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.
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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,
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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