HomeMy WebLinkAbout4797 AN ORDINANCE of the City Council of the City of
Breme~ton, Washington, amending Sections (c)(2) and (c)(4) of
Chapter 7 of the City of Bremerton Shoreline Master Program
relating to appeals of administrative decisions regarding shoreline
substantive developments, and providing for appeals of such
decisions to the Administrative Hearing Examiner pursuant to
Chapter 2.13 BMC.
WHEREAS, the current provisions of Chapter 7 of the City of Bremerton
Shoreline Master Program relating to appeals of administrative decisions on applications
for shoreline substantive development permits provides for appeals of such to go to the
City Planning Commission; and
WHEREAS, the City has recently established a hearing examiner system
to hear matters including appeals of administrative decisions; and
WHEREAS, the City Council desires to update it's Shoreline Master Program
provisions to allow for appeals of administrative decisions on shoreline substantive development
permits to the Administrative Hearing Examiner; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section (c)(2) of Chapter 7 of the City of Bremerton Shoreline
Master Program relating to the review process for shoreline penrfits is amended to read as
follows:
(2) Review Process:
In general, shoreline permits are reviewed by the City using the same procedures
used for zoning permit applications. However, additional public notice may be required by the
Shoreline Master Program. The procedure for processing shoreline permits is as follows:
a. Proposal Requiring Zoning Approval: If a proposal
requires a zoning permit, variance, rezone or site plan review for development to proceed: The
shoreline permit will be reviewed using the same procedure as the applicable Zoning Ordinance
authorization.
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Shoreline Master Program
b. Proposal Not Requiring Zoning Approval: If a proposal
does not require any formal zoning approval for the development to proceed; and
1) A Shoreline Substantial Development Permit is
required: The permit application will be reviewed and approved, approved with conditions, or
denied by the Director of Community Development.
2) A Shoreline Conditional Use Permit or Variance
Permit is required: The permit application will be reviewed and approved, approved with
conditions, or denied by the Pla:ming ComnnissionAdministrative Hem-ing Examiner pursuant to
Chapter 2.13 BMC.
SECTION2. Section (c)(4) of Chapter 7 of the City of Bremerton Shoreline
Master Program relating to final action or applications for shoreline permits is amended to read
as follows:
(4) Final Action
a. A decision by the Director of Community Development
,~,~ ......... e, ,~- ............. shall become final unless . ~ --,~-l-,-~z' ~,.~.,~o, ~.,,r~ ~.,~° ~,,,:l~,, ....
an appeal is filed _to
the Administrative Hearing Examiner pursuan! to Chapter 2.13 BMC within fourteen (14)
calendar s of the date of the decision, .,o v ....' ........ -~ ,~,-v ................ . ,
............ An open record decision, or a decision on appeal:
by the City CouncitAdminisla'ative Hearing Examiner pursuant to Chapter 2.13 BMC shall
become final unless a Request for Review is filed with the Shorelines Hearings Board, as
prescribed in RCW 90.58.180.
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A Request for Rewew may be filed directly with the Shorelines Hearing Board at the option of the applicant, as
provided for in RCW 90.58.180.
SECTION 3. Severabili~_. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
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Shoreline Master Program
SECTION 4. Effective Date. This ordinance shall take effect, and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the dayof ,q?r;t , 002
PASSED by the City Council the o~_9 dayof _(~~ ,2002
CAROL ARENDS, Council President
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUS~EY, City Clerk R'OG~R A.~'JLUBOVICH, Cil~['omey
PUBLISHED the~ day of .~'~ ~', ,2002
EFFECTIVE the~day of ~/~- ,2002
ORDINANCE NO. q7q 7'
R:LLEGAL\Ordinances~Shoreline Master Progam Amendment.doc
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Shoreline Master Program
AFFIDA VIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100000863
I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all
times embraced in the publication herein mentioned was the principal clerk of the printers and
publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of
the /superior Court of the Count of Kitsap, in which County it is published and is now and has
been for more than six months prior to the date of the publication hereinafter referred to,
published in the English language continually as a daily newspaper in Bremerton, Kitsap County,
Washington, and is now and during all of said time, was printed in an office maintained in the
aforesaid place of publication of said newspaper; that the following is a true text of a legal
advertisement as it was published in regular issues (and not in supplement form) of said
newspaper on the following dates, to wit: April 30, 2002 during all of said period. That the full
amount of the fee charged for the foregoing publication is the sum of $36.43 which amount has
not been paid in full.
ry\/\t<30 ~L 9 rnr~ I~
(Signature of Principal Clerk) \ \ 11' lit
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Subscribed and sworn to before me this day of May 2,2002. .::::-,,\ O~\N N 8/..-1 ///~
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AN ORDINANCE of the City Council of the City of Bremer~on,
Washington, amending Sections (c) (2) and (c) (4) of Chapter 7 of
the City of Bremerton Shoreline Master Program relating to
appeals of administrative decisions regarding shoreline
substantive developments, and providing for appeals of such
decisions to the Administrative Hearing Examiner pursuant to
Chapter 2.13 BMC.-
LJCU 1 n< --> .6L!J. ft-~
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4797'
APPROVED by the City Council the 17th day of April, 2002.-
PASSED by the City Council the 24th day of April, 2002.-
The full text of this ordinance is available from the City
Clerk's Office, 239 4th Street, Bremerton, WA 98337.-
April 30,