HomeMy WebLinkAbout2697 Authorizing Hearing Examiner to make Type III Personal Wireless Service Facility DecisionsOrdinance No. 2697
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION
2.14.050, FUNCTION AND JURISDICTION, CHAPTER 2.14, HEARING
EXAMINER, OF THE PORT TOWNSEND MUNICIPAL CODE, TO AUTHORIZE
THE EXAMINER TO MAKE TYPE III PERSONAL WIRELESS SERVICE
FACILITY DECISIONS IN ACCORDANCE WITH CHAPTER 17.78 PTMC
WHEREAS, RCW 35A.63.170 authorizes code cities to utilize a hearing examiner for
public hearings in land use decisions and other matters; and
WHEREAS, a hearing examiner system provides for an efficient and fair method of
reviewing land use permit applications and determining appeals of land use and other
administrative decisions; and
WHEREAS, a heating examiner is well-versed in procedural due process, land use laws,
land use planning principles, and recent court decisions; and
WHEREAS, a hearing examiner may reduce the City's potential liability for improper
public hearings and land use decisions; and
WHEREAS, the City recently adopted Chapter 17.78 PTMC, regulating personal wireless
service facilities. Due to the complex nature of the permitting process for these applications,
including complex engineering and legal considerations, in adopting Chapter 17.78 PTMC, the
City Coun~ determined that the Port Townsend Hearing Examiner shall conduct all hearings and
serve as the final decisionmaker for permita and variances as described in Chapter 17.78 PTMC;
and
WHEREAS, the City Council hereby amends PTMC 2.14.050 to confer jurisdiction upon
the Port Townsend Hearing Examiner in accordance with Chapter 17.78 PTMC,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
SECTION 1. Chapter 2.14, Hearing Examiner, Section 2.14.050, Function and
jurisdiction, of the Port Townsend Municipal Code is hereby amended to read as follows:
2.14.050 Function and jurisdiction.
The hearing examiner shall hear and decide the following matters:
Appeals of all administrative decisions as defined in PTMC 1.14.020;
Local improvement district hearings as provided herein;
C. Appeals of declarations of dogs as dangerous as provided in PTMC 8.04.272; and
D. All Type III land use decisions as the city council refers to the examiner in
accordance with PTMC 20.01.045;_artfl
E. All Type III personal wireless service facility ~rmits and ma_ior
variances, as defined in Chapter 17.78 PTMC.
(Ord. 2697 § 1, 1999; Ord. 2650 § 1, 1998; Ord. 2584 § 1, 1997).
SECTION 2. Sevembility. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This. ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this ~7 day of (~~ , 1999.
Forrest Rambo, Mayor
Attest:
Pa~ K°laCy, City Clerk~
ahfln, City Attorney
05124199 Ord\{214OSO.ord}
2 Ord. 2697