HomeMy WebLinkAbout2538 Shoreline Management Master ProgramOrdinance No.
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
THE PREFACE AND SECTIONS 6, 7, AND 10, OF THE PORT
TOWNSEND SHORELINE MANAGEMENT MASTER PROGRAM IN
ORDER TO INTEGRATE SHORELINE REGULATION WITH THE
REGULATORY REFORM ACT AND THE GROWTH MANAGEMENT
ACT AND TO REFLECT RELEVANT CHANGES IN CHAPTER 90.58
RCW
WHEREAS, the Regulatory Reform Act, ESHB 1724, (RCW 36.70B) is intended, in
part, to accomplish a partial integration of planning under the Shoreline Management Act,
90.58 et seq., (SMA) with planning under the Growth Management Act (GMA); and
WHEREAS, the Regulatory Reform Act amends various provisions of the SMA,
including those related to the local permit process and appeals; and
WHEREAS, Substitute Senate Bill 6236 adds a new section related to construction
activities following the effective date of a substantial development permit; and
WHEREAS, the City desires to amend its Shoreline Master Program, last amended in
March of 1994, to make it consistent with state law,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
~. The PREFACE section of the Port Townsend Shoreline Management
Master Program is hereby amended to read as follows:
PREFACE
In November 1972, the people of the State of Washington enacted the Shoreline Management
Act (RCW 90.58). The primary purpose of the act is to provide for the management and
protection of the state' s shoreline resources by planning for reasonable and appropriate uses.
The law provides a two-tier planning effort by the state and local government. By law, the city
and county are each responsible for the following:
1. Development of an inventory of the natural characteristics and land use patterns along
shorelines covered by the act.
2. Preparation of a "Master Program" to determine the future of the shorelines.
3. Development of a permit system to further the goals and policies of both the act and the
local Master Program.
HOW THE PLAN WORKS
The Port Townsend Shoreline Management Master Program is a planning document that
outlines goals and policies for the shorelines of the county and city. It is also a regulatory
ordinance with performance standards for development intended to implement the goals and
policies.
When planning a project near the shoreline, consult with the City of Port Townsend Ptann/ng
and Building and Community Development ("BCD") Department. The city shoreline
administrator will determine whether a shoreline permit is required and provide assistance in
the permit application process.
All shorelines subject to the Shoreline Management Act are given a shoreline environmental
designation. This designation system is designed to encourage uses most appropriate for
particular areas and to enhance the character of that shoreline environment. The shoreline
designations are found on the map supplied with this program and defined in Appendix "A".
Shoreline uses are classified as "primary," "secondary," or "conditional," in order of
preference or appropriateness on a particular shorelines. Primary, sSecondary and conditional
uses, as well as variances, require review by the Port Townsend Shoreline Ma~aageinen[
Advisory Planning Commission prior to action by the Port Townsend City Council. In
addition, permits issued by local governments for conditional uses and variances require final
approval from the State of Washington.
(Ord. § 1, 1996.)
~ SECTION 6: ADMINISTRATION, of the Port Townsend Shoreline
Management Master Program is hereby amended to read as follows:
SECTION 6: ADMINISTRATION
SUBSECTIONS
6.10
6.20
6.30
6.40
Port Townsend Planning Shoret/ne Commission
Program Administration
City Council
Application
2 Ord. No. ~95~ ~
There is hereby established by this Master Program an administrative system designed to
assign responsibilities for review of substantial development permits, to prescribe an orderly
process by which to review all permit applications, and generally to ensure that all persons
coming within the jurisdiction of this Master Program are treated in a fair and equitable
manner.
6.10 PORT TOWNSEND PLANNING ADVISORY COMMISSION
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term, ex~pt in the event of a vacancy
two year terms aid ............
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luly 1, 1996, the Port Townsend Planning COmmission shall serve as the Shoreline
Management Advisory Commission and shall assume all of the responsibilities of the
commission set forth in this Master Program.
The responsibilities and duties of the Planning Commission are those identified below and in
the Commission's by-laws.
Establish and maintain bylaws by which to conduct meetings and public hearings and to
use as a parliamentary guide in making decisions.
Review all proper and complete substantial development permit applications of
~v.~.EIl,uoa~ aJ~d - -- "-": .... ' ........ J .....-' .............
,~EI,,u,.EI,,,~ u~ ,~,u v,~.,~,,.~ ,~lu~,~ within the scope of this Master
Program.
