ORD 2001-26 PERMIT REVIEW PROCEDURESORDINANCE 2001-26
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to permit review procedures and legislative review
procedures, amending Section 2.16.025, Section 2.16.075,
Section 2.16.100 and Section 2.18.020 of the Bainbridge Island
Municipal Code.
WHEREAS, Chapter 2.16 of the Bainbridge Island Municipal Code contains
procedures for processing land use applications; and
WHEREAS, RCW 36.70B.080 requires local governments to establish time
periods for actions on specific project permit applications; and
WHEREAS, Chapter 2.18 of the Bainbridge Island Municipal Code contains
legislative review procedures; and
WHEREAS, the City Council has determined that it is in the best interests of the
City to amend the procedures for processing land use applications and clarify the method
of notice for public heatings held by the Planning Commission as set forth in this
ordinance; now therefore;
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 2.16.025 of the Bainbridge Island Municipal Code is
amended as follows:
2.16.025 Types of land use applications.
Land use applications are classified into three major categories based on the
review process: (1) administrative, (2) quasi-judicial and (3) consolidated project review.
A. Administrative Land Use Decision by a Department Director. The following
applications require an administrative decision by a department director and shall be
processed in accordance with BIMC 2.16.095:
Administrative conditional use;
Administrative variance;
Boundary line adjustment;
Building permit and other construction permits;
Building administrative decisions;
Occupancy permit;
Public works administrative decisions;
Sign permit;
Site plan and design review;
Shoreline substantial development permit and minor shoreline variance;
Short subdivision (short plat);
Zoning code interpretation; and
Any other administrative land use decision authorized by this code to be made by
the department director.
B. Quasi-Judicial Decision by the Hearing Examiner or City Council.
1. The following applications require a Hearing Examiner decision and shall be
processed in accordance with BIMC 2.16.100: Regular variance;
Shoreline variance and shoreline conditional use permit; and
Regular conditional use permit (CUP).
2. The following applications require a city council decision and will be processed
in accordance with BIMC 2.16.110: Subdivision approval;
Planned unit development (PUD);
Master Planned Development (MPD); and
Rezone.
C. Consolidated Project Review. An optional consolidated project review process
is available for a land use proposal that requires more than one related land use permit.
These are processed in accordance with BIMC 2.16.120.
Section 2. Section 2.16.075 of the Bainbridge Island Municipal Code is
amended as follows:
2.16.075 Application timeframes.
A. Final decisions on land use applications shall be issued within 120 days fxom
the date the application is determined to be complete pursuant to BIMC 2.16.055,
provided, that the final decisions on subdivision applications shall be issued within the
time periods stated in BIMC 17.04.050, 17.12.106 and 17.06.120. Where there is a
conflict in time periods of state statutes, the state statute with the more-restrictive time
period shall govern. The time period for making a final decision as established by this
section may be extended for any reasonable period of time mutually agreed upon by the
applicant and the city.
B. For purposes of calculating time periods and counting days of permit
processing, the time period shall begin on the first day following the date the application
is determined to be complete. The following periods shall be excluded fi.om the 120-day
period:
1. Any period during which the applicant has been requested by the city to correct
plans, perform required studies, or provide additional information, in accordance with
BIMC 2.16.055;
2. Any period during which an environmental impact statement is being prepared
following a determination of significance pursuant to Chapter 43.21C RCW;
3. Any period during which an appeal of a project permit is being reviewed; and
4. Any extension of time mutually agreed upon by the applicant and the city.
C. The time limits established by this section do not apply ifa land use
application includes one of the following:
1. An amendment to the comprehensive plan or an amendment to a land use
development regulation;
2. Siting of an essential public facility as provided in RCW 36.70A.200;
3. An application substantially revised by the applicant, in which case the time
period shall start from the date at which the revised project application is determined to
be complete under BIMC 2.16.055; or
4. An application for a street vacation.
D. If the city is unable to issue its final decision on a land use application within
the applicable time periods, the city shall provide written notice of this fact to the project
applicant. The notice will include a statement of reasons why the time periods have not
been met and an estimated date for issuance of the notice of final decision.
Section 3. Section 2.16.100 (C) of the Bainbridge Island Municipal Code is
amended as follows:
2.16.100 Hearing examiner decision procedures.
C. Decision Procedures. Land use applications requiring a hearing examiner
decision shall first be reviewed by the director of plarming and community development
as follows:
1. Environmental Review. For a land use application subject to Chapter 43.21C
RCW and Chapter 16.04, the SEPA threshold determination shall be issued and any
required public comment period shall be completed prior to a public hearing.
2. Planning Commission Review and Recommendation. For all land use
applications decided by the hearing examiner, when written public comments are
received during the public comment period concerning the effect of the land use
application on the comprehensive plan, the shoreline master program or matters not
addressed by specific provisions of this code, the director of planning and community
development or the hearing examiner may request planning commission review and
recommendation prior to the final decision. The planning commission will consider the
land use application at a public meeting.
a. The planning commission may recommend approval, approval with
modifications or denial of an application.
b. 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.
c. If the applicable criteria are not met, the planning commission shall recommend
the proposal be modified or denied.
d. A planning commission recommendation is not a final decision and therefore
there is no appeal of the recommendation.
Section 4. Section 2.18.020 of the Bainbridge Island Municipal Code is
amended as follows:
2.18.020 Planning commission review and recommendation.
A. Public Hearing. The planning commission shall hold a public heating for all
amendments to the official zoning map and zoning code of the city prior to issuing a
recommendation to the city council.
1. Notice of Public Hearing
The date, time and place of any scheduled public heating shall be provided to the
public by the following means:
a. Publishing notice in the official newspaper of the city at least 8 calendar days prior to
the public heating.
b. Posting notice in the official posting places of the city.
2. Participation in the Public Heating.
a. Any person may participate in the public heating. The planning commission has
discretion to limit testimony to relevant, nonrepetitive comments and to set time limits.
b. Any person may submit written comments, photographs or other exhibits on the
proposed amendment to the planning commission prior to or at the public hearing.
c. The planning commission 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.
B. Planning Commission Action and Written Recommendation.
1. In making a recommendation, the planning commission shall consider applicable
decision criteria of this code, all applicable law, and any necessary documents and
approvals.
2. The planning commission shall-issue a written recommendation which contains the
following:
a. A statement indicating that the proposed amendment is approved, approved with
modifications or denied; and
b. A statement of facts upon which the recommendation is based and the conclusions
derived from those facts.
C. Transmittal to 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 and department director.
Section 6. This ordinance shall take effect and be in force five days from and
after its passage, approval and publication as required by law.
PASSED by the City Council this 22~ day of August 2001.
APPROVED by the Mayor this 23rd day of August 2001.
Dwight Sutton, Mayor
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
August 1, 2001
August 22, 2001
August 29, 2001
September 3, 2001
2001-26