recommendation is not a final decision,
there is no appeal of the recommendation.
H. Transmittal to the Hearing Examiner for Public Hearing: The
Planning Commission's written recommendation and all other
documents upon which its recommendation is based shall be
immediately transmitted to the Hearing Examiner for a public
hearing following the provisions of Section 2.16.040.
2.16.030 Planning Commission Hearing Procedures
A. Applicability: This section applies each time a provision of
this Code requires the Planning Commission to conduct a public
hearing and make a recommendation to the City Council on an
application or request.
B. State Environmental Policy Act: The State Environmental
Policy Act (SEPA) and the Bainbridge Island SEPA Ordinance
[Chapter 16.04 of the Bainbridge Island Municipal Code) may
also apply to actions processed under this section.
C. Notice Requirements:
1. Content: The applicable Department Director shall prepare
notice of an upcoming decision on the application
containing the following information:
a. Applicant, agent
b. Location of the
applicable;
and project name;
proposal and street address if
DRAFT CHAPTER BIMC2.16 February 10, 1993
Im
E.
C. vicinity map;
d. Citation of the Code section requiring Planning
Commission Hearing;
e. Brief description of the proposal;
f. SEPA determination, if applicable;
g. Hearing Date;
h. Date the comment period ends and any other related
comment periods;
i. Procedures for public comment; and
j. Name and telephone number of the project manager.
2. Time of Notice: The Department Director shall provide
notice of the hearing at least nine (9) calendar days
prior to the hearing or as otherwise provided by law.
3. Method of Notice: The Department Director shall provide
notice of an upcoming hearing by:
a. Posting notice in the legal posting places of the
City;
b. Publishing notice in the official newspaper of the
City; and
C. If the application involves specific property
rather than an area or zone -wide change, mailing
notice to each owner of real property within 300
feet of any boundary of the subject property and of
any contiguous property in the applicant's
ownership.
4. Continuation of Hearing: A hearing may be continued to
a date certain without additional mailed or published
notice.
Participation in the Public Hearing:
1. Who may participate: Any person may participate in the
public hearing.
2. How to Participate:
a. Submitting written comments, photographs or other
exhibits on the application to the Planning
Commission prior to the Public Hearing; and
b. Submitting written comments, photographs or other
exhibits or making oral comments to the Planning
Commission at the public hearing.
Planning Commission Recommendation:
1. The Planning Commission may recommend approval, approval
with modifications or denial of an application.
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DRAFT CHAPTER BIMC2.16 February 10, 1993
2. In making a recommendation, the Planning Commission shall
consider the applicable decision criteria of this Code,
all other applicable law, and any necessary documents and
approvals.
3. If the above criteria are not met, the Planning
Commission shall recommend the proposal be modified or
denied.
F. Written Recommendation of the Planning Commission: Within
thirty (30) days of the Public Hearing, the Planning
Commission shall issue a written recommendation which contains
the following:
1. A statement indicating that the application is
recommended for approval, approval with modifications or
denial;
2. A statement of any conditions included as part of a
recommendation for approval or approval with
modifications; and
3. A statement of facts upon which the recommendation,
including any conditions, is based and the conclusions
derived from those facts.
G. Appeal of a Planning Commission Recommendation: Because the
Planning Commission recommendation is not a final decision,
there is no appeal of the recommendation.
H. Transmittal to the City Council: The Planning Commission's
written recommendation and other documents upon which its
decision is based shall be immediately transmitted to the City
Council.
I. Notice Requirements: Notice of City Council consideration of
recommendations from the Planning Commission shall be posted
in the legal posting places of the City.
J. City Council Action:
1. Elements to be Considered: The City Council shall
consider the following in deciding upon an application:
a. The contents of the application;
b. The minutes of any public hearing on the
application and any written material submitted as
part of the public hearing process;
C. The recommendation of the applicable Department
Director;
d. The recommendation of the Planning Commission; and
DRAFT CHAPTER BIMC2.16
A
February 10, 1993
e. The decision criteria listed in each section of
this Code under which the application was made.
2. City Council Decision: The City Council shall take one
of the following actions:
a. Adopt an ordinance or resolution, including
findings of fact and conclusions of law, approving
the proposal;
b. Adopt an ordinance or resolution including findings
of fact and conclusions of law, approving the
proposal with modifications;
C. Adopt an ordinance or resolution, including
findings of fact and conclusions of law, denying
the proposal; or
d. Refer the proposal back to the Planning Commission
for further proceedings.
