HomeMy WebLinkAbout2275 Establishing a Uniform Appeal Procedure of Planning and Building Director Administrative DecisionsORDINANCE NO. 2275
AN ORDINANCE ESTABLISHING A UNIFORM APPEAL
PROCEDURE OF ADMINISTRATIVE DECISIONS OF THE
PLANNING AND BUILDING DIRECTOR; ESTABLISHING
A NEW CHAPTER 1.14 OF THE PORT TOWNSEND
MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, certain land use decisions within the City of Port Townsend may be made
administratively by the Planning and Building Director of the City or his or her designee, and
the City Council for the City of Port Townsend desires to establish one uniform appeal
procedure for the appeal of such administrative decisions, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS
FOLLOWS:
Section 1. Applicability. This Ordinance and the procedure herein shall apply to the
appeal of all administrative decisions made by the Planning and Building Director of the City,
or his or her designee, which may now or hereafter be provided for by Ordinance of the City.
Section 2. Definitions.
2.01 Director. "Director" shall mean the Planning and BUilding Director
of the City, or his or her designee.
2.02 Administrative decision. "Administrative decision" for the purposes
of this Ordinance shall mean any decision which the Director is now or hereafter authorized to
make upon any land use application under the zoning or subdivision code of the City.
Section 3. Administrative Appeal Process.
3.01 Any applicant or any person who participated in an administrative
decision by having received notice or submitted written comments in connection therewith may
appeal the administrative decision of the Director by submitting to the Planning and Building
Department of the City a written statement indicating the facts that establish the appellant's right
to appeal; a brief statement identifying the specific exceptions and objections to the decision
being appealed or identifying specific errors in the decision being appealed; the requested relief
from the decision being appealed; any other information reasonably necessary to make a decision
on the appeal; and an appeal filing fee in the amount set forth in Chapter 3.36 of the Port
Townsend Municipal Code.
3.02 AnY such appeal must be filed with the Planning and Building
Department no later than 25 calendar days following the date on which the administrative
decision of the Director was mailed and published or otherwise became effective.
3.03 The Planning and Building Department shall transmit the statement
of appeal to the Board of Adjustment of the City, which shall schedule a hearing on the appeal
and cause notice of the hearing to be mailed to the applicant and to the appellant no later than
10 days prior to the date of hearing. The notice shall be mailed by first class mail, postage fully
prepaid, and proof of mailing shall be by affidavit or declaration under penalty of perjury of the
person mailing the same.
3.04 After hearing, the Board shall consider the record of the decision of
the Director, together with any and all information relied upon by the Director in making its
decision. The Board shall also consider testimony at the hearing and any other written
submissions made at or prior to the appeal hearing. Following the hearing, the Board shall
make its decision either affirming, reversing or modifying the decision of the Director; or the
Board may make its own Findings of Fact, Conclusions and Decision. The Board's decision
shall represent the final decision of the City, which may thereafter be further appealed or
reviewed as otherwise set forth in Title 17 or Title 18 of the Port Townsend Municipal Code.
Section 4. Codification. This Ordinance shall be codified as a new Chapter 1.14 to Title
1 of the Port Townsend Municipal Code.
Section 5, Effective Date, This Ordinance shall take effect upon its passage, approval
and publication in the form and manner provided bY law.
Read for the first, second and third times, passed by the City Council for the City of Port
Townsend, and approved and signed by the Mayor for the City this 3rd day of December, 1991.
Mayor Brent S~
David A. Grove, City Clerk
Keath C. Harper, City Attorney