HomeMy WebLinkAbout4567 ORDINANCE NO.
AN ORDINANCE adopting the revised ADMINISTRATION section
of Chapter 21.02 of the Bremerton Municipal Code.
WHEREAS, major revisions to Bremerton's Official Zoning Ordinance were adopted in
November 1988; and
WHEREAS, ESHB 1724, the Regulatory Reform Act, mandated a number of changes
to the City's land use and development permitting process, including a 120-day time limit on
some permit approvals, new notification requirements, integration of SEPA and site plan review,
limitations on the numbers and types of public hearings, and others; and
WHEREAS, the City of Bremerton passed Interim Ordinance No. 4550 to meet the
State's April 1, 1996 compliance deadline, and extended the interim ordinance by passage of
Ordinance No. 4564 on August 14, 1996; and
WHEREAS, the Bremerton Planning Commission has reviewed the requirements of
ESHB 1724 and the Administration section of BMC Chapter 21.02 and, following several study
sessions and a special meeting on August 13, 1996, recommended City Council adoption of the
revised Administration section; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Repeal/New Sections. Sections 21.02.850 through 21.02.945 of the
Bremerton Municipal Code are hereby repealed and the following new sections are adopted to
read as set forth in Exhibit "A", attached hereto.
21.02.850 Type I Administrative Decisions
21.02.855 Type II Administrative Decisions
21.02.860 Type III City Council Decisions
21.02.865 Type IV Legislative Decisions
21.02.870 Shoreline Decisions
21.02.875 Planned Actions
21.02.880 General Processing Procedures
21.02.885 Project Permit Application
21.02.890 Public Hearings
21.02.895 Decisions
21.02.900 Time Limits on Decisions
21.02.905 Notice
21.02.910 Development Agreements
21.02.915 Special Use Permit
21.02.920 Variance
21.02.925 Special Exception
21.02.930 Rezone
21.02.935 Development Regulation Amendment
21.02.940 Site Plan Review
21.02.945 Appeal
Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage
and publication.
APPROVED by the City Council of the City of Bremerton this o~ a°:d-~'_~ day of
t~--~zx ~z~_ a'~, , 1996.
PASSED by the City Council of the City of Bremerton this ~ day of
' a~Le_~.,~J,e,~, 1996.
,,,oO"I-I~ F~AW, Council President
APPROVED this ~- day of ~ ,1996.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
Effective Date:
Publication Date:
Ordinance No:
ZO-COD:ZO-ADMIN.ORD
Chapter 21.02
BREMERTON DEVELOPMENT CODE
ADMINISTRATION
Page
21.02.850 Type I Admimstrative Decisions 2
21.02.855 Type II Administrative Decisions with Notice 2
21.02.860 Type III City Council Decisions 3
21.02.865 Type IV Legislative Decisions 4
21.02.870 Shoreline Decisions 4
* Permit Processing (table) 6
21.02.875 Planned Actions 7
21.02.880 General Processing Procedures 7
(a) Determination of Proper Procedure 7
(b) Optional Consolidated Permit Process 8
(e) Pre-application Conference 8
(d) Official File 8
(e) Technical Review 8
(f) Determination of Completeness 8
(g) Incomplete Application 9
(h) Notice of Application 9
(I) Public Meeting 9
(j) Notice of Public Hearing 10
(k) Notice of Decision 10
21.02.885 Project Permit Application 10
21.02.890 Public Hearings 11
21.02.895 Decisions 12
21.02.900 Time Limits on Decisions 13
21.02.905 Notice 14
(a) Determination of Completeness 14
(b) Notice of Application 14
* Contents of Notice of Application (table) 15
(c) Notice of Appeal 16
(d) Notice of Public Hearing 16
(e) Notice of Decision 16
(f) Notice of Final Decision 17
(g) Optional Public Notice 17
* Notice Requirements Table 18
21.02.910 Development Agreements 20
21.02.915 Special Use Permit 21
21.02.920 Variance 22
21.02.925 Special Exception 23
21.02.930 Rezone 24
21.02.935 Development Regulation Amendment 25
21.02.940 Site Plan Review 26
21.02.945 Appeal 29
ADMINISTRATION: Page 1
21.02.850 TYPE I---ADMINISTRATIVE DECISIONS
(a) Actions: The following permits and approvals involve direct application of adopted
codes and standards with many of the decisions made immediately at the customer
counter. The decisions are administrative and public notice is not required. An asterisk
(*) denotes permits and approvals that are excluded from the 120-day processing and
notification requirements of this section.
(1) Building and sign permits.*
(2) Home occupation.*
(3) Land uses permitted outright.
(4) Structures permitted oulright.
(5) Boundary line adjustment.*
(6) Minor amendment to approved PUD.
(7) Minor amendments to other permits.
(8) Temporary emergency wetland or stream permits.*
(9) SEPA exempt:*
-- Clearing less than 2 acres.
-- Grading less than 100 cu. yds.
(10) Landscape plan.
(11) Site Plan Review.
(12) Recreational vehicle 90-day permit.*
(b) Final decision: The Director's decision shall be final when issued for purposes of
appeal.
(c) Appeal: Type I decisions may be appealed to the Planning Commission within fourteen
(14) calendar days from the date of the decision. The Commission will conduct an open
record appeal hearing.
21.02.855 TYPE II --- ADMINISTRATIVE DECISIONS WITH NOTICE
(a) Actions: The following permits and approvals require limited public notice. Pre-
decision comments are encouraged and the Director may approve, approve with
conditions, or deny the request.
(1) Short Subdivision (short plat)
(2) SEPA Determination.
(3) Wetland or stream assessment.
(4) Wetland or stream development permit.
(5) Variance.
(6) Administrative Special Use Permit.
(7) Zoning Ord. Special Exception.
(8) Design Review. (exempt from 120 day processing requirement)
(9) Plan or Code Interpretation.
(10) Minor alteration of approved plat.
ADMINISTRATION: Page 2
(b) Decision format: The decision shall be in a written format that clearly indicates the
findings of fact, evaluation of approval criteria, conclusions, the decision, any conditions
of approval, and any maps, designs, site plans, or other related graphic materials.
(c) Final Decision: The Director's decision (or SEPA Official's decision in the case of a
SEPA-related action) is final when issued, for purposes of appeal.
(d) Appeal: Type II decisions may be appealed to the City Council within fourteen (14)
calendar days from the date of decision. The City Council will conduct an open record
appeal hearing.
21.02.860 TYPE III --- CITY COUNCIL DECISIONS
(a) Actions: The following actions may be approved, approved with conditions, denied, or
remanded by the City Council following an open record pre-decision public heating, unless
noted otherwise. Public notice is required for Type III actions. Recommendations will be
provided by the Planning Commission following a public meeting. Staff'may conduct
additional neighborhood meetings when required or when otherwise warranted by the
Director for public information or data gathering purposes. An asterisk (~) denotes
actions that are exempt from the 120-day permit processing requirement.