K. Appeal of City Council Decision: All final decisions of the
City Council may be appealed to Kitsap County Superior Court
within thirty (30) days of the City Council's decision.
2.16.040 Hearing Examiner Hearing and Recommendation Procedures:
A. Applicability: This section applies each time a provision of
this Code requires a public hearing before the Hearing
Examiner and a recommendation from the Hearing Examiner to the
City Council for an application or request, except for appeal
hearings which are covered in Section 2.16.060. These
procedures include opportunity for public comment prior to a
recommendation by the Hearing Examiner.
B. State Environmental Policy Act: The State Environmental
Policy Act (SEPA) and the Bainbridge Island SEPA Ordinance
[Chapter 16.04 of the Bainbridge Island Municipal Code] may
also apply to an action processed under this section.
C. Notice Requirements:
1. Content: The Hearing Examiner shall prepare notice of an
upcoming public hearing on the application containing the
following information:
a. Applicant, agent and project name;
b. Location of the proposal and street address if
applicable;
C. Vicinity map;
d. Citation of the Code section requiring Hearing
Examiner recommendation or decision;
e. Brief description of the proposal;
f. SEPA determination, if applicable;
Page 8
DRAFT CHAPTER BIMC2.16 February 10, 1993
110
E.
g. Hearing date;
h. Procedures for public comment; and
i. Name and telephone number of the project manager
and name of the Hearing Examiner.
2. Time of Notice: The Hearing Examiner shall provide
notice of the public hearing at least ten (10) calendar
days prior to the hearing or as otherwise provided by
law.
3. Methods of Notice: The Hearing Examiner shall provide
notice of an upcoming hearing by:
a. Posting notice in the legal posting places of the
City;
b. Publishing notice in the official newspaper of the
City;
C. Mailing notice to each owner of real property
within 300 feet of any boundary of the subject
property and of any contiguous property in the
applicant's ownership; and
d. Posting the subject property. The applicant shall
provide the City with an eight (8) square foot sign
prepared to City specifications containing the
information described in Section 2.16.040 C.1.,
Contents of Notice. The sign shall be delivered to
the City at least fifteen (15) days prior to the
hearing.
4. Continuation of Hearing: A hearing may be continued to
a date certain without additional notice.
Participation in the Public Hearing:
1. Who may participate: Any person may participate in the
public hearing. The Hearing Examiner has discretion to
limit testimony to relevant, non -repetitive comments and
to set time limits.
2. How to Participate: Submitting written comments,
photographs or other exhibits on the application to the
Hearing Examiner prior to or at the public hearing.
Hearing Examiner Action:
1. The Hearing Examiner may recommend approval, approval
with modifications, remand of or denial of an
application.
2. In making a recommendation, the Hearing Examiner shall
consider the applicable decision criteria of the
Bainbridge Island Municipal Code, all other applicable
DRAFT CHAPTER BIMC2.16 February 10, 1993
law, and any necessary documents and approvals.
3. The Hearing Examiner shall maintain a record of the
exhibits presented and a tape recording of the testimony
and arguments presented, which shall be kept by the City
Clerk.
F. Written Recommendation of the Hearing Examiner: The Hearing
Examiner shall issue a written recommendation within ten (10)
working days of the public hearing unless a longer period is
agreed upon by the Hearing Examiner and the applicant.
1. The written recommendations shall include:
a. A statement indicating that the application is
approved, approved with modifications or denied;
b. A statement of any conditions included as part of a
recommendation for approval or approval with
modifications; and
C. A statement of facts upon which the recommendation,
including any conditions, is based and the
conclusions derived from those facts.
2. If the decision criteria are not met, the Hearing
Examiner shall modify, deny or remand the application to
the Planning Commission or applicable Department
Director.
3. At the time of filing a recommendation with the City
Clerk's office, the Hearing Examiner shall:
a. Mail or deliver copies of the decision to the
applicant and applicable Department Director; and
b. Mail notification of the availability of the
decision to any persons requesting such notice on
the public hearing sign -in sheet or by other
written means.
