ORD 2000-36 PERMIT APPEAL & REVIEW PROCEDURESORDINANCE 2000-36
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to permit appeal and review procedures and amending
Section 2.16.085 of the Bainbridge Island Municipal Code.
WHEREAS, public review and comment is desirable for proposed land use actions; and
WHEREAS, the City Council of the City of Bainbridge Island, Washington, desires to
ensure that adequate public notice is given when a land use or development is proposed,
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 2.16.085 of the Bainbridge Island Municipal Code is amended to read as
follo~vs:
2.16.085 Notice requirements.
A. Types of Notifications. All applications, except those exempted in subsection G, require the
following notifications:
Notice of complete application;
Notice of application and public comment period;
Notice of public hearing, if a public hearing is required; and
Notice of decision and appeal period.
B. Notice of Complete Application.
1. Within 28 days after receiving a land use permit application, the department director
shall either mail, fax, or otherwise provide to the applicant a written determination, stating either
that the application is complete or that the application is incomplete and what is necessary to
make the application complete.
2. If the application is determined to be incomplete, the department director will request
additional information in writing.
3. Within 14 days after an applicant has submitted additional information identified by
the department director as being necessary for a complete application, the department director
shall notify the applicant whether the application is complete or what additional information is
necessary.
4. If the department director does not provide a written determination as to whether the
application is complete within the 28 days, the application shall be deemed complete as of the
twenty-eighth day.
C. Notice of Application and Public Comment Period - Notice to Public.
1. Within 14 days of a notice of complete application, the department director shall issue
a notice of application for a land use application subject to SEPA review and/or requiring a
public hearing. The notice of application shall provide a minimum comment period of 14 days.
For projects requiring review under the State Environmental Policy Act (SEPA), the SEPA
Final Notice Requirements 1 November 21, 2000
threshold determination shall not be issued prior to the expiration of the notice of application
comment period.
2. Method of Notice. The notice of application shall be provided to the public and other-
government agencies with jurisdiction over some aspect of the application by the following
means:
a. Mailing written notice to adjoining property owners at addresses listed on the
property tax records of Kitsap County;
b. Posting notice in the official posting places of the city;
c. Publishing notice in the official newspaper of the city; and
d. Posting the subject property in a manner prescribed by the City.
3. Notice of Application Contents. The notice of application shall contain the following
information:
a. Date of application, date of notice of complete application, and date of notice of
application;
b. Description of proposed project, location and street address if applicable;
c. Identification of requested permits, requested studies, other permits .not
included in the application and existing environmental documents pertaining to the proposal;
d. A statement of the date, time and place of any scheduled public heating related
to the application;
e. A statement of the 14-day comment period and any appeal tights;
f. Statements of the tight for any person to comment on the application, receive
notice of and participate in any public hearing, and request a copy of any decision; and
g. A statement of the preliminary determination, if any, of development
regulations that will be used for project mitigation.
D. Notice of Public Hearing. Notice for an application requiring a public hearing shall provide in
the following manner:
1. Time of Notice. The hearing examiner shall provide notice of the public heating at
least 15 days prior to the hearing or as otherwise provided by law.
2. Method of Notice. The heating examiner shall provide notice of an appeal heating as
provided in subsections (a) through (c) and shall provide public notice for any other public
hearing by:
a. Posting notice in the official posting places of the city;
b. Publishing notice in the official newspaper of the city at least 15 days prior to
the hearing or as otherwise provided by law;
C. Mailing the applicant and appellant, if applicable;
d. Mailing notice to the address listed on the property tax records of Kitsap
County for property located within 300 feet of any boundary of the subject property and
including any property within 300 feet of any contiguous property in the applicant's ownership;
and
e. Posting the subject property in a manner prescribed by the City.
3. Public Hearing Notice, Contents. The heating examiner shall prepare notice of an
upcoming public heating on the application containing the following information:
a. Applicant, agent and project name;
b. Name and telephone number of the permit coordinator and name of the heating
examiner;
Final Notice Requirements 2 November 21, 2000
c. Hearing date, time and place;
d. Location of the proposal and street address if applicable;
e. Brief description of the proposal and requested permit;
f. Vicinity map;
g. Citation of the code section requiting public heating;
h. SEPA determination, if applicable;
i. Procedures for public comment;
j. Appeal procedures when appropriate;
k. The decision being appealed and the name of the appellant, if applicable;
1. A brief description of the decision being appealed, if applicable; and
m. A statement of who may participate in the appeal, if applicable.
E. Notice of Decision and Appeal Period.
1. A notice of decision shall be issued upon a final decision on a land use application.
Notice of 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 decision for approval or
approval with modifications;
c. A statement of facts upon which the decision, including any conditions, is
based and the conclusions of law derived from those facts;
d. The SEPA threshold determination and mitigation conditions as specified in
Chapter 16.04, if applicable; and
e. Procedures for appeal, if any, in accordance with Sections 2.16.130 and
2.16.140.
2. The decision maker shall distribute the notice of decision by mail, fax, or personal
service to the applicant, the applicable department director and any persons requesting notice or
submitting comments on the application prior to the decision.
F. Combining Public Notices. If a land use application is subject to environmental review under
Chapter 16.04 (Chapter 43.21C RCW) and requires a SEPA threshold determination, the SEPA
public notice and notice of SEPA public comment period, if any, shall be combined with other
land use application notices when possible. A combined notice shall include a statement that a
single comment letter may be submitted to the SEPA official, addressing impacts as well as other
issues subject to review under the decision criteria for the land use application.
G. Exemptions from Public Notice Requirements. The following land use applications do not
require a notice of application and public comment period or notice of decision: 1. A building permit or other construction permit;
2. An administrative decision which is categorically exempt under SEPA (Chapter
43.21C RCW), unless the permit application procedures require a public comment period or
public hearing. (Ord. 96-03 § 10, 1~96)
SECTION 2. This Ordinance shall take effect and be in force on and after five days from its
approval and publication as required by law.
Final Notice Requirements 3 November 21, 2000
PASSED by the City Council this 29th day of November 2000.
APPROVED by the Mayor this 30th day of November 2000.
Dwig"ht Sutton, Mayor
ATTE ST/AUTHENTICATE:
Ssa~nP. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
October 4, 2000
November 29, 2000
December 6, 2000
December 11, 2000
2000-36
Final Notice Requirements 4 November 21, 2000