(1) Preliminary Subdivision Plat.
(2) Final Subdivision Plat.
(3) Vacation of existing subdivision.
(4) Vacation of street fight-of-way. *
(5) Surplus or sale of other public property. *
(6) Planned Unit Development (PUD).
(7) Major amendment to a previously approved Type III decision.
(8) Binding Site Plan.
(9) Non-administrative Special Use Permit.
(10) Rezone for specific properties or small area.
(11 ) Development Agreement. *
(b) Decision Format: Type III decisions shall be made by resolution, ordinance, or other
form appropriate to that particular decision and suitable for recording.
(c) Final Decision: Type III decisions are made by the City Council and are final when
issued for purposes of appeal.
(d) Appeal: Type III decisions may be appealed to Superior Court within the fourteen (14)
day appeal period, or on the effective date of the ordinance, whichever is longer.
ADMINISTRATION: Page 3
21.02.865 TYPE IV --- LEGISLATIVE DECISIONS
(a) Actions: The City Council may approve, modify, or deny the following legislative
decisions following an open pre-decision public hearing. These decisions are exempt
from the 120-day processing and single open record hearing rules and most will be
considered by the Planning Commission in open public hearing prior to making its
recommendation to the City Council. Public notice is required.
(1) Annexation.
(2) Urban Renewal Plan.
(3) District, community, neighborhood, or other special area plan.
(4) Comprehensive Plan Amendment.
(5) Development regulation adoption or amendment.
(6) Zoning Map Amendment (other than single lot or small area rezones).
(b) Decision Format: Type IV decisions shall be made by ordinance.
(c) Final Decision: Type IV decisions are made by the City Council following its open
record public hearing and are final when issued, for purposes of appeal.
(c) Appeal: Type IV decisions may be appealed to Superior Court within the fourteen (14)
day appeal period, or on the effective date of the ordinance, whichever is longer.
21.02.870 SHORELINE DECISIONS
(a) Actions: The following are subject to the requirements of Bremerton's Shoreline
Master Program but shall be decided within 120 days. Recommendations and heatings
shall be conducted as described in the "Permit Processing" table that follows.
(1) Shoreline Substantial Development Permit
(2) Shoreline Conditional Use Permit
(3) Shoreline Variance
(4) Shoreline Permit Revisions
(5) Shoreline Master Program Amendments
(b) Decision Format: Completion of a prepared form or statement of findings, conclusions
and the decision of the approving body. Adoption of and amendments to the Shoreline
Master Program shall be made by ordinance.
(c) Final Decisions:
(1) Substantial Development Permits and amendments to existing permits are
decided administratively, in the same manner as other Type II permits.
ADMINISTRATION: Page 4
(2) Conditional Use Permits and Variances are decided by the Planning Commission
and may be approved, rejected, or modified by the Department of Ecology. A
neighborhood meeting or study session is optional.
(3) All Shoreline Permit decisions must be submitted simultaneously to the applicant,
the Department of Ecology (DOE), and to the attorney general. DOE may
approve or disapprove the permit.
(4) Shoreline Master Program Amendments are decided by the City Council and
may be approved, rejected, or modified by the Department of Ecology.
(d) Appeals: An appeal of a local shoreline permit decision may be filed with the City
Council first, with a second appeal to the Shorelines Heatings Board (SHB), or may be
filed directly with the SHB.
(1) Decisions on Substantial Development Permits, Variances and Conditional Use
Permits may be appealed to the City Council within fourteen (14) days of the date
of the decision, and considered in an open record appeal hearing, or
(2) Those decisions listed in (d)(1) above or City Council decisions on appeals of
earlier decisions, may be appealed to the Shorelines Heatings Board by filing a
Petition for Review within twenty-one (21) days of the date of the Department of
Ecology's review and decision.
(3) The decision of the Department of Ecology pertaining to the adoption of, or
amendment to, the Shoreline Master Program may be appealed to the Central
Puget Sound Growth Management Hearings Board per RCW 36.70A.250 through
320.
(4) Appeals to the City Council shall be decided within thirty days of the filing date.
Appeals to the Shoreline Hearings Board will be decided within 180 days.
ADMINISTRATION: Page 5
PERMIT PROCESSING
Plan. Comm. Plan. Comm. Plan. Comm. City Council
DECISIONS Admin. Admin Public Open Open Open
Recommend Decision Meeting Hearing Hearing Hearing
Recommend Recommend Decision Decision
Type I Decisons $ $ (on appeal)
Type H Decisions
>- Short Subdivision $ $ (on appeal)
>- Variance ~ ~ (on appeal)
:~ Admin. SUP ~ ~ (on appeal)
~- Z.O. Spec. Exception $ ~ (on appeal)
~ Minor Plat Amend. $ $ (on appeal)
~- SEPA Determination $ $ (on appeal)
>- Env. Area Determin. ~ $ (on appeal)
>- Design Review $ ~ (on appeal)
>- Interpretation ~ ~ (on appeal)
Type llI Decisions
>- Prelim. Subdiv. Plat
>- Final Subdiv. Plat
>- Vacation of Subdiv.
>- Planned Unit Dev.
~- PUD Major Amend.
>- Binding Site Plan
~ Non-admin. SUP
>- Rezone
>- Develop. Agreement
Type IV Decisions
>- Annexation
>- Urban Renewal Plan
~- Dist./Neigh. Plan
> Comp. Plan Amend.
>- Dev. Reg. Adopt.
>- Dev. Reg. Amend.
Shoreline Decisions
~- Sub. Dev. Permit ..... $ .......... $ (on appeal)
>- Cond. Use Permit $ .......... $ $ (on appeal)
~- Variance $ .......... $ $ (on appeal)
~- Permit Revision ..... $ .......... $ (on appeal)
>- Master Program
Amendment
(legislative)
ADMINISTRATION: Page 6
21.02.875 PLANNED ACTIONS
(a) A Planned Action does not require a threshold determination nor the preparation of an
environmental impact statement under State Environmental Policy Act (SEPA). However, an
environmental checklist may be requested as part of the initial application to help disclose,
review and mitigate environmental impacts through the Site Plan Review process.
(b) To qualify as a "Planned Action", a project action must:
(1) Be a clearly designated or proposed action within a plan, ordinance or resolution that
was adopted by the City, and be consistent with the Comprehensive Plan;
(2) Have had any significant impacts adequately addressed in an environmental impact
statement prepared in conjunction with the City's Comprehensive Plan or related
neighborhood, subarea, urban renewal, or other special area plan;
(3) Be a subsequent or implementing project for proposals contained in the
Comprehensive Plan or related plans;
(4) Be located within the City limits or Urban Growth Area; and
(5) Not be an essential public facility, as defined in RCW 36.70A. 200.