G. Motion for Reconsideration: A motion for reconsideration may
be filed to correct obvious errors. Any motion for
reconsideration shall be filed ten (10) calendar days from the
date the Hearing Examiner's recommendation was filed. If a
timely and appropriate request for reconsideration is filed,
the appeal period shall begin from the date the decision on
the reconsideration is issued.
H. Corrections or Clarification:
1. At any time prior to the City Council decision, the
DRAFT CHAPTER BIMC2.16
February 10, 1993
Hearing Examiner may amend the recommendation to correct
clerical errors clearly identifiable from the public
record.
2. At any time prior to a City Council decision, the Hearing
Examiner may clarify a statement in the written decision
as long as the clarification does not materially alter
the decision.
I. Appeal of a Hearing Examiner Recommendation: Because the
Hearing Examiner's recommendation is not a final decision,
there is no appeal of a Hearing Examiner recommendation.
J. Transmittal to City Council: After the written recommendation
is filed with the City Clerk's office, the City Clerk shall
transmit the opinion to the City Council together with
appropriate information and documentation. Recommendations on
preliminary plats shall be transmitted to the City council
within fourteen (14) days of making the recommendation.
K. Notice Requirements: Notice of City Council consideration of
recommendations from the Hearing Examiner shall be posted in
the legal posting places of the City.
L. City Council Action:
1. Elements to be Considered: The City Council shall
consider the following in deciding upon an application:
a. The contents of the application;
b. The minutes of any public hearing on the
application and any written material submitted as
part of the public hearing process;
C. The recommendation of the applicable Department
Director;
d. The recommendation of the Hearing Examiner; and,
e. The decision criteria listed in each section of
this Code under which the application was made.
2. City Council Decision: The City Council shall take one
of the following actions:
a. Adopt an ordinance or resolution, including
findings of fact and conclusions of law, approving
the proposal;
b. Adopt an ordinance or resolution, including
findings of fact and conclusions of law, approving
the proposal with modifications;
C. Adopt an ordinance or resolution, including
findings of fact and conclusions of law, denying
the proposal; or
DRAFT CHAPTER BIMC2.16 February 10, 1993
d. Refer the proposal back to the Hearing Examiner for
further proceedings.
M. Appeal of City Council Decision: All final decisions of the
City Council may be appealed to Kitsap County Superior Court
within thirty (30) days of the City Council's decision.
2.16.050 Hearing Examiner Decision Procedures:
A. Applicability: This section applies each time a provision of
this Code requires a public hearing before the Hearing
Examiner and a final decision by the Hearing Examiner.
B. State Environmental Policy Act: The State Environmental Policy
Act (SEPA) and the Bainbridge Island SEPA Ordinance [Chapter
16.04 of the Bainbridge Island Municipal Code] may also apply
to an action processed under this section.
C. Notice Requirements:
1. Content: The Hearing Examiner shall prepare notice of an
upcoming public hearing on the application containing the
following information:
a. Applicant, agent and project name;
b. Location of the proposal and street address if
applicable;
C. Vicinity map;
d. Citation of the Code section requiring Hearing
Examiner recommendation or decision;
e. Brief description of the proposal;
f. SEPA determination, if applicable;
g. Hearing date;
h. Procedures for public comment;
i. Appeal procedures when appropriate; and
j. Name and telephone number of the project manager
and name of the Hearing Examiner.
2. Time of Notice: The Hearing Examiner shall provide
notice of the public hearing at least ten (10) calendar
days prior to the hearing or as otherwise provided by
law.
3. Method of Notice: The Hearing Examiner shall provide
notice of an upcoming hearing by:
a. Posting notice in the legal posting places of the
City;
b. Publishing notice in the official newspaper of the
City at least ten (10) calendar days prior to the
DRAFT CHAPTER BIMC2.16
W
February 10, 1993
hearing or as otherwise provided by law;
C. Mailing notice to each owner of real property
within 300 feet of any boundary of the subject
property and of any contiguous property in the
applicant's ownership; and
d. Posting the subject property. The applicant shall
provide the City with an eight (8) square foot sign
prepared to City specifications containing the
information described in Section 2.16.040 C.1.,
Contents of Notice. The sign shall be delivered to
the City at least fifteen (15) days prior to the
hearing.
D. Participation in the Public Hearing:
1. Who may participate: Any person may participate in the
public hearing. The Hearing Examiner has discretion to
limit testimony to relevant, non repetitive comments and
to set time limits.