3 Ord. No. ~ > g
(Ord.
Review any and all information, testimony, or correspondence from interested persons,
groups, or agencies with respect to substantial development permit applications for
~ secondary or conditional uses and variance requests, consistent with the
provisions of Section 20.01.220 PTMC.
Conduct },~,~,l~,. ,,~,.~,,s, and o~oen record public hearings or other public meetings
associated with Iteiii$ 2 a~ad 3 above shoreline permits or Master Program amendments.
Make findings and ev'atmfior~ conclusions and thereafter formulate and transmit
recommendations to the City Council that shoreline permits for (primary., secondary
and conditional uses and variance requests) be granted or denied with respect to
compliance with the Shoreline Management Act and this Master Program.
Condition any shoreline permit recommended for approval associated -vvlth ltein 5
abrrve in order to prevent undesirable effects of the proposed area, as well as bringing
about conformance with the goals, policies, and standards of this Master Program.
Develop and/or review any proposed amendments and adjustments to this Master
Program and make recommendation s relative thereto to the City Council.
§ 2, 1996.)
6.20 PROGRAM ADMINISTRATION
The Port Townsend ~'|afiiihig and Bailding BCD Department is hereby vested with general
overall administration of the Shoreline Management Act and this Master Program. The
responsibilities and duties of the Planning and Building BCD Department include the
following:
2.
3.
4.
5.
Prepare and use such forms it deems essential for administrative purposes. Such forms
shall be consistent with WAC 173.14.110.
Advise and assist applicants for shoreline permits of administrative requirements and
review criteria of the Shoreline Management Act and this Master Program.
Insofar as possible, ensure that all shoreline permit applications are proper and
complete prior to review.
Ensure that all administrative requirements designed by the Shoreline Management Act
and this Master Program are accomplished in processing shoreline permit applications.
Insofar as possible, ensure that all foreseeable and pertinent data, correspondence, and
testimony regarding permit applications has been considered and are in order prior to
review.
Present permit applications for primam., secondary and conditional uses and variance
requests together with any findings, evaluations, and recommendations to the shoreline
ni~diageiiient advisory Planning Commission.
Present permit.applications together with findings, evainafi°n~ conclusions, and
recommendations to the City Council.
Review all proper and complete shoreline permit applications ,%~- primary uses.
4 Ord. No. ~5 -~ ~¢
11.
12.
13.
14.
15.
16.
17.
18.
19.
(Ord. __
Review any and all information, testimony, or correspondence from interested persons,
groups, or agencies with respect to shoreline permit applications for primary uses.
Prepare draft findings and conclusions for the Planning Commission to the Board of
· _.,,...Lj ,..,,,.,,,,~,,,,~ ,~,,~ City Council that permits be granted or denied for primar3r
shoreline uses with respect to compliance with the Shoreline Management Act and this
Master Program.
Prepare draft cEonditions for any permit recommended for approval assoe'im'ed-wi~
i~em40-above in order to prevent undesirable effects of the proposed use, as well as
bringing about conformance with the goals, policies, and/or standards of this Master
Program.
Provide technical and administrative assistance to the Shoreline Elaani/lg Commission
and City Council relative to the Shoreline Management Act and this Master Program.
Act as the primary liaison between local and state agencies in the administration of the
Shoreline Management Act and this Master Program.
Make administrative decisions and interpretations regarding the Shoreline Management
Act and this Master Program.
Seek remedies for either violations of the Shoreline Management Act and this Master
Program, or for noncompliance with conditions of any approved shoreline permit
issued by the City of Port Townsend.
Assist in the development and processing of any proposed adjustments of this Master
Program.
Insofar as possible, ensure that all foreseeable pertinent data, correspondence,
testimony, and recommendations on proposed adjustments to this Master Program are
considered and are in order prior to review.
Present proposed adjustments to this Master Program, together with findings and
recommendations, for the Planning Commission to the City Council.
Undertake measures to inform the citizens of the City of Port Townsend of the
philosophy, purposes, goals, requirements, implications, and technical considerations
associated with the Shoreline Management Act and this Master Program.
§ 2; 1996.)
6.30 CITY COUNCIL
The Port Townsend City Council is the sole local authority empowered to grant or deny a
shoreline permit. The responsibilities and duties of the City Council with respect to this
Master Program include the following:
Consider through pubtie ~ hearings or other means, all pertinent data,
testimony, correspondence, findings, evaluations, recommendations, and conditions
related to any application for a shoreline permit.