(c) Planned actions may be limited to certain types of development, to specific geographical
areas of the City, and/or to a time period identified in the EIS, plan, ordinance or resolution
that designated the planned action.
(d) Project review ora planned action shall not address its appropriateness nor question the basis
of its proposal in a comprehensive plan or other adopted document. Project review shall be
used to identify specific project design and conditions relating to the character of
development, such as the details of site plans, related public facilities and services, payment of
impact or other fees, or other measures that may be needed to mitigate probable adverse
environmental impacts.
21.02.880 GENERAL PROCESSING PROCEDURES
(a) Determination of proper procedure:
(1) The Director or his/her designee shall determine the proper procedure for the
processing of each development application.
(2) Disputes shall be resolved in favor of the higher category of decision (Type I-IV).
ADMINISTRATION: Page 7
(3) A permit or approval involving the siting or development of important public facilities
or utilities, or related to the use of public areas or facilities for public purposes, may
be excluded from the 120-day permit process by passage of a resolution that presents
the special circumstances that warrant a different process.
(b) Optional Consolidated Permit Process: An application that involves two or more
permits or procedures may be processed one of two ways, at the option of the applicant:
(1) Individually according to the established process for each permit or approval; or
(2) Collectively under the highest category of decision (Type I-IV) required for any part
of the application. This Consolidated Review process may combine an open record
pre-decision hearing on one or more permits with an open record appeal hearing on
other permits.
(c) Pre-application Conference: With the exception of Type I approvals, a conference with
DCD staff to preview proposals and explain the application requirements and procedures
prior to submitting an application is required. Anyone choosing the Consolidated Permit
Process must also begin with a pre-application conference.
(d) Official File: The Department shall establish an official file containing all applications,
correspondence, and other materials related to the application(s). The file is a public record
and available for inspection at DCD during normal working hours.
(e) Technical Review:
(1) Most Type II, III, and IV applications will be distributed to other City departments,
agencies, and interested organizations for their review and comment during a
specified comment period of 14 days. The comment period may be as long as 30
days if necessary for the review of unique or complex applications.
(2) The review shall include both land use and environmental impact analysis so that the
governmental and public reviews will run concurrently. An appeal of a SEPA
determination, other than a Declaration of Significance (DS), will be heard at the
open record pre-decision public hearing.
(3) The technical review shall determine consistency of the project with applicable plans
and regulations in at least these four areas: (1) the type of land use allowed; (2) the
level (density or intensity) of development allowed; (3) the adequacy of needed
infrastructure; and (4) the character of the proposed development, as determined by
its compliance with specific development standards and/or guidelines.
(f) Determination of Completeness: Within twenty-eight (28) days of acceptance of a
project permit application, the City shall mail or personally provide a written notice of
completeness to the applicant which states that the application is complete or incomplete.
ADMINISTRATION: Page 8
(1) A complete application will meet the basic submission requirements and include other
application requirements contained in this chapter and any data determined to be
reasonably necessary by the Director or through the pre-application conference.
(2) An application shall be deemed complete if the City does not provide a written
determination within 28 days of submittal.
(3) The Determination of Completeness shall not preclude the City from requesting
additional information or studies that may be required later, or resulting from changes
to the proposal.
(g) Incomplete Application:
(1) The Determination of Completeness shall provide 90 days for the applicant to submit
the information necessary to make an application complete.
(2) If the applicant does not provide the necessary information within 90 days, or refuses
in writing to do so, the application shall lapse and may not be resubmitted for one full
year.
(3) If the application has lapsed for any reason prior to becoming a complete application,
the application fees unrelated to the technical review and Determination of
Completeness shall be refunded, if requested by the applicant.
(h) Notice of Application: This notice shall be issued for Type II and III project permit
applications, within 14 days of the Determination of Completeness. It is not required for
Type I or IV applications, nor for other exempt project permits. (See Section 21.02.905(b)
Notice.)
(i) Public Meeting: If not specifically required for a particular permit, the Director may
initiate a public meeting to be conducted by City staff, the Planning Commission,
neighborhood organization, or other appropriate body.
(a) Purpose: To explain the proposal, discuss its characteristics and alternatives, and
receive questions and comments from citizens or other interested parties.
(b) Informal Meeting: The meeting may be held in the Council Chambers of City Hall
or in any other suitable location and shall be conducted informally. It may be referred
to as a study session, neighborhood meeting, or other public meeting, but shall not be
conducted as a formal public hearing. If not a requirement of the body conducting the
meeting, the meeting need not be recorded electronically. Written minutes or a
meeting summary shall be produced and made part of the record.
(c) Notice: Shall be posted in accordance with Section 21.02.905(b)(3).
ADMINISTRATION: Page 9
(j) Public Comment Period:
(1) A comment period of at least fourteen (14) days but not longer than thirty (30) days
shall follow the Notice of Application and be specified in that Notice, except that a
twenty (20) day comment period shall be provided for Shoreline permits.
(2) The City may accept written comments at any time prior to the close of the open
record pre-decision hearing, or prior to the decision on the project permit if no
hearing is required.
(k) Notice of Public Hearing: Notice for all applications that require a public heating and all
appeals that will be heard in an open record hearing shall be given public notice at least ten
(10) days prior to the date of hearing, as provided in Section 21.02.905(d).
(1) Notice of Decision:
(1) A written Notice of Decision shall be issued within ten (10) days of any Type II
decision and any shoreline permit decision, and will be followed by an appeal period
of fourteen (14) days.
(2) The Notice of Final Decision follows all local appeals and City Council decisions. It
shall be issued following all Type III and IV decisions and at the conclusion of all
local appeals of Type II decisions and shoreline permit decisions. This notice must
be issued within 120 days, as adjusted, following the Determination of Completeness.
21.02.885 PROJECT PERMIT APPLICATION
(a) Basic Information: The following information shall be provided for all development-
related applications, unless found by the Director to be unnecessary for the particular
application:
(1) Completed application form for the permit(s) requested.
(2) Legal description for the subject property. (Assessor's plat map and the parcel's
account number may be adequate in most cases.)
(3) Vicinity Map showing the location of the subject property and including surrounding
major streets, shorelines and other reference points.
(4) A Site Plan of the subject property if any physical changes will result from approval of
the request.
ADMINISTRATION: Page 10
(5) Mailing labels with names and addresses of all owners of record of parcels within the
notification radius for the type of permit requested (not required for Type I). At the
applicant's option, DCD staffwill provide this service for an additional fee.
(6) The names, addresses, and phone numbers of the applicant and all owners of the
subject property, along with a signed letter or other verification of the owner(s)
consent to the application.
(7) An Environmental Checklist, Environmental Impact Statement, wetlands or stream
delineation, or other necessary environmental documentation.
(8) Any additional information that may be specifically required for the permit being
considered or that has been determined by the Director as reasonably necessary for a
decision on the application(s). A survey may be required to resolve questions
pertaining to property lines, locations of structures, etc.