2. How to Participate: Submitting written comments,
photographs or other exhibits on the application to the
Hearing Examiner prior to or at the Public Hearing.
E. Hearing Examiner Action:
1. The Hearing Examiner may approve, approve with
modifications, deny or remand an application.
2. In making a decision, the Hearing Examiner shall consider
the applicable decision criteria of this Code, all other
applicable law, and any necessary documents and
approvals.
3. The Hearing Examiner shall maintain a record of the
exhibits presented and a tape recording of the testimony
and arguments presented, which shall be kept by the City
Clerk.
F. Written Decision of the Hearing Examiner: The Hearing
Examiner shall issue a written decision within ten (10)
working days of the public hearing, unless a longer period is
agreed upon by the Hearing Examiner and the applicant.
1. The written decision shall include:
a. A statement indicating that the application is
approved, approved with modifications, denied or
remanded;
b. A statement of any conditions included as part of a
Page 13
DRAFT CHAPTER BIMC2.16 February 10, 1993
decision for approval or approval with
modifications; and
C. A statement of facts upon which the decision,
including any conditions, is based and the
conclusions of law derived from those facts.
2. At the time of filing a decision with the City Clerk's
office, the Hearing Examiner shall:
a. Mail or deliver copies of the decision to the
applicant and the applicable Department Director;
and
b. Mail notification of the availability of the
decision to any persons requesting notice on the
public hearing sign -in sheet or by other written
means.
G. Continuation of Hearing: A hearing may be continued to a date
certain without additional notice.
H. Motion for Reconsideration: A motion for reconsideration may
be filed to correct obvious error. Such motion shall be filed
in writing ten (10) calendar days from the date the Hearing
Examiner's decision was filed. Such motion shall be decided
on the record unless, at the Hearing Examiner's discretion,
further public hearing is necessary. If a timely and
appropriate request for reconsideration is filed, the appeal
period shall begin from the date the decision on the
reconsideration is issued.
I. Corrections or Clarification:
1. The Hearing Examiner at any time may amend the decision
to correct clerical errors clearly identifiable from the
public record. Such correction does not affect any time
limit provided for in this Chapter.
2. The Hearing Examiner may clarify a statement in the
written decision as long as the clarification does not
materially alter the decision.
J. Effect of Decision: Subject to the provisions of section
2. 16. 050 K. , the decision of the Hearing Examiner is the final
decision of the City.
K. Appeal of a Hearing Examiner Decision: Appeals of a Hearing
Examiner final decision shall be made to the City Council and
follow the procedures of Section 2.16.060.
Page 14
DRAFT CHAPTER BIMC2.16 February 10, 1993
2.16.060 Appeal Hearing Procedures:
A. Applicability: This section is applicable to all hearings
conducted in response to appeals of administrative decisions,
departmental rulings and interpretations, and decisions of the
Hearing Examiner. Appeals of decisions made in accordance with
Chapter 16.04 of this Code, the City's SEPA rules, shall be
made according to the procedures in that chapter.
B. Form of the Appeal:
1. Any appeal shall be filed with the City Clerk within ten
(10) calendar days of the date of the decision or within
a time frame otherwise specified by law.
2. All appeals shall be filed in writing with the City
Clerk, shall identify the decision appealed, and the date
of the decision, and shall contain a summary of the
grounds for the appeal.
3. The appropriate fee as established by City resolution
must be paid upon filing of the notice of appeal. No
appeal will be processed without receipt of the
appropriate fee.
4. Following receipt of a notice of appeal and payment of
the appropriate fee, a public hearing shall be set with
the appropriate hearing body.
5. All written comments and related documents received prior
to the appeal hearing shall be transmitted to the hearing
body no later than the hearing date.
C. Content of Appeal: Appeal hearings shall be limited to the
issues specified in the written appeal.
D. Notice Requirements:
1. Content: A notice of an appeal hearing shall contain the
following information:
a. The decision being appealed, the name of the
appellant, and the project name, if applicable;
b. The street address of the subject property, and a
description in non -legal terms sufficient to
identify its location;
C. A vicinity map indicating the location of the
subject property;
d. A brief description of the decision being appealed;
e. The date, time and place of the appeal hearing, and
the hearing body or official;
Page 15
DRAFT CHAPTER BIMC2.16 February 10, 1993
f. A statement of who may participate in the appeal;
and
g. Name and telephone number of the project manager.