5 Ord. No. ~ ~ ~ O
o
(Ord.
Accept or reject any recommendation and or condition(s), or portion thereof, or
develop any additional or new condition(s), and thereupon take action to grant or deny
applications for permits with respect to compliance with the Shoreline Management Act
and this Master Program.
Seek remedies for either violations of the Shoreline Management Act and this Master
Program, or for noncompliance with conditions for any approved permit issued by the
City of Port Townsend.
Act as an appeals board to adjudicate grievances brought forth by a person regarding
administrative decisions or interpretations associated with the Shoreline Management
Act and this Master Program.
Consider through ~ public heatings or meetings (Type V hearings/meetings are
further described in Chapter 20.01 PTMC), all pertinent data, testimony,
correspondence, findings, and recommendations related to any proposed adjustments to
this Master Program.
Accept or reject any recommendation or portion thereof and thereupon take action to
adopt or not adopt any proposed adjustments to this Master Program.
§ 2, 1996.)
6.40 APPLICATION
Any person(s) who wishes to conduct substantial development within the geographical
jurisdiction of this Master Program shall apply to the City of Port Townsend through the Port
Townsend '" .....:~- - ~omm,.~ ...... "- -
· -~,~,,,.,~ and ~--" ~"-- BCD Department for a shoreline permit. A ~,,~,~.,,~ pehiiit
..................... ' ....... ~-"b .... '--- ~-~'-- ~--' ' --- -~ .... " ~ k
1111~ [iii
~ Pr~essing of the permit shall be c~rdinat~ with ~y other r~uir~ ~rmits and
be consistent with Chapter 20.01 PTMC.
(Ord.__ ~ 2, 1996.)
6.401 PROCEDURE
The following procedure shall be applied to the processing of shoreline permit applications in
order to assure that review of an application is expedient and equitable:
An applicant must submit a proper and complete application in accordance with WAC
173-14-050 to the,-~',,,,-l; .............. .,.,~-' ,.,~.,,..,,~;'-"- ' BCD Department on forms so designated.
An applicant may need to submit a proper and complete environmental assessment or,
if appropriate, environmental impact statement to the Planning a~ad Bailding BCD
Department on forms or in a format so designated.
Application fees must be paid in accordance with *'{.,lu~ ........ [.~ILiJ, DII~IJ~..A.{.1.1'-{-__, by ,,~,,,,o.,,,..--~' ......
Chapter 20.09 PTMC.
6 Ord. No. ~.%.3~,
10.
(Ord.
Any local, state, or federal agency that may have interest in the proposed project shall
be notified by the ?lani-,ing and Building BCD Department for any comments that
agency or department may have.
After all pertinent data and input has been accumulated, a public hearing before the
~,,~,~..,~ ina~aagcmen~ advisor-y P_laaaillg Commission for any seconda~-y ~,l
u~ .,l.,IJ,,~.auu, m u, v,u,~a,~.~ i-eClUaS~s shoreline permit application shall be scheduled in
accordance with Chapter 20.01 PTMC. , or, iii ul~ case m bi-mim-y ,,~ a},l~,,~,m~,.~, a
~,~,,,,~ ,,~-~,,,~ ,,,.,~ ~,~ ~,~,~.~. Public notice of a public hearing shall be made in
accordance with Subsection 6.402 of this Master Program.
The City Council shall act on applications as outlined under Subsection 6.30 of this
Master Program. The City Council may refer remand the application back to the
Shoreline P_lallaing Commission oh'-the ~'laiiii[iig a~ad Building tgepartmem for further
review.
The ?fanning aiid Building BCD Department shall transmit within eight (8) days final
action taken on an application to the applicant, Washington State Department of
Ecology, Washington State Attorney General's Office, and any person who has
requested notice.
A person who is aggrieved by action taken on an application may appeal the decision in
compliance with Section 9 10 of this Master Program.
