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HomeMy WebLinkAbout4069 AN ORDINANCE regulating the functions of the Planning Commission and repealing Ordinance No. 2678, Ordinance No. 3282, and Ordinance No. 3033. THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1: There is hereby established a Planning Commission which shall be appointed by the Mayor and approved by the City Council. The Planning Commission shall consist of nine (9) members who shall be citizens of the United States and electors of Kitsap County who are residents, property owners or business owners of the City of Bremerton. The term of office shall be for four (4) years. Members shall be appointed for staggered terms so that at least one member shall be appointed annually. The members shall serve without compensation. SECTION 2: Any member of the Commission may be removed from office for incompetency, incompatability, dereliction of duty, malfeasance in office, nonattendance at meetings, or other good cause after charges in writing have been delivered by the Chairperson to the Mayor, notice given, and a full hearing conducted. Members of the Commission shall automatically be dismissed from the Commission if members miss more than twenty-five percent (25%) of the regular meetings without written excuse submitted to the Chairperson within seventy-two (72) hours before the regular meeting during any twelve (12) month period or have two consecutive unexcused absences. Upon missing more than twenty-five percent (25%) of the regular meetings during a one year period or having two consecutive, unexcused absences, the office shall be declared vacant by Council and filled within a reasonable time. SECTION 3: The Bremerton Planning Commission shall conduct all meetings in accord with the rules adopted by the Planning Commission which are designated as the Planning Commission Bylaws. SECTION 4: The Planning Commission, Planning Department, and City Council shall perform all planning functions pursuant to the authority of Article XI, §10 and §11 of the Washington State Constitution and the Planning Commission Act which is codified at RCW 35.63. SECTION 5: The Commission, each year, shall elect its own chairperson and create and fill such other offices as it may determine it requires. The date and time of the Commission's regular meeting shall be specified in the Planning Commission Bylaws. SECTION 6: The City shall provide for the verbatim recording of all Planning Commission meetings by electronic means. The City shall furnish a copy of a tape recording of any meeting upon written request of any interested party. The party requesting the copy of the tape must bear the costs of recording and tape. The Planning Commission will also keep a written record of its meetings, resolutions, transactions, findings, and conclusions. That record shall be a publ£c record. SECTION 7: The expenditures of the Planning Commission, shall be within the amounts appropriated for that purpose by the Council. SECTION 8: The Planning Commission may: i. Review and recommend to Council the adoption of coordinated comprehensive planning and land use objectives for the development of the City or particular areas of the City. ii. Review and recommend to Council the adoption of regulations and code amendments which implement the City's comprehensive planning objectives. iii. Review and recommend to Council the adoption of short plat regulations and long subdivision regulations. iv. Issue special use permits and variances. v. Conduct appellate hearings and render decisions interpreting the zoning ordinance when property owners dispute the Planning Department's interpretation of the zoning ordinance. vi. Participate in regional planning activities or serve on a regional planning commission. vii. Make rules and regulations for the conduct of its business. 2 SECTION 9: The Planning Commission may recommend to Council the adoption or preparation of coordinated comprehensive plans for the physical development of the municipality. For this purpose, the Council in such measure as is deemed reasonably necessary or required in the interest of health, safety, morals and general welfare, upon recommendation by the Planning Commission, by general ordinance or resolution, may regulate and restrict the location and use of buildings, structures, and land for residences, trade, industrial, and other purposes; height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts, and other open spaces on the lot or tract; the density of population; the setback of buildings along highways, parks, or public water frontages; and the subdivision and development of land; and may encourage and protect access to direct sunlight for solar energy systems. The Planning Commission may recommend to Council the adoption of coordinated comprehensive planning objectives and regulations which implement these objectives to protect environmental resources, sensitive environmental areas, and the shorelines of the City. The Planning Commission may also propose to Council the adoption of a plan for the disposal of hazardous waste. SECTION 10: Restriction - Purposes of - All regulations shall be worked out as parts of a comprehensive plan or plans which provide for the physical and other generally advantageous development of the community. Coordinated comprehensive planning objectives shall include encouraging the most appropriate use of land throughout the municipality, lessening traffic congestion and accidents, securing safety from fire, providing adequate light and air, preventing overcrowding of land, avoiding undue concentration of population, promoting a coordinated development of the unbuilt areas in the City, encouraging the formation of neighborhood or community units within the community, securing an appropriate allotment of land area in new developments for all the requirements of community life, conserving and restoring natural beauty and other natural resources, encouraging and protecting access to direct sunlight for solar energy systems, and facilitating the adequate provision of transportation, water, sewage, and other public uses and requirements, including protection of the quantity and quality of ground water used for public water supplies. SECTION 11: Recommendation of Commission - Hearings - The Commission may recommend to the City Council the adoption of the Comprehensive Plan as a whole or may recommend parts of the plan by successive recommendations; the parts corresponding with the geographic or political sections, division, or subdivisions of the municipality or with functional subdivisions of the subject matter of the plan. It may also prepare and recommend any amendment or extension or addition to the plan. Before the recommendation of the initial comprehensive plan to the municipality, the Planning Commission shal'l hold at least two public hearings, giving notice of the time and place by publication in a newspaper of general circulation in the municipality. A copy of the ordinance or resolution adopting the plan or any amenc~nent, duly certified as a true copy by the Clerk of the municipality, shall be filed with the County Auditor. A certified copy of 'any map or plat referred to or adopted by the ordinance or resolution shall also be filed with the County Auditor. SECTION 12: Restrictive Districts - The Planning Commission may recommend to the City Council that the municipality be divided into districts in order to further any of the above articulated public welfare zoning objectives. The Planning Commission may also establish official maps or development plans for the whole or any portion of the municipality as may be deemed best suited to carry out the purposes of this Chapter. Within such districts, the Commission may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. SECTION 13: Supplemental Restrictions - Hearing - Affirmance, Disaffirmance, Modification of the Commission's Decision - The Planning Commission may propose amendments, 4 supplementations, or modifications of the Comprehensive Plan or planning regulations to Council. The Planning Co~ission should first conduct a hearing pertaining to the proposal. The Planning Commission may consider proposed amen~ents, supplementations, or modifications or the Comprehensive Plan or planning regulations. The Planning Commission should conduct a hearing about such proposals and report its recommendation regarding the proposal to Council within ninety (90) days of the time that the proposed amen~ents, suppl~entations, or modifications were entertained before the Planning Co~ission. The Council, pursuant to a public hearing, may affirm, modify, or disaffirm any such recommendation of the Planning Commission. SECTION 14: The Planning Co~ission may reco~end to Co~cil the adoption of comprehensive plans and regulations for the physical development of the City. Such reco~endations must be ratified by Council before the plan or regulation becomes effective. The Planning Co~ission has the authority to make final decisions regarding the issuance of variances, special use permits, and decisions interpreting the Zoning Code. Such decisions are final and may be appealed to Council if the appeal is timely filed. SECTION 15: PRIOR ORDINANCES REPEALED - Ordinance No. 2678; Ordinance No. 3282; and Ordinance No. 3033 are hereby repealed. APPROVED by the City Council on the first reading this /~ day of ~f, 1986. PASSED by the City Council of the City of Bremerton, Washington, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~ day of~~ , 1986. ATTEST: KA~HLEEN L. McCLUSKEY, Clerk