Loading...
HomeMy WebLinkAbout4798 ORDINANCE NO. 4-7 ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.13 of the Bremerton Municipal Code relating to the Administrative Hearing Examiner and further amending various Chapters of the Bremerton Municipal Code as they relate to the Administrative Hearing Examiner process and procedures for conducting hearings, making decisions and recommendations and hearing appeals of administrative decisions, including provisions relating to the Planning Commission, Chapter 2.12, the Municipal Court Hearing Examiner, Chapter 2.62, business licenses, Chapter 5.02, regulatory licenses, Chapter 5.03, right-of-way use permits, Chapter 11.03, Uniform Building Codes, Chapter 17.04, Uniform Fire Code, Chapter 18.01, subdivisions and plats, Chapter 20.04, Shoreline Development, Chapter 21.04, SEPA substantive authority, Chapter 21.12 and further amending various provisions of Chapter 21.02 relating to land use applications including processing of applications, public hearings on land use applications, decisions of land use applications, notices of decisions, development agreements, annexation zoning, PUD applications, special use permits, variances, rezones, exceptions to development regulations, amendments to development regulations, site plans, violations of the Zoning Code, wetlands and stream applications, and appeals of various land use decisions. WHEREAS, the City Council recently adopted Ordinance No. 4778 establishing an Administrative Hearing Examiner system for the purpose of conducting open record hearings and making recommendations or decisions on various land use applications, conducting appeals of administrative determinations and performing various other functions; and WHEREAS, following adoption of Ordinance 4778 and a comprehensive review of the Bremerton Municipal Code, it was determined that numerous other provisions of the Bremerton Municipal Code needed to be amended in order to resolve conflicts of provisions, inconsistent applications of processing of land use applications as well as other matters including appeals and to further establish a more comprehensive system for processing these matters; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Administrative Hearing Examiner SECTION L Bremerton Municipal Code Chapter 2.13 entitled "Administrative Hearing Examiner" is hereby amended to read as follows: CHAPTER 2.13 ADMINISTRATIVE HEARING EXAMINER. 2.13 .... 010 Purpose. chapter is to: (1) Sep~ae the l~d use regulato~ ~nction ~om the l~d us~ pla~ing process; (2) Ensure procedural due process ~d appe~ce of fairness in regulato~ beings ~d decisions; (3) Provide an efficient and effective l~d use regulao~ system w~ch inte~at~s the public hearing ~d decision-m~ng processes for land use matters; (4) Provide for consistency ~d predictability in decision m~ing and the application of policies ~d regulations adopted by the ci~; and (~) Provide a forum for conducting public he~ngs required by the Breme~on M~cipal Code m~d ........... ~-~; ......... ~ ~r ~;_~+.~+; ...... ~ ......assigned,;' and (6) Provide a forum for hearing appeals of administrative decisions and o~er maters as established by the Bremerton Municipal Code. 2.13.020 Creation. The position of the Administrative Hearing Examiner (also refen'ed to in this chapter as " ' ' ~' or" x ' ' _ hearing examiner" e ammer ) is hereby created. The A~inistrative Heahng Examiner shall revie~v and inte~ret ]and use regmlations; conduct hearings, render decisions, and make recom.mendaions on l~d use applicaions; hear appeals from administrative orders, recommendations, permits, decisions or determinations made by a city official as set forth in this chapter, and review and hear other matters a.s provided for in the Bremeffon Municipal Code and other ordinances. The term "administrative hemSna examiner" shall likewise include the examiner pro tern. 2.13.030 Se!eetionAppointment and removal. 2 Administrative Hearing Exa~ner The Administrative Hearings Examiner shall be appointed by the Mayor subject to confirmation by the City Council. The appointment may be made as a contract employee or as an independent contractor .................................... ............... e ~ .......... r a t .......... *'"" an on con ons detemined appropriate by the City Council. ' HeaSng ' ...................... vv*~v ..... Council. The Exminer(s) pro tern shall be selected by and serve at the pleasure of the Mayor o,,~;~, o~,j to .......................... y ........ .. In the absence or the inability of the Administrative Hearing Exmniner to act, or when expe~Xise is needed to hear a paaicul~ matter, the exam:inet pro tern shall se:~e in place of the Administraive Hearing Examiner m~d shall have all the duties and powers of the Administrative Heafina Examiner. The A~inistraive }leafing Examiner may be terminated in accordance with the contract temps. ~ Exminer pro tern may be tem~inated by the Mayor a will. 2.13.040 Qualification and removal. Exminers sh~l be appo~ted solely with reg~d to their qualifications for the duties of their office ~d will have such trh~ng ~d experience as will quali~ them to conduct a~i~straive or quasidudicial heatings on re~lao~ enac~ents and to disch~ge the other ~ctions confe~ed upon them. Exm~ers shall hold no other elective or appointive office or position with the Ci~ of Breme~on. *- ~-~; ..... 7 ........... ' ...... jllSt CaLtSu 2.13.050 Improper Jnflueoce, conflict of interest and appearance of fairness. No city official, dectivo or appointive, shall attompt to influence the A~inistratiw H¢a~ng examiner in ~y matter officially before him so as to constituto misconduct of a public office ~der Chapter 42.20 RCW or a violation of the appo~ance of fairness doct~ne. No member of the council shall paaicipat~ in ~y proceedings on appoal from the Administrative He~ng Examiner's decision if to do so will constitute a conflict of imerest or violation of the appear~ce of fairness doct~ne. Th~ Adm~is~atiVe Hea~ng Examiner shall conduct all 3 Administrative Hearing Examiner proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the appearance of fairness doctrine. If such conflicts or violations cannot be avoided in a particular case, the examiner shall assign an examiner pro tem to act in his absence. 2.13.060 Organization, rules. The Administrative Hearings Examiner is empowered to adopt rules for the scheduling and conduct of hearings and other procedural matters related to the duties he is required to perform. The rules shall include any procedural rules for conducting hearings as set forth in the Bremerton Mun c a o e~ .................. ,.,.;,..;..,1 ..~,, .c_,1 ...... a~. ,.~,~ ~a., ,~l~,.t. 11 p -L,s ............................. ., ........ The rules sba rovide [or the process to be effective and efficient while assuring that the participants are afforded an opportunity to present their case without unnecessary emphasis upon formal procedure. The examiner shah have the authority to subpoena witnesses, and to the extent necessary to assure a fair heating and to afford each party the opportunity to present their case, may allow limited discovery it' it is not unduly burdensome, will not unnecessarily delay the proceedings, and the information is not otherwise available. 2.13.070 Jurisdiction. {1) The Administrative Hearing Examiner shall have jurisdiction over-to: (al) conduct hearings, render decisions, make recommendations and to hear appeals o£ administrative decisions on land use applications as specified in Title 21 of the Bremerton Municipal Code, as amended, .,.a (g)- (b) :Fo conduct public hearings on ail Local Improvement Districts, Road :r ...........,. 'r~; ~.,4,,+o Utility Imp .... ~ ...................... and Local rovement Districts 4 Administrative Hearing Examiner (c} ~,,er-e hear an appeal of a department director's administrative decision/swhen~,,roviaoa~ o~.o~.,.,.~,.~.o in the Bremerton Municipal C ode ~'='~ ...... m~y other prov:s~on' ' (d~hear code enforcement matters pursuant to provisions of the Bremm~on Municipal CodeTo .....~,'~+ ~ ............... * .... ~=--:~; .... "~ ~="~ .... .............. .v ......... } ............ v ............ so required (o) conduct public hoam~gs when required under tho provisions of the Stme Environmental Policy Act; conduct open record public baa~ngs or closed-record appeals i.n accordance with tho provisions of tho Bramo~on Municipal Codel conduct such other hearings as the city council may from time to time doom approp~ateTo h~~g~ ...... ............... ~ ~ ~=~: ~:~ mado as (~hear such other matters as may be desi~ated by the Breme~on MuNcipal Code and/or the City Council. (2) It is the intent that all quasi-judicial appeals oflm~d use decisions, which have prior to the enacnnent ofthi, s chapter been beard by the city council an~or the planning commission, now be heard by the administrative hearing examiner pursuant to this chapter, and to the extent other provisions of the Breme~on Municipal Code are inconsistent, jufis&ction, for such quasi-judicial appeals will be with the administrative hearing exmniner unless othem-ise required by state or l~deral law. (3) 'Unless othem, ise indicated, all other references in the Breme~on Municipal Code to "hearing examiner" shall not mean the municipal court heating examiner except for those masers established pursuant to Chapter 2.62 of the Breme~on :Municipal Code over which the municipal corn1 hearin~ examiner will have jurisdict;ion. 2.13.080 Duties. The Administrative Heafin. g Examiner shall have the followin ~. duties with respect to applications