~.IG¥~i~IUIJIII~i~IIL UI bUII~HLIL, LIUII Lllll,ll 1,11111.,~ [,JU] LI~I.~t~ IIUIII I. IIG ~.lta[G ~./1 111111~ ~n~tlLll LIIG
u~ ~,m[ uy u,~ ~cVmun~,,[ ua ~u,ugy. CoRst~ctio~ pursuit to a ~rmJt may not
begin until twenty-one (21) days after the ~rmit d~ision is fil~ as defin~ in
RCW 90.58.140(6) or, if ~ ap~ is fil~ within those twenty-one (.21) days, Until all
review pr~ings (.including pr~ings before the shorelines hintings bo~d ~d
judici~ review) are terminate; p~vMed however, that pursuit to RCW 90.58.
if the shorelines hintings bo~d approves the grating of the ~rmit, the ap~llant may
r~uest a hinting to determine whether construction c~ commence within ten (10) days
of the filing of the app~ with the couP. If, at the conclusion of the h~ng, the cou~
finds that the construction pursuant to such a permit would involve a signific~t,
i~eversible dmaging of the environment, the cou~ sh~l prohibit the ~rmitt~ fro~
mmmencing construction until ~1 review pr~ings ~e fin~, as further set foah
RaW 90.58. ~40(S)(b),
Any development, cons~ction, or activity conduct~ pursuit to a shoreline ~rmit
issu~ by the City of Po~ Townsend sh~l be complet~ within any time limits for
completion that ~e im~s~ as a condition of ~rmit approve, or outlin~ under
Subs~fion 6.405 of this Master Program.
__ ~ 2, ~996.)
7 Ord. No. ~ ~ ~
6.402 PUBLIC NOTICE/COMMENT PERIOD
Notice of an application and its pUblic hearing, if a~ay, shall be made as follows:
t r1'11__ 1't,1 ..... : ..... J 'Id' h .... a ...... L _t.._11 ____'kl;_t. 1~___1 ' --* 1------~ .......... 1_
---"~' ...... county .... "--
' Dep ' '--~ ................
~UJ~UIi[ ~lU~i[~ U~li$l~ ~l~lllil
~p.~,[ ~,,~ ~. ,~,,~ .~ posting v~o.~ nohces ~id m~n~n '&,.,,, ~ .......
~--'-'-'- '- ~ .... ~ The ....' ....... "~- -'---~ ' ........~ ....... ' .... ' .......
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~lty. lliK> liU[l%¢U Blittii UK> iiiamU5 alLK>l Lli~3 l~Ct/~[ tJLIUIIL~dLIUil UraLS UI iiUtlg~ Ui ~lJlJllg~UUii tlJiU
(Ord.
Notice. SMP permits require notice as provided in Sections 20.01.150 -. 160 ~osting
and publication) of the Port Townsend Municipal Code. In addition, the Notice of
Application shall be mailed to the latest recorded real property owners as shown by the
records of the county assessor within at least 300 feet of the boundary, of the property
upon which the development is proposed.
Content of SMP Notice. Except as provided in paragraph 3 below, the content of SMP
notices shall be identical to the notice set forth in Sections 20.01.150 -. 160 PTMC.
SMP Comment Period. The public may provide comments for thirty (30) calendar
days after the notice of publication date. As required by RCW 90.58.140, SMP notice
is ten (10) calendar days longer than the comment period for other Type II and Typo.
III permits. A Notice of Application for a shoreline substantial development ~rmit
shall notif.v the public of the thirty (30)-day comment period,
__ § 2, 1996.)
6.403 PERFORMANCE BONDS
To guarantee that conditions imposed in conjunction with permit approval are completed, the
City Council may require the applicant to post a performance bond in an amount satisfactory to
the council. Any such bond shall be from a reputable bonding company in a form acceptable
to the City Attorney.
8 Ord. No. c~ ~ 3
6.404 REVISIONS
When the City of Port Townsend receives an application to revise a shoreline permit
previously granted, the L:~ Planning Commission shall first determine if the desired
modifications are "major and significant." If the modifications are determined as major and
significant, a new and complete application shall be processed in compliance with this section.
If the proposed modifications are determined as not being major and significant, the ~
~,.,,,.~,_,_ Planning Commission shall review and thereafter approve ,,~ ~,..~ recommend
approval or denial of the request for permit revision. When a permittee seeks to revise a
permit, the }'Izu~nlng/did Biiilding BCD Department shall request from the permittee detailed
plans and text describing the proposed changes in the permit.
-, L,,~ ,..,y of Po~ ·,.,,~.~.u ,.,.L~,,,,.,** .,.,[ ,,, A revision may. be avoroved__ if the proposed
changes are within the scope and intent of the original permit, they may approve a revision.
"Within the scope and intent of the original permit" means all of the following:
No additional over-water construction is involved, except that pier, dock, or float
construction may be increased by 500 square feet or 10 percent from the provisions of
the original permit, whichever is less.
Ground area coverage and height of each structure may be increased a maximum of ten
percent from the provisions of the original permit.
Additional separate structures may not exceed a total of 250 square feet.
The revised permit does not exceed height, lot coverage, setback, or any of the
requirements of this Master Program except as authorized under the original permit.
Additional landscaping is consistent with conditions (if any) attached to the original
permit and with this Master Program.
The use authorized pursuant to the original permit is not changed.
No substantial adverse environmental impact will be caused by the proposed revision.
If the sum of the revision and any previously approved revisions violate the provisions
above, the ¢Oiiii~y Or city shall require that the permittee apply for a new permit in the
manner provided in this Master Program. Within eight days of the date of final action
by the city m--eoumy, the revision, including the revised site plan, text, and the final
ruling on consistency with this section, shall be filed with the Washington State
Department of Ecology and Washington State Attorney General. In addition, the
~ ,,,.,.~; o~lu u,.,m,~; BCD Department shall notify parties of record of their action.
If the revision to the original permit involves a conditional use or variance that was
conditioned by the Department of Ecology, the.-'",,m.,.~: ....... ,mu Baildin~ BCD
Department shall submit the revision to the Department of Ecology for their approval,
approval with conditions, or denial. The revision shall indicate that it is being
submitted under the requirement of WAC 173-14-064(5). The Department of Ecology
shall render and transmit to the.-'",o.,.,.g: .....,~,,~-',.,,.,,,~;"--:'-'-'-- BCD Department and the
permittee their final decision within fifteen (.15) days of the date of their receipt of the
9 Ord. No. ~53a¢
(Ord.
submittal from the county or city. The ?fanning and Building BCD Department shall
notify parties of record of the Department of Ecology's final decision. The revised
permit is effective immediately upon final action by the county or city or, in the case of
a conditional use or variance, by the Department of Ecology, in accordance with
WAC 173-14-064.
__ § 2, 1996.)
6.405 EXPIRATION
Criteria for determining when a shoreline permit expires are as follows:
(Ord.
I, aUlIiStltlI.,HUll ~JI ~lllJi~tlidltlO-.l I. JIU~ID~ tUWO. ILi L,UlI3LItI[,,I. IUll Ul ~1 IJIUJC4.,[ i- WIII~II gL
~tllltt ~A~tt~.
uu,~, [u~,,,,,~.~ ~rniks. Construction activities sh~l be commenc~ or, where no
construction activities ~e involve, the um or activity sh~l be commenc~ within two
(2) y~s of the eff~tive date of a subsmtial development ~rmit. However, the
Planing Commission may authorize a single extension for a ~fiod not to exc~ one
(1) y~ based on rmsonable hctors, if a r~uest for extension has b~n fil~ before the
expiration date ~d notice of the pro~sed extension is given to panics of r~ord on the
subsmti~ development permit and to the Dep~ment of ~ology. Any such extension
sh~l be approv~ by the City Council on the consent agenda at a regul~ly sch~ule~
.atcnaxu,~ p~u~ tu u,. *Apnauun uat.. Authofimtion to conduct construction activities
sh~l terminate five (5) y~s after the eff~tive date of a subsmntiM development
~rmit.
y~-i, aid C6fi~hdCtiOii: .............. '--- ] .... e, ............ ,~x ......
llllpIUlllGll~tlUll ~gtU Ul IU~ tll~J tWO [~]
The eff~five date of a subsmti~ development ~rmit sh~l be the date of the last
action r~uir~ on the subsmti~ development pemit ~d ~1 other government ~rmits
~d approvals for the development that authorize the development to pr~, including
~1 administrative ~d leg~ actions on any permits or approvals
~ } 2, 1996.)
10 Ord.
Section 3. SECTION 7: VARIANCES, of the Port Townsend Shoreline Management
Master Program is hereby amended to read as follows:
SECTION 7: VARIANCES
SECTIONS
7.10 General Variances
7.20 Administrative Variances
7.10 GENERAL VARIANCES
Deviation from the design standards contained in this Master Program may be permitted by
variance. Uses which are prohibited within a shoreline environment may not otherwise be
permitted without an amendment to this Master Program. Unclassified uses may be considered
as a conditional use provided prohibited uses shall not be authorized.
Variances from standards contained herein may be permitted where there are extraordinary or
unique circumstances relating to the property such that the strict implementation of the Master
Program would impose unnecessary hardships on the applicant or thwart the purpose and goals
set forth in Section 1 of this Master Program.
7.101 APPLICATION
A variance request shall be submitted in writing to the "' .....'--- and "--"-"--
r,o.,,,,,,~ ~u,~,~,,~ BCD Department
and shall be considered an integral part of the permit application. The request shall include the
variance requested and shall contain a statement of the applicant's justification based on the
applicable review criteria and or findings under Subsection 7.103 below.
(Ord.__ § 3, 1996.)
7.102 PUBLIC HEARING
The Port Townsendo'~L, ,~,,---'-'-~,, ,~- },[anagcmcnt,~,,' ~--'v, ,,,, ..... y Elaaaiag Commission shall
conduct an open record public heating on general variance requests of which notice shall be
made in accordance with requirements set forth in this Master Program. 13g._P_lanaing
Commission's recommendation shall be forwarded to the City Council for a decision of the
variance request as set forth below.
(Ord.__ § 3, 1996.)
7.103 REVIEW
11 Ord.
Variance applications for developments that will be located landward of the ordinary
high water mark and not within areas defined herein as marshes, bogs, or swamps may
be authorized provided the applicant can demonstrate Items 1 through 6 of Subsection
7.104.
Variance applications for developments that will be located either waterward of the
ordinary high water mark or within marshes, bogs, or swamps, as defined in this
Master Program, may be authorized provided the applicant can demonstrate Items 1
through 6 of Subsection 7.104. In addition, the applicant must demonstrate that:
(a) The strict application of the standards set forth in this Master Program precludes
a reasonable permitted use of the property; and
(b) The public rights of navigation and use of the shorelines will not be adversely
affected by the granting of the variance.
7.104 CRITERIA
In reviewing a variance application, the Planning Commission shall make recommendations to
the City Council. At the conclusion of a closed record public hearing, the City Council shall
make the following findings and conclusions:
4.
5.
6.
The hardship, as described in either Item 1 or 2 above, is specifically related to the
property and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of this Master Program and not, for example, from
deed restrictions or the applicant's own actions.
The design of the project will be compatible with other permitted activities in the area
and will not cause adverse effects to adjacent properties or the shoreline environment.
The variance authorized does not constitute a grant of special privilege not enjoyed by
the other properties in the area, and will be the minimum necessary to afford relief.
The public interest will suffer no substantial detrimental effect.
The variance will be in harmony with the general purpose and intent of this Master
Program.
In the granting of all variance applications, consideration shall be given to the
cumulative impact of additional requests for similar actions in the area. For example,
if variances where granted to other developments in the area where similar
circumstances exist, the total of the variances should also remain consistent with the
purpose, goals, and policies of this Master Program and should not produce substantial
adverse effects to the shoreline environment.
In addition to the above criteria, applicants for variances from the public access requirements
of this Master Program shall demonstrate that one or more of the following conditions exist
which cannot otherwise be mitigated:
a. The provision will result in an unacceptable hazard to the public.
12 Ord. No. c~ .D .~ ~
(Ord.
The inherent security requirements of the development preclude access consideration.
The cost of the access amenity is unreasonably disappropriate to the total cost of the
development.
The provision of access will result in unacceptable environmental harm.
A significant and unavoidable conflict with adjacent uses will occur.
__ § 3, 1996.)
7.105 APPROVAL
In order to comply with the Shoreline Management Act, any requests for general variances
will be submitted to the Washington State Department of Ecology for approval, approval with
conditions, or disapproval. The dDepartment ~ shall render and transmit its decision
to the applicant and the City of Port Townsend within thirty (30) days of receipt of the final
action. Construction may not begin until thirty-O~ 13~e, lll.Y:oll~2~ days after the pernlit
decision is filed as further set forth in Section 6.401(9~ above, has -'
-' ........................ '"-~ ' .......... ' '-" ......': .... and "-- ~: ...."~'-- Townse d
(Ord. ~ § 3, 1996.)
7.20 ADMINISTRATIVE VARIANCES
Variances from the administrative procedures portion of this Mastei- ?rograin (Section 6) oi
the residential setbacks section of this Master Program (Subsection 5.160) may be granted by
the City Council I~C.,,D_.J~i2~IIgI upon its finding that the variance is in keeping with the general
intent of this Master Program and the Shoreline Management Act. When granting a variance,
the City Coi/ii¢il ~ may require special conditions, which in its judgment will
substantially secure the administrative procedures or requirements so varied. The BCD
Director's decision may be appealed as a Type II permit decision pursuant to Chapter 20.01
PTMC.
(Ord.__ § 3, 1996.)
Section 4. SECTION 10: APPEALS, of the Port Townsend Shoreline Management
Master Program is hereby amended to read as follows:
SECTION 10: APPEALS
10.10 ADMINISTRATIVE INTERPRETATION APPEALS
Any person --,,,,,,-' ...... ,.~,,,~,~'~ ..... ~ L,,~,,~ -:- self aggrieved by an administrative decision-or interpretation
of this Master Program of by the BCD Director may appeal under the provision and
_orocedures of Chaoter. 20 . lyf PTMC . a~u~.mtvu:-'-" -wm~-:"- "-u,~- onu~ ~m~°' .... ':-- - ~l'/di&g~iiieiit rx~.~ ..... re,ua .,_:_un~
13 Ord. No. ~ ~
10.15 PLANNING COMMISSION APPEAL
Planning Commission recommendations may be appealed by parties of record to the City
Council under the appeal provisions for Type HI permits, as further set forth in PTMC
Sections 20.01.300 and 20.01.310.
(Ord. ~ § 4, 1996.)
10.20 PE,P~MIT APPEALS TO THE SHORELINES HEARINGS BOARD
Any person aggrieved by the granting or denying of a permit on shorelines of the state, or
rescinding a permit pursuant to the Shoreline Management Act as not now or hereafter
amended, may seek review from the Washington State Shorelines Hearings Board by filing a
rexFtest ~tition for the same within thirty-(-30) ~ days of receipt - ~' "- - ~--'
order the date of filing as defined in RCW 90,58.140(6). Conc~iiYently, -with flie Within seven
(7) days of the filing of any request petition for review with the Washington State Shorelines
Hearings Board, as provided in this section pertaining to a final order of a local government,
the rcquestor petitioner shall file serve a-copy copies of ;his request the petition -wifli on the
Washington State Department of Ecology and the office of the Washington State Attorney
General. '~' - ............ -' .............................. ' "--'" ............
Il i; alJpc~tt~ Lu till;> l, liGIJ~l, ltlllUllt Ui gI. LLUXIIiG~ [IGIIiGI~J. tlldt LIIU I~{LIK>SLUI h~t~ ..-1: !
Wltlilil LllilL~ ~.~J~ kJ,q~ ~LiL~i iL~ l~,~i~t LU Lii~ OllUi~iill~ l~l~,~Lllii~ I~U~LIU iUllUWiil~ Wlllt~ll LIIU
IO--lllllU gU ~)U~UII i~U%.,ll L,~ILIII~Cl.U. UII ;~III:U.I IIUt IJI~,A~ItlUID LiII;3 I~LIIG;~LUI IIUIII UUtO, IIIIII[ A ll;;;¥11;3VY Ill
requmtor:. The Department and the Attorney General may intervene to protect the public
interest and ensure that the provisions of the Shoreline Management Act are complied with at
any time within th/rtyO0) fifteen (15) days from the date of the filing of ;lie copies receipt by
the Department or the Attorney General of a copy of the petition for review filed pursuant to
this section ~.
The Department or Attorney General may obtain review of any final order decision granting a
permit, or granting or denying an application for a permit, issued by the City of Port
Townsend by filing a written request petition with the Washington State Shoreline Appeals
~ Board and the appropriate local government within thirty-O~ tme, at.v.:onm(2~ days
14 Ord. No. ~ .~._~>
from the date eft the final crrder decision was filed; as provided under in RCW
90.58.140(6).
(Ord. ~ § 4, 1996.)
Section 5. 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.
Read for the first, second, and third times and passed by the City Council of the City
of Port Townsend, Washington, at a regular meeting thereof, held this 1st day of July, 1996.
Attest:
Juli~tlcCulloch, Mayor
Approved as to Form:
Y
06/27/96 CITY ATTORNEY I Misc{SMP-Revl.doc}