2. Time of Notice: The City Clerk or Hearing Examiner, as
appropriate, shall provide notice of the appeal hearing
at least ten (10) calendar days prior to the hearing or
as otherwise provided by law.
3. Method of Notice: Notice of an upcoming appeal hearing
shall be provided by:
a. Posting notice in the legal posting places of the
City;
b. Publishing notice in the official newspaper of the
City; and
C. Mailing notice to the applicant and the appellant.
4. Continuation of Hearing: A hearing may be continued to
a date certain without additional notice.
E. Participation in the Appeal Hearing: Participation in an
appeal hearing is limited to the Applicant, the Appellant,
appropriate City Staff,any witnesses called by each and any
non-party if the hearing body determines that the testimony
will be relevant and non -repetitive.
F. Decision on the Appeal:.
1. Hearing Body Action: In considering appeals, the hearing
body shall do one of the following:
a. Affirm the decision;
b. Reverse the decision;
C. Affirm the decision with modifications; or
d. Remand the decision to the decision -maker for
further consideration.
2. Criteria:
a. All appeals shall be heard only on the record,
unless the hearing body determines that additional
information is necessary. If additional
information is requested, the hearing body shall
specify the nature of the information.
b. The hearing body may grant, or grant with
modifications the appeal if the hearing body finds
that the decision was clearly erroneous.
3. Conditions: The hearing body may include conditions as
part of a decision granting or granting with
modifications an appeal to insure conformance with this
Page 16
DRAFT CHAPTER BIMC2.16 February 10, 1993
Code, the City's Comprehensive Plan and other applicable
laws.
4. Written Decision: The hearing body shall issue a written
decision on the appeal which contains the following:
a. A statement indicating the decision of the hearing
body on the appeal;
b. A statement of any conditions included as part of
the decision on the appeal;
C. A statement of facts upon which the decision,
including any conditions, is based and the
conclusions of law derived from those facts; and
d. A statement of the right of an affected applicant
or appellant to appeal the decision of the hearing
body.
5. Distribution: The Hearing body or its designee shall
mail a copy of the written decision of the hearing body
to the applicant, the appellant and the applicable
Department Director.
6. Appeal of the Decision of the hearing body: The decision
of the hearing body shall be final unless a party to the
appeal, within thirty (30) days after such decision is
made, makes application to Kitsap County Superior Court
for a writ of review.
Section 2. 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 18th day of February , 1993.
APPROVED by the Mayor this 19t ay of " ebruar 1993.
Sam ,� anato, Mayor
ATTEST/A ENTICATE:
Ralph Eells, Clerk -Treasurer
DRAFT CHAPTER BIMC2.16
5
Page 17
February 10, 1993
Rod P. Kaseguma, City Attorney
` FILED WITH THE CITY CLERK: : Januar 14 1993
Y
PASSED BY THE CITY COUNCIL: February 18, 1993
PUBLISHED: February 24, 1993
POSTED: February 24, 1993
EFFECTIVE DATE: February 23, 1993
ORDINANCE NO.: 93-02
ret: c:\ord\216bimc7.sw
DRAFT CHAPTER BIMC2 . 16 Pa e 18
January 13, 1993
EXISTING ZONING PERMIT PROCEDURES
Zoning Permit Type
Administrative
Planning
Hearing
City Council
Agency
Examiner
SPR
R*
R*
2.16.010
2.16.020
CUP
R
X
A
2.16.020
2.16.050
2.16.060
VAR
R
X
A
2.16.020
2.16.050
2.16.060
REZ (leg)
H
X
2.16.030
2.16.030
REZ (q j)
R
H
X
2.16.020
2.16.040
2.16.040
CPR
H
X
2.16.030
2.16.030
PUD
R
H
X
2.16.020
2.16.040
2.16.040
SPT
X
A
2.16.010
2.16.060
CODE
X
A
INTERPRETATION
2.16.010
2.16.060
X = Final Decision
R = Recommendation sent to next level
H = Conducts hearing and makes recommendation to next level
A = Hears appeals
*SPRs are approved by the building official.
ref: c:\tcr\sw\216chart