of matters subnfitted before him or her. 5 Administrative Hearing Examiner (1) Appeals o_fi administrati~,e decisions/determinations. The Administrative Hearing Examiner shall hear open record appeals of administrative decisions/determinations submitted before him or her, prepare a record thereof, and enter findings of fact and conclusions based upon these facts, which find:ings and conclusions shall represent final action unless appealed as specified in Section 2.13.140 BMC. for the following: (a) Appeals of all Type ii land use administrative decisions as set :forth in BMC 21.02.840. (b) Appeals of all Type ~ land use administrative decisions as set: forth in BMC 21.02.845. (c) Appeals of Business License denials, revocations and regulations aK authorized pursuan.t to Title 5 of the Breme~lon Municipal Code. (d) Appeals of right-of-way use pem~it application decisions made pursuant to Chapter 11.02 BMC. (e) Appeals of administrative decisions on shoreline substantial development pemfits pm'suant to Section 21.02.935(b)(5) BMC and Chapter 7(c)(4) of the City of Bremerton Shoreline Master Pro,'am. £f) Appeals of administrative decisions on short subdivisions and plats pursuant to Section 20.04.100 BMC. (g) Appeals of administrative detem~inations applying the 'Uniform Building Code, unifom~ Plumbing Code, Uniform Code for the Abatement oflDangero~s Buildings and the Bremerton Housing Code pursuant to Section 17.04.070 BMC. (h) Appeals of administrative determinations appl?,4ng the Unifon.~q Fire Code pursuant to Section 18.01.100 BMC. (2) Decisions el'the Administrative Hearh~g Examiner. The Administrative iHearing Examiner shall receive and exmnine available information, conduct open record public, hearings, prepare a record thereof, enter findings of fact amd conclusions based upon these facts~ and render a decision, which decision shall represent the final action on the appl:icafion, unless appealed, as specified in Section 2.13.140 BMC for all Type III land use applications as set forth in BMC 21.02.850. (3) Recommendations q£the Administrative Hea~'ing Examiner. The Administrative Hearing Exauniner shall receive and examine available intbnnation, conduct open 6 Administrative Hearing Examiner pre-decision p'ublic hearings, prepare a record thereof and enter findings of fact m~d conclusions based upon th.ose facts, together with a recommendation to the city council, for the following; (a) All Type IV applications as set for in BMC 21.02.855. (b) Local Improvement Districts and utility Local Improvement District :formation and assessments pursuant to Chapter 11.04 BMC m~d Chapters 35.43 m~d 35.44 RCW. 2.13.090 Applications. Applications for all matters to be heard by the Administrative Hearing Examiner relating to the zoning code set forth in Chapter 21.02 BMC shall be filed with the Department of Community Development. Applications for all other matters to be hem'd by the Administrative Hearing Examiner shall be filed with the City Clerk. When it is found an application meets the filing requirements of the effected Department, the applicatio:n shall be accepted. The, Administrative Hearing Examiner shall be responsible for assigning a date for the public hearing for each application. Hearings on proiect permit applications are subject to the notice and hearing rgquirements set forth in the Bremerton Municipal Code. 2.1.3.100 Open record public hearing. (1) Before rendering a decision or recormr~endation on any land use application, the Administrative Hearing Exa.miner shall hold one (1) open record public hearing thereon. (2) For all applications, notice of the time and place of the public hearina shall be given as provided i.n the ordinance governing the application. If none :is specifically set forth. such notice shall be given at least ten (10) working days prior to such hearina. ..... (3) The Administrative Hearina Examiner shall have the power to prescribe niles and regulations :['or the conduct ofhearinas under this chapter and also to administer oaths, and preserve order. 2.113.110 Decisions and recommendation. (1) The Administrative Hearing Examiner's recommendation or decision may be to grant or deny the application, or the Administrative Hearing Examiner may recommend or require of the applicanI such conditions, modifications and restrictions as the Administrative Hearing Examiner finds necessary tO make the application compatible with its environm.ent, with applicable state laws, and to carry out the obiectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the city. Conditions, modifications ~md restrictions which may be imposed are, but are not limited to, additional 7 Administrative Hearing Examiner setbacks, screenings in the form of landscaping and fencing, covenants, casements mid dedications of additