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HomeMy WebLinkAbout2255 Providing Expeditious Adminatrative Process for Minor Variances and Conditional Use PermitsORDINANCE NO. 2255 AN ORDINANCE RELATING TO ZONING, AMENDING CHAP- TER 17.64 OF THE PORT TOWNSEND MUNICIPAL CODE AND ADDING NEW SECTIONS TO PROVIDE FOR EXPEDI- TIOUS ADMINISTRATIVE PROCESSING OF REQUESTS FOR MINOR VARIANCES AND CONDITIONAL USE PERMITS WHENEVER THEIR DEGREE AND EFFECTS ON SURROUNDING PROPERTIES ARE OF SUCH A MINOR EXTENT THAT THE PLANNING AND BUILDING DEPARTMENT MAY DECIDE ON SUCH REQUESTS WITH NOTICE AND A RIGHT TO OBJECT AND APPEAL; TO MAKE CERTAIN TECHNICAL AND CON- FORMING CHANGES; AND AMENDING SECTIONS 17.64.030, 17.64.060, 17.64.090 AND 17.64.110 OF THE PORT TOWNSEND MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DO ORDAIN AS FOLLOWS: Section 1. A new Section 17.08.112 is hereby added to the Port Townsend Municipal Code as follows: 17.08.112 Conditional (special) use, minor. "Minor conditional use" means a condi- tional use which is to be established entirely within an existing building. Section 2. A new Section 17.08. is hereby added to the Port Townsend Municipal Code as follows: 17.08. Director. "Director" shall mean the Planning and Building Director of the City, or his or her designee. Section 3. A new Section 17.08.517 is hereby added to the Port Townsend Municipal Code as follows: 17.08.517 Variance, minor. "Minor variance" means a variance which (1) is to permit expansion of an exist- ing building which would extend no more than ten percent beyond the bulk and dimensional reauirements established in Chapter 17.20; or ORDINANCE 2255 - 1 - (2) is to permit expansion of an exist- ing building which is nonconforming as to setback or lot coverage requirements and the proposed expansion would not further increase the extent or degree of nonconformity of said building or expansion of which no part will extend closer to any abutting property line than does the existing building at its closest existing proximity to said property line. Section 4. Section 17.64.030 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.64.030 Conditional uses. A. The board shall have the authority to grant in particular cases ~ subject to appropriate conditions and safeguards, conditional use permits as authorized by this Title. The application for a conditional use permit shall accom- pany the application for a building permit and/or certificate of occupancy. Only those uses contained in the column of conditional uses, Chapter 17.16, will be considered and only for the zone indi- cated by either an "X" or an "H" opposite the use. The application shall be made to the building official who shall transmit the ap- plication to the planning commission (am~-~e-~Re-~a~) for review and recommendations to the board. Except in the case of a minor conditional use, the board shall consider the matter at a public hearin~ duly called pursuant to Section 17.64.110. Thereafter, the board may grant, condition or deny the conditional use requested. B. Notwithstanding subsection A of this Section, in the case of an application for a minor conditional use, the application shall be transmitted to the Director, who shall review the application in accordance with Section 17.64.065. Section 5. Section 17.64.060 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.64.060 Variances - Conditions governing appli- cations - Procedures. A. The board (ef-a~j,s~mem~) shall have authority to grant a variance from the requirements of this Title (af~e~-eeas~e~iag-~e-ma~e~-a~-a-p~tfe-~ea~f~g-~ty- eatte~-gf¥~mg-me~fee-~e-p~epe~y-ewme~s-as,p~e¥~e~-~e~efa). The board shall first obtain the recommendation of the planning commis- sion and, except in the case of a minor variance as provided in Section 17.64.065, consider the matter at a public hearing duly called pursuant to Section 17.64.110. B. Notwithstanding subsection A of this Section, in the case of an application for a minor variance, the application shall be transmitted to' the Dire6tor, who shall re- view the application in accordance with Section 17.64.065. ORDINANCE 2255 - 2 - C (4). Except as set forth in subsec- tion D of this Section, befo{e any variance can be granted, the board, or the Director in the case of a minor variance, shall make findings of fact and conclusions se6ting forth and showing that the following circumstances exist: (1) In considering all proposed variances to this Title, the board shall, before making any finding in a specified case, first determine that the proposed variance will not amount to a rezone and constitute change in the district boundaries shown on the official zoning map; (2) That special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same district and the literal interpretation of the provisions of this Title would deprive the property owner of the rights commonly enjoyed by other properties similarly situated in the same district under the terms of this Title; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That granting the variance re- quested will not confer a special privilege to subject property that is denied other lands in the same district; (5) That the granting of the vari- ance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; (6) The board of adjustment shall further make a finding that the reasons set forth in the applica- tion justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land; (7) The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare; (8) The fact that property may be utilized more profitably will not be an element of consideration before the board of adjustment. D. In the case of a variance requested for the restoration of a historic building designated as piv6tal, primary or secondary within the City, and~in lieu of the findings ORDINANCE 2255 required by subsection C of this Section, the board~ or the Direc- tor i~ the case of a mi~o~ variance, shall have the authority to grant the ~ariance if a findin~ is made and it is concluded that" the restoration relates to and i~"reasonably necessary to permit the addition or restoration of a previous condition of his~0rical significance to the building, and that gran'~in~ of the variance will not be materially detrzmental to t~e publzc Welfare 'nor injur- ious to the property ~r improvements in the vicinity and' Zone in Which the su~e~t p~operty~is'situated. - E (4~). In granting any variance, the board of adjustment, or the 5irector in the case of a minor vari- ance, may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this Title shall not be viol- ated. Violation of such conditions and safeguards when made part of the terms under which the variance is granted shall be deemed a violation of this Title and punishable under Section 17.68.030, "penalties." F (~). With respect to uses of land, buildings and other structures, this Title is a definition of the public interest by City Council, and the spirit of this Title will not be observed by any variance which permits a use not generally, or by conditional use, permitted in the district involved, or any use expressly or by implication prohibited, by terms of this Title in said district. Section 6. A new Section 17.64.065 is hereby added to the Port Townsend Municipal Code as follows: 17.64.065 Minor variances and minor conditional uses~, procedure. A. The provisions of this Section shall apply in the case of applications for minor variances or minor conditional use permits, as defined in this Title. B. Within ten days of receiving an ap- plication for a minor variance or minor conditional use permit, the Director shall prepare and give notice of an upcoming decision on the application, which notice shall contain the following: (1) The name of the applicant, and if applicable the project name; (2) The street address of the sub- ject property, and a description in non-legal terms sufficient to identify its location; (3) A vicinity map indicating the location of the property; ORDINANCE 2255 - 4 - (4) A brief description of the ac- tion, permit or approval requested in the application; comment period ends; (5) The date on which the public (6) A statement of the right of any person to participate in the decision as provided for in this Sec- tion; (7) A statement that only those persons who participate in the decision as set forth in this Sec- tion may appeal the decision of the Direcotr; and Director deems appropriate. (8) Such other information as the C. The Director shall provide the notice of the upcoming decision on the application at least fifteen calendar days prior to the decision. Notice shall be given as fol- lows: (1) Posting notice of the upcoming decision in a conspicuous place at City Hall; (2) Posting the notice uoon the property in a conspicuous location; (3) Mailing notice of the upcoming decision to each owner of real property within two hundred feet of any boundary of the subject property and of any contiguous property in the applicant's ownership. D. Notice by mail shall be mailed by first class mail, postage fully prepaid, to the persons and at the addresses as shown by the tax rolls maintained by the Jefferson County Treasurer. Proof of mailing shall be by affidavit of the person mailing the same. E. Any person may participate in the decision by submitting written comments on the application to the Director prior to the date on which the deciSion is to be made. F. Within ten days following receipt of all comments and the gathering of all information available to the Director pertaining to the application, the Director shall either approve, approve with modifications or conditions, or deny the application. The decision of the Director shall set forth the findings of fact and the sources of information on which the facts are based; conclusions; its decision; and any conditions or modifi- cations if appropriate. The decision shall be in writing. To ap- prove the application, the Director must find that the application meets the criteria for a variance or conditional use permit as set forth in this Chapter. ORDINANCE 2255 - 5 - G. If the Director makes a modifica- tion which results in a proposal not reasonably foreseeable from the description of the proposal contained in the original public notice provided by subsection B, then the Director shall provide a new notice of an upcoming decision and obtain public comment prior to making a decision. H. The decision of the Director shall also include, in writing, a statement of the right of any person who participated in the decision as provided in this Section to ap- peal the decision of the Director as hereinafter provided. I. Within five days of the date of the decision, the Director shall mail or cause to be mailed the deci- sion, bearing the date it is mailed, to each person who partici- pated in the decision as set forth in this Section and to the ap- plicant. J. Subject to the right of appeal as hereinafter set forth, the decision of the Director on the applica- tion is the final decision of the City. K. The applicant or any person who participated in the decision pursuant to this Section may appeal the 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 deci- sion; 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 of $100.00. Any such appeal must be filed with the planning and building department no later than twenty calendar days following the date on which the decision of the Director was mailed or otherwise became effective. L. The planning and building depart- ment shall transmit the statement of appeal to the board of adjust- ment, which shall by Resolution 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 ten days prior to the date of hear- ing. The notice shall be mailed and proof of the same shall be made in accordance with subsection D of this Section. M. After hearing, the board shall con- sider the record of the decision of the Director, together with any and all information relied upon by the Director in making its deci- sion. The board shall also consider testimony at the hearing and any other written submissions submitted at or prior to the appeal hearing. Following the hearing, the board shall make its decision either affirming, reversing, or modifying the decion of the Direc- ORDINANCE 2255 tor. If a decision is affirmed or modified, the decision shall represent the final decision of the City, which may thereafter be further appealed or reviewed as otherwise set forth in this Title. If the decision is reversed, it may be remanded to the Director for further review or action consistent with the board's decision, or the board may make its own findings of fact, conclusions and deci- sion. N. Notwithstanding the provisions of this Section for the review of minor variances and minor condi- tional use permits by the Director, the Director may, in its dis- cretion, elect not to review the application pursuant to this Sec- tion and may notify the applicant in writing of its election not to do so, in which case the application shall be transmitted to the planning commission of the City and reviewed in the same manner as any other variance or conditional use permit application. Notice of the decision of the~Director to do so shall be mailed to the applicant~within sevent days after filing of the'application. The decision of the Director hereunder not to review the application pursuant to this Section shall be final and not subject to appeal. O. In the event the Director fails to comply with the time requirements herein, the City Council by mo- tion may cause the application to be forwarded to the board, which may then complete the administrative process. Section 7. Section 17.64.090 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.64.090 Application and Appeals - Procedures. A. Except as set forth in Section 17.- 64.065, ~applications for conditional use permits6,~ or vari- ances, (e~Y and any appeal(~s-) from the ruling of the 5-~ilding spee~) official ~oncerning the provisions herein contained shall be made to the board. Any appeal shall be in writing and filed with the City planning and building department within thirty days of the decisio~ of the building ~fficial. B (-A-). (A{-teas{-{en-~ays-befe~e) Prior to the date of the hearing on the appeal or application be- fore the board, the secretary of the board shall transmit to the planning commission a copy of the application or appeal, together with a copy of the notice of the aforesaid hearing, and shall re- quest that the planning commission shall submit to the board its advisory opinion of said application or appeal, and the planning commission shall submit recommendations prior to the date of hear- ing or meeting of the board. Section 8. If any term or provision of this Ordinance, or any part hereof, is held to be invalid by a Court of competent juris- ORDINANCE 2255 diction, then the remainder of this Ordinance or of such part thereof not affected by such ruling shall remain in full force and effect. Section 9. 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 signed by the Mayor this day of August, 1991. Hayor Brent Sh±rley ~ Passed by the City Council: Signed by the Mayor: Published: Effective date: fJ~2.7 , 1991 1991 1991 , 1991 ORDINANCE 2255