(9) The application fee(s) for the permit(s) requested.
21.02.890 PUBLIC HEARINGS
(a) Definitions:
(1) Open Record Public Hearing: Permits that require a pre-decision public hearing
shall be heard by the designated heatings body. The hearing shall afford everyone
present the opportunity to comment on the proposal prior to the decison.
(2) Public Meeting: City staff or the Planning Commission may conduct meetings to
explain proposals and/or gather information and comments from the residents of
specific areas or neighborhoods on either quasi-judicial or legislative proposals and
plans. Informal public participation shall be encouraged and documented. The
information gathered shall be used to formulate a recommendation to the decision-
making body but shall not be the record upon which the decision is made for a project
permit.
(3) Study Session: The Planning Commission or City Council may conduct study
sessions to discuss procedures, plan details, development proposal alternatives, or
other matters that demand staff' clarification or study. A study session is not a permit
requirement but is often followed by a public heating or other required action.
Although a study session is an open meeting, it is not a public hearing where public
comment is taken.
(b) Pre-decision and appeal open record public hearings shall be conducted by the City Council in
accordance with its rules for public hearings and appeals.
ADMINISTRATION: Page 11
(c) In hearing matters, including appeals, that require application of law and determination of
facts which predominantly affect particular parties rather than the public generally, or a class
or group, the hearing body sits as a quasi-judicial body and will conduct the hearing in
accordance with established rules for such hearings.
(d) An open record public hearing is intended to supplement other materials and complete the
record on the application. Testimony will be accepted from the public, evidence and
arguments will be heard, and new material will be entered into the record.
(e) Type IV decisions are legislative, not quasi-judicial, and exempt from the 120-day processing
requirement and the limitation on the number of open record hearings. They may include
open record hearings before both Planning Commission and City Council.
(f) When two or more public agencies must conduct public hearings on an application, the
hearings shall be combined and held within the local jurisdiction whenever possible.
(g) Staff Support: The Director shall:
(1) Schedule an application for public hearing when required.
(2) Provide the required public notice.
(3) Provide a single Staff Report stating all of the decisions made as of the date of the
report, including recommendations on project permits in the consolidated permit
process that do not require an open record pre-decision hearing. The report shall
describe the alternatives that were considered, forward testimony and comments that
were given, evaluate the approval criteria, and state any mitigation required or
proposed under the development regulations or the City's authority under SEPA. If
the threshold determination, other than a determination of significance (DS), has not
been issued previously, the report shall include or append this determination. The
staff report may function as the permit for a Type I or II administrative decision.
(4) Provide the required Notice of Decision.
21.02.895 DECISIONS
(a) Burden of Proof: The applicant has the responsibility of providing all maps, materials, and
other documentation required for the processing of the application and demonstrating that the
project or request meets the City's regulations and approval criteria.
(b) Decision Hierarchy: Decisions on applications of different types that are being processed
under the optional consolidated permit process shall be made together by the highest decision
ADMINISTRATION: Page 12
maker or decision-making body.
(c) Permit Decision: The decision on a permit application shall be to approve, conditionally
approve, or deny the application.
(d) Appeal Decision: The decision on an appeal shall be to affirm, reverse or remand the
decision that is being appealed.
(e) Decision goes with the Land: Approval of any development application applies only to
the specific property for which it was approved. It does not go with the owner or applicant
and may not be transferred to any other property or structure.
(f) General Findings: In addition to findings addressing the approval criteria for a specific
permit, all proposals must meet the following tests to be approved or recommended for
approval:
(1) The proposal is consistent with the Comprehensive Plan and other adopted plans.
(2) The propoal conforms to all applicable City development regulations, minimum
standards, and design guidelines.
21.02.900 TIME LIMITS ON DECISIONS
(a) Final Decisions on all Type I, II, and III decisions shall be made within 120 days of the City's
acceptance of a complete application. (Issuance of a Determination of Completeness is not
necessary for Type I applications.)
(b) The 120-day clock shall stop during the following periods:
(1) A period during which the applicant has been requested to correct plans, perform
required studies, or provide additional information. The clock stops at the time the
applicant is notified of the requests and resumes when the request has been satisfied,
per Section 21.02.880(0.
(2) Any period during which an Environmental Impact Statement is being prepared
following a Determination of Significance. The applicant and City shall agree in
writing to a time period for completion of the EIS.
(3) Any period required to process an administrative appeal of a project permit. The
clock may stop for a period of up to ninety (90) days for an open record appeal
hearing and up to sixty (60) days for a closed record appeal. This period begins on
the filing date of the appeal and ends on the date of the Notice of Decision. The
parties may agree to an extension of the appeal period.
ADMINISTRATION: Page 13
(4) Any other extension of time mutually agreed upon by the City and applicant.
(c) Time limits do not apply ifa project permit application:
(1) Requires an amendment to the Comprehensive Plan or a development regulation.
(2) Requires approval of a Fully Contained Community, a Master Planned Resort, or the
siting of an essential public facility.
(3) Is substantially revised by the applicant. The clock begins when a new Letter of
Completeness is issued.
(d) If the City is unable to comply with any of the time limits provided herein, it shall provide
written notice to the applicant (or appellant), along with a statement of reasons why the time
limits could not be met and an estimated date for the anticipated action.
(e) A Type I or II approval shall become void if not acted upon within one year unless stated
otherwise at the time of approval or within a related development agreement. A six-month
extension may be granted by the Director if requested in writing prior to the expiration date.
(f) An applicant may not submit an application that is substantially the same as an application
that was denied until at least one full year has passed since the denial.
21.02.905 NOTICE
Requirements for notices for different types of permits and approvals is shown in the Notice
Requirements table.
(a) Determination of Completeness: Provided by regular mail to applicant only. This notice
triggers the 120-day permit approval clock.
(b) Notice of Application: Shall be provided as follows:
(1) Timing: Notice shall be given within fourteen (14) days following the issuance of
the Determination of Completeness and at least fifteen (15) days prior to a scheduled
open record pre-decision public hearing.
(2) Distribute: Notice shall be given to affected City departments and mailed to
agencies with jurisdiction or that may be significantly impacted. The Secretary of
Transportation shall be notified of preliminary subdivision plats when adjacent to the
right-of-way of any State highway or within two miles of the boundary of a state or
municipal airport. The secretary must respond within fifteen days.
ADMINISTRATION: Page 14
(3) Post: Notice shall be posted in at least one location on or adjacent to the subject
property and clearly visible and legible from an adjacent street or public area.
(4) Publish: A summary of the Notice of Application shall be published in the City's
official newspaper of general circulation. If the notice includes a Notice of Public
Heating, it shall include the requirements for that notice as well.
(5) Notice Contents: The table entitled "Contents of Notice of Application"
describes the minimum contems of the notice:
CONTENTS OF
NOTICE OF APPLICATION
DISTRIBUTE I POST
Date of initial application. ~
Date of the Letter of Completeness 1~
Date of the Notice of Application :~
Descrpfion of the proposed project and its location :~ :~
(include map when appropriate)
List of all permits/approvals that are part of the ~ ~:
application package
Identification of other permits needed, if any, not :~
included in the application
Identification and location of any known related ~
environmental documents
Time limitations for the public comment period and
statement of the right of any person to submit comments ~ :~
or to request notification of the decision
Statement of the public's fight to participate in public :~ ~
meetings and hearings, when scheduled
Statement of any appeal rights :~ :~
Date, time and place of any scheduled public meeting or :~ :~
hearing
SEPA threshold determination and sex)ping notice in the ~ ~:
case of a Determination of Significance (DS)
Name and phone number of staff contact person. ~ ~:
ADMINISTRATION: Page 15
(c) Notice of Appeal: Shall follow the same procedure as the Notice of Application, except
the issues of the appeal will be presented rather than the details of the application.
(d) Notice of Public Hearing:
(1) Timing: Notice shall be given at least ten (10) days prior to any pre-decision or
appeal public heating.
(2) Distribute: If a hearing notice was not included in the Notice of Application, a
Notice of Public Hearing for a legislative approval shall be mailed to outside agencies
with jurisdiction and to anyone who has requested notice. Notices of quasi-judicial
hearings shall be distributed to the owners of record of all parcels within a radius of
three hundred (300) feet of the subject parcel and also to affected agencies and
anyone who has requested notice.
(3) Post: Notice for a quasi-judicial hearing shall be posted in at least one location on
or adjacent to the subject property and dearly visible and legible from an adjacent
street or public area. Posting is not required if the hearing notice was included earlier
in the posted Notice of Application.
(4) Publish: Notice shall be published in the City's official newspaper of general
circulation
(5) Notice Contents: The Notice of Public Hearing shall include at least the following,
as applicable:
a. Name of the applicant/appellant or representative.
b. Location of the site (vicinity description, address or legal description).
c. Nature of the proposed use or development and requested permits.
d. Nature of the appeal and relief sought (in the case of an appeal).
e. Date, time and place of the scheduled public hearing.
f. Statement that all interested persons may appear and provide testimony.
g. Instructions for submittal of written comments or other exhibits.
h. Where and when staff'report and related materials are available for review.
i. How copies of related materials may be obtained.
j. Name and phone number of a staff, contact person.
(e) Notice of Decision:
(1) Timing: Shall be issued within ten (10) days of most Type II decisions and all
shoreline permit decisions.
ADMINISTRATION: Page 16
(2) Distribute: Shall be provided to the applicant or appellant and to any person who,
prior to the rendering of the decision, requested notice of the decision or submitted
substantive oral or written comments on the application or appeal.
(3) Post: Not required.
(4) Publish: Notice shall be published one time in the City's official newspaper of
general circulation. (Shoreline permits may require additional notice.)
(5) Notice Contents: The Notice may be a copy of the report or decision on the
project permit application and shall include, when available, the SEPA threshold
determination, the permit decision, conditions of approval, and general procedures
and time limits to file an appeal.
(f) Notice of Final Decision: Must be issued within 120 days following the Determination of
Completeness, and providing for adjustments per Section 21.02.905(b). The same
procedures as required for the Notice of Decision shall be followed, except that this notice is
only issued following a Type III or IV decision and at the conclusion of all local appeals ora
Type I or II decision or a shoreline permit decision.
(g) Optional Public Notice: In addition to required public notice, the City may provide public
notice of applications, meetings, hearings or decisions to other individuals or organizations
known to be interested or possibly affected by the subject proposal. Failure to provide
optional notice shall have no effect on the validity of the permitting process or the ultimate
decision on an application.
ADMINISTRATION: Page 17
8I o~rd :NOI~LVX&LSINIIAKI~
soX oN oN soX oN s~]~ $u~tm~.~¥ 'doloAOG ~
sox ON ON sox sox sox ouozoH ~
sox ON ON sox sox sox ~S '~-UON ~
soA ON ON soA soA soA ~Id ~]S ~P~H ~
soA ON ON soX soA soX 'puo~ ~o[e~ ~d ~
soA ON ON soA soA soA '~ ~P~ ~Id ~
~ soA oN oN soA soA soA '~pqns p uo~oSA ~
sox ON ON sox sox sox ~rld 'A~pqns l~ ~
sox ON ON sox s°x sox lUld 'a~ns 'm~laad ~
~ ol sIuoddu
SU0~S~aO ~
~du ~ sox sox oN oN ON uog~oa~ ~
~luoddu~ sox sox oR sox soX ~o~oH ~!soG ~
~l~d~ ~ sox sox oN ON ON '~laO ~o~ '~uH ~
~Iuodd~ ~ sox s~o amos oN oN soX uo~lu~loG VdHS ~
~luoddu ~ sox ~X oN soX soX 'pua~ luld ao~ ~
~luodd~ sox sox oN sox s~x uogd~x~ '~ds '0'2 ~
~oddu~ sox sox oN sox sox ~S '~ ~
~luoddu ~ sox sox °N sox sox ~A ~
~[eodd~ sox sox ON sox sox uo~s~qng ~oqs ~
suo]s~:aO H
~l~odd~ ~ soX oN oN auoN oN suos]~$O I ~d~
uo?s?~aO igu~ igaflflV uo~s?~oO gu?agoH aliqnd uo?;~llflflv ssauo;aiflmo~
jo o~BoN jo o~BoN jo 0~9oN uo]s~opo~d jo a~9oN jo SNOISI33O
Jo a~9oN uo[~u~m4a~aG
SLLM IIAI IHIIIOSIH IDI,LON
6I O$~d :NOI.LV~I, ISINII~OV
'p~o~l s$ .ul-mOH luotuo$etmIAI ti~osD punos lo~nd Ir~UoO
Otll Xq pmoq o.~ suo.ts!oop ttm~oad so~s~I~ Jo Sl~oddV ,
S~ , oN soX sox sox sox usu~Oad solSUlaI ~
~luoddu ~ sox sox ON sox sox uo!s~o~ l~Od ~
~[~odd~ ~ sox sox sox sox sox ~A ~
~[~odd~ soX soX soX sox sox ~d~fl 'puoo ~
~l~oddu~ sox sox ON sox sox l~Od 'aoG'qns ~
SU0lS~O~ OUllO~O~S
soA oN oN soA soA oN 'p~ '~o~ 'aaG ~
soA oN oN so~ so~ oN 'ldopv '~o~ 'AO~ ~
SOX ON oN sox sox °N 'P~ ~Id 'dm°D ~
sox ON ON sox sox ON ~Id '~lo~'lsl~ ~
sox ON ON sox sox ON ~ld ~o~ ~qafl ~
soA ON ON soA soA ON uoll~xo~ ~
~ ol Sl~odd~
uolsl~0~ l~U]~ lgOdd~ uo~s[~ ~u]~go~ uoBg~Hddg ssouololdmOD
jo o~!loK jo o~BoK jo o~BoK ~!lqnd jo ~BoK jo SKO~DV
JO o~Bo~ uoB~ulm~o~oO
21.02.910 DEVELOPMENT AGREEMENTS
(a) The City may enter into a development agreement with a person having ownership or control
of real property within the City limits, or outside the City limits but within the Urban Growth
Area as part of a proposed annexation or service agreement.
(b) The agreement shall set forth the development standards and other provisions that shall apply
to, govern, and vest the development, its land uses, and mitigation of the development's
impacts for the duration of the specified period, consistent with applicable policies and goals
of the City of Bremerton.
(c) The development agreement shall specify the following, as applicable to the project:
(1) All major project components, including the specific uses to be allowed, residential
densities, commercial or industrial site and floor areas, off-street parking, etc.
(2) Landscaping, buffers, parks, recreation areas, open space and similar features.
(3) Provision for affordable housing.
(4) Required mitigation measures, development conditions, and other requirements of
project approval.
(5) Financial arrangements, including any required impact fees, in-lieu fees, inspection
fees, dedications, financial contributions, and reimbursement provisions, if any.
(6) Design and development standards to be applied to the project, including architectural
treatment, maximum heights, setbacks, landscaping, drainage, utilities, parking,
signage, and any others.
(7) Review procedures, phasing program, and criteria for project decisions.
(8) The build-out or vesting period during which the agreement will be in effect.
(9) Any other appropriate requirements or procedures that are based on City policies,
rules, regulations, or standards. The agreement may impose new or different
regulations to the extent necessary to resolve a threat to public health or safety.
(d) Enforceability: A development agreement, including all development standards, is
enforceable during its term by any party to the agreement. The agreement protects the
approved development from changes to the zoning or other development regulations that
may be adopted during the term of the agreement.
ADMINISTRATION: Page 20
(e) Form and Processing:
(1) Development agreements shall be in a form provided by the City Attorney's office.
The City Attorney shall review and approve all proposed agreements prior to
consideration by the City Council.
(2) A development agreement shall be approved as a Type III decision by the City
Council following an open record public hearing.
(3) The agreement shall be recorded with the real property records of Kitsap County and
shall be binding on the parties and their successors during its term.
21.02.915 SPECIAL USE PERMIT
(a) Authority: A land use that is designated "SUP" in specific zones in the Land Use Tables
of Section 5 of these regulations may be permitted on sites within those zones, provided all
identified adverse impacts of the specific use can be eliminated or reduced to an acceptable
level through design or conditions of approval of the Special Use Permit.
(b) Applicant: Any property owner or the owner's agent may apply.
(c) Procedure: A Special Use Permit is processed in accordance with the procedures outlined
in section 21.02.880 and the notice requirements of section 21.02.905. An Administrative
SUP does not require a public hearing and is processed as a Type II application. A SUP that
may have significant impacts beyond the immediate site, that is of neighborhood- or
community-wide interest, or that may be of a sensitive or controversial nature, may be
classified a Non-administrative SUP by the Director and processed as a Type III application.
(d) Criteria for Approval: A Special Use Permit may be approved if all of the following
questions can be answered "YES":
(1) Is the proposal consistent with the City's Comprehensive Plan and either designated
"SUP" in the Zoning Ordinance, or is being processed as an "Unlisted Use"?
(2) Will the proposal comply with all applicable development standards and requirements,
including the availability of all needed utilities and services?
(3) Will the proposal, along with any mitigation measures or other conditions of
approval, avoid significant adverse environmental consequences?
(4) Will the proposal be compatible with adjacent uses and surrounding neighborhood?
(5) Does the proposal comply with all other criteria or design guidelines that are
applicable to the specific use or type of development?
ADMINISTRATION: Page 21
(e) Conditions of Approval: Such conditions as site orientation, fencing, buffering, parking
location, lighting, access, hours of operation, or others may be imposed as conditions of
approval if needed to prevent adverse impacts and/or ensure compatibility with the
surrounding area.
(f) Lapse of Approval: If not acted upon within one year from the date of decision, the SUP
approval shall expire. Expiration is automatic and notice is not provided. The Director may
grant a single written six-month extension upon a showing of good cause, provided the
applicant submits a written request for such extension prior to expiration.
21.02.920 VARIANCE
(a) Authority: A Variance from a specific provision of the City's development regulations
may be approved to grant relief when those requirements result in an unusual or unreasonable
hardship due to the physical characteristics of the site or existing improvements on or
adjacent to the site. A Variance may not be granted to alter a definition or interpretation, nor
to change or circumvent adopted permit processing procedures.
(b) Applicant: Any property owner or the owner's agent may apply.
(c) Procedure: A Variance is processed in accordance with the procedures outlined in section
21.02.880 and the notice requirements of section 21.02.905 and is approved administratively.
(d) Criteria for Approval: A Variance may be approved if all of the following questions can
be answered "YES":
(1) Will the proposal avoid conflicts with the City's Comprehensive Plan?
(2) Will the variance accommodate a use or structure that is allowed by the zoning?
(3) Will the Variance benefit the surrounding neighborhood and/or avoid significant
adverse impacts on other properties and residents?
(4) Will the Variance, along with any proposed mitigation measures or conditions of
approval, minimize adverse environmental impacts?
(5) Is the Variance necessary to overcome a hardship related to the size, shape,
topography, location, or surroundings of the subject property, or related to a legal
nonconformity that may exist on or adjacent to the site?
(6) Will the Variance allow a development or improvement that is consistent with that of
similar properties in the vicinity and zone?
ADMINISTRATION: Page 22
(7) Is the Variance needed to solve a specific code-related design problem and not to
grant relief for a personal or financial hardship or inconvenience?
(8) Have other solutions, uses, or design options that might achieve a similar result
without the need for a Variance been evaluated and rejected?
(e) Conditions of Approval: Conditions may be imposed as conditions of approval if needed
to prevent adverse impacts and/or ensure compatibility with the surrounding area.
(f) Lapse of Approval: If not acted upon within one year from the Notice of Final Decision,
the Variance approval shall expire. Expiration is automatic and notice is not provided. The
Director may grant a written six-month extension upon a showing of good cause, provided
the applicant submits a written request for such extension prior to expiration.
21.02.925 SPECIAL EXCEPTION
(a) Authority: A Special Exception from a specific provision of the City's development
regulations may be approved to grant relief when the regulation is found to be inappropriate
to the situation and/or results in an unreasonable inconvenience or difficulty in the use or
development of the property. The Special Exception process encourages creative design
solutions to site planning problems and does not require the presence of physical obstacles to
development, as required for a Variance. Special Exceptions shall not be granted to
residential densities, to definitions or interpretations, nor to permit processing procedures.
(b) Applicant: Any property owner or the owner's agent may apply.
(c) Procedure: A Special Exception is processed in accordance with the procedures outlined
in section 21.02.880 and the notice requirements of section 21.02.905 and is approved
administratively as a Type II decision.
(d) Criteria for Approval: A Special Exception proposal may be approved if all of the
following questions can be answered "YES":
(1) Will the proposal avoid conflicts with the City's Comprehensive Plan?
(2) Will the Special Exception benefit the surrounding neighborhood and/or avoid
significant adverse impacts on other properties and residents?
(3) Will the Special Exception, along with any proposed mitigation measures or
conditions of approval, minimize adverse environmental impacts?
(4) Will the Special Exception result in the enhanced use of the site for a development,
expansion of an existing structure, or other innovative improvement that will be
ADMINISTRATION: Page 23
clearly beneficial to the subject property and neighborhood?
(5) Will the resulting improvements will be compatible with the design and development
characteristics of similar properties in the neighborhood and zone?
(6) Have other solutions, uses, or design options that might achieve a similar result
without the need for a Special Exception been evaluated and rejected?
(7) Is the Special Exception needed to solve a design problem or to allow a unique or
innovative design, and not to grant relief for a personal or financial nature?
(e) Conditions of Approval: Conditions may be imposed as conditions of approval if needed
to prevent adverse impacts and/or ensure compatibility with the surrounding area.
(f) Lapse of Approval: If not acted upon within one year from the Notice of Final Decision,
the Special Exception approval shall expire. Expiration is automatic and notice is not
provided. The Director may grant a written six-month extension upon a showing of good
cause, provided a written request for such extension is submitted prior to expiration.
21.02.930 REZONE
(a) Authority: The City Council may approve a change in zoning classification of property
within the City limits by passage of an ordinance, following a public hearing, provided the
new zone is consistent with the City's Comprehensive Plan and adopted approval criteria.
Approval of a Rezone results in a change to the Official Zoning Map.
(b) Applicant: The following may initiate a Rezone:
(1) Private party: The owners, or their designated agents, representing at least
seventy-five percent (75%) of the assessed valuation of the area proposed for
rezoning
(2) City: The Bremerton Planning Commission or City Council may initiate a Rezone
upon passage ora resolution of intent.
(c) Procedure:
(1) A single-parcel or small area rezone is a quasi-judicial action that is processed in
accordance with the procedures outlined in section 21.02.880 and the notice
requirements of section 21.02.905.
(2) The StaffReport shall include a recommendation for action.
ADMINISTRATION: Page 24
(3) The Planning Commission shall review the proposal and initial staff recommendation
at a public meeting and forward its own recommendation for City Council action.
(4) The City Council shall make the decision following an open record public hearing,
and a~er considering the recommendation of the Planning Commission, all oral and
written testimony, and comments from the public, other agencies and City
departments.
(d) Criteria for Approval: A Rezone may be approved if all of the following can be answered
(1) Is the proposed Rezone consistent with the Comprehensive Plan? (See Section
21.02.245 "Plan/Zoning Consistency" of this code.)
(2) Is the Rezone justified for one or more of the following reasons?
13 It is in the public interest to approve the Rezone to accommodate needed
changes within the immediate vicinity or neighborhood.
It will correct a zone classification or boundary that was inappropriate when
established.
13 It is a planned step in a phasing process to gradually bring zoning into
consistency with the 20-year Comprehensive Plan when appropriate.
It will place or remove an overlay zoning designation without affecting the
underlying zoning.
(3) Is there a public need for the proposed Rezone that will clearly benefit the local
neighborhood and/or the community of Bremerton?
(4) Are all essential public facilities and services available and adequate, or can be made
available, to serve the types and levels of development permitted in the requested
zone?
(5) Will the area being proposed for rezoning become part of a larger zoning district or
form a new district which will not be considered an isolated "spot zone"?
21.02.935 DEVELOPMENT REGULATION AMENDMENT
(a) Authority: The City Council may approve by passage of an ordinance, a change to the
text of any City of Bremerton development regulation, including the Zoning Ordinance, large
area amendmems to the Zoning Map, Shoreline Master Program, Sensitive Areas Ordinance,
and others. These are Type IV legislative decisions and exempt from the processing, timing,
and other requirements for quasi-judicial permits.
ADMINISTRATION: Page 25
(b) Applicant: The City Council, Planning Commission, Mayor, City department, agency, or
other interested party may initiate an amendment to a development regulation:
(c) Procedure: The Planning Commission will conduct an open record public heating for all
amendments that are proposed to land use, environmental, or other related regulations and
shall make a recommendation to the City Council. The City Council, following its own open
record public hearing, may approve, approve with modifications, deny, or remand the
proposal for additional study.
(d) Criteria for Approval: The City Council may approve an amendment if the following
questions can be answered "YES":
(1) Is the proposed change consistent and compatible with the Comprehensive Plan?
(2) Will the proposed change be consistent with all other provisions of the affected code
and avoid conflicts with other codes?
21.02.940 SITE PLAN REVIEW
(a) Applicability:
(1) A technical site plan review shall be conducted for all projects that involve new
development or expansion of existing structures or other exterior improvements that
will change the physical condition of the site.
(2) The intent of the review is to ensure that the proposal meets all site development
requirements of applicable regulations.
(3) Site plan application requirements and the extent of the review shall be adjusted to the
size, nature and complexity of the development proposal.
(b) Applicant: Same as the applicant for the related building or development permits.
(c) Review Procedures:
(1) A Site Plan shall be submitted as part of the application for a proposal that involves a
new or modified structure, or other physical improvements or changes to its site. Site
Plan Review shall be included as one step in the processing of the requested permit(s)
and a separate fee is not required.
(2) A request to review a conceptual, speculative, or other Site Plan that is not part of a
development application shall be treated as an independent application and shall be
accompanied by a Site Plan Review fee.
ADMINISTRATION: Page 26
(3) A cursory review of a conceptual or sketch plan during a pre-application conference
shall be provided at no charge to assist the potential applicant. Such review shall not
be an official review for decision-making purposes.
(4) The Site Plan shall be reviewed for consistency with applicable regulations and
development standards. Based on the size and complexity of the project, the Director
shall determine whether the review is done by DCD staff or by the Technical Review
Committee consisting of representatives from all affected departments and agencies.
(d) Application Requirements: A Site Plan Review shall include the following components.
The Director may waive one or more of these requirements when it is clear that the
information obtained would not be relevant or helpful to an informed decision.
(1) Vicinity Map: Shall show the subject property in relation to all other properties
and major structures within a two-hundred fifty (250) foot radius of the property.
(2) Site Plan: Shall contain the following information:
Location, size, bulk, height, number of stories, and use of all structures and
areas on the subject parcel, both existing and proposed.
[3 Existing and proposed pedestrian walkways, bikeways, parks, playgrounds,
recreational areas, activity centers, landscaped areas, and other areas and
facilities of a public or recreational nature.
Existing and proposed utility systems, drainage structures, fire hydrants, and
related features.
An environmental summary, including such features as shorelines, bulkheads,
creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings,
significant trees, other "sensitive areas", etc.
[3 All property lines, easements, fences, walls, signs, and other points of
reference.
Other information, maps or data that is helpful or that was requested at the
pre-application conference to better understand the nature and scope of the
proposal and its impacts on surrounding properties, people, and land uses.
(3) Parking Plan: The following information may be shown on the Site Plan or
provided as a separate parking plan, and shall include:
13 All parking spaces, aisles, handicapped and motorcycle spaces, loading spaces,
transit facilities, and parking lot access and internal circulation.
Dimensions of all parking areas, spaces, driveways, setbacks, distances from
curb cuts to intersection comers, and similar details.
ADMINISTRATION: Page 27
(4) Landscape Plan: A plan showing the locations of all existing trees and other
vegetation proposed to remain, all proposed new trees and other vegetation, and the
overall plan for landscaping the entire site. This information may be shown on the
Site Plan or may be a separate plan.
(5) Narrative: A written explanation of the proposal, including:
{3 Calculations of gross residential density, size of the site in square feet, and
square footage of structures, parking areas, landscaped and recreational open
space areas.
Elevations and/or perspective drawings of proposed structures and other
major improvements being proposed.
Identification of parties responsible for the continued care and maintenance of
all common open space, buffers, and similar areas.
{3 The specific nature of any agreements, covenants, or other provisions that
govern or affect the proposal.
Signatures, mailing addresses, and phone numbers of all owners of record or
agents of the subject property.
(6) Maps: All maps shall be drawn to scale, legible, in a reproducible black and white
format no larger than 18" x 24", and shall include a north arrow and a title block that
consists of at least the following:
The map title and name of the related project application.
Name and registration stamp (if necessary) of the person preparing the maps.
Signature line for City approval and date of approval.
(e) Criteria for Approval: A Site Plan that complies with all applicable land use and
development requirements and guidelines shall be approved.
(f) Decision & Appeal:
(1) The Director or his/her designee may approve, approve subject to conditions, or
reject a Site Plan.
(2) A rejection shall be accompanied by a written explanation of the deficiencies and a
deadline (90 days suggested) for submittal of any additional information that is
needed to complete and approve the Site Plan.
(3) An administrative decision on a Site Plan may be appealed to the Planning
Commission.
ADMINISTRATION: Page 28
(g) Recording of Decision: A Site Plan that was approved with conditions intended to remain
with the land or project longer than one year, or indefinitely, shall be recorded with the
Kitsap County Auditor. Typically, a Site Plan will be implemented and satisfied as
development occurs and will remain active as long as construction is taking place.
(h) Time Limits on Approval:
(1) With the exceptions of a Binding Site Plan, a PUD, or a project covered by a
Development Agreement, Site Plan approval shall become void if building permits are
not applied for or construction has not begun within one (1) year. The expiration is
automatic and notice is not given.
(2) The specific conditions of a Binding Site Plan, Planned Unit Development, or
Development Agreement may specify different times or a phasing program for
development.
(3) The Director may grant one six-month extension in writing to the one-year approval
period of a non-binding Site Plan upon good faith shown, provided the applicant
requests the extension in writing prior to the expiration date.
(i) Compliance Required: No person shall violate or fail to comply with an approved Site
Plan or any conditions thereof. Nor shall a building permit be valid for any structure which
violates or fails to comply with any approved Site Plan for the parcel(s) on which such
structure is to be located.
21.02,945 APPEAL
(a) Finality of Decision:
(1) Those land use and development decisions that are subject to administrative appeal
shall become final unless an appeal is filed within fourteen (14) days of the date of the
decision, or the date of the Notice of Decision when such notice is given. City
Council decisions shall be final when issued.
(2) A Zoning Ordinance Interpretation may be appealed at any time.
(b) Appealable Decisions:
(1) Type I administrative decisions may be appealed to the Planning Commission.
(2) Type H administrative decisions with notice may be appealed to the City Council.
(3) Type III City Council decisions may be appealed to Superior Court.
ADMINISTRATION: Page 29
(4) Type IV legislative decisions may be appealed to Superior Court.
(5) Shoreline Substantial Development Permits, Variances and Conditional Use Permits
may be appealed within fourteen (14) days to the City Council, or within twenty-one
(21) days to the Shorelines Hearings Board.
(c) Parties of Record: Only parties of record may initiate an appeal to the Planning
Commission (Type I) or City Council (Type II). Parties of record shall include:
(1) The applicant.
(2) Anyone who participated in a public meeting on the application.
(3) Anyone who submitted written comments concerning the application (excluding
persons who have only signed petitions or mechanically produced form letters).
(d) Time to File: An appeal to the Planning Commission, City Council or Superior Court
must be filed within fourteen (14) days following issuance of the written decision. Other
requirements apply to appeals to the Shorelines Heatings Board. All local appeals may be
delivered to the Department of Community Development (DCD) by mail, personal delivery,
or by FAX before 5:00 PM on the last business day of the appeal period (see: Computation
of Time, section "f' below).
(e) Timing of Decisions:
(1) An open record appeal shall be decided within ninety (90) days from the date the
complete appeal was filed.
(2) Should an occasion arise that would require a closed record appeal hearing, such an
appeal shall be decided within sixty (60) days.
(f) Computation of Time: For purposes of computing the time for filing an appeal, the day
the decision is rendered shall not be included. The last day of the appeal period shall be
included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City's
ordinances as a legal holiday, then it also is excluded and the filing must be completed on the
next business day.
(g) Content of Appeal: An administrative appeal shall not be accepted unless it is written,
accompanied by the required appeal fee, and contains at least the following information:
(1) Appellant's name, address and phone number.
(2) Appellant's statement describing his or her standing, as a party of record, to appeal.
ADMINISTRATION: Page 30
(3) Identification of the application which is the subject of the appeal.
(4) Statement of grounds for appeal and the facts upon which the appeal is based.
(5) Statement of the relief sought, including the specific nature and extent.
(6) A statement that the appellant has read the appeal and believes the contents to be
true, followed by the appellant's signature.
(h) Effect: The timely filing of an administrative appeal shall stay the effective date of the
decision until such time as the appeal is either decided or withdrawn.
(i) Notice of Appeal: The Director shall provide public notice of the appeal as provided in
the Public Notice section of this code.
(j) The appellant shall bear the burden of proving the administrative decision was not supported
by substantial evidence.
lllll
1724:ch-10.bdc
Amended: Aug. 29, 1996
ADMINISTRATION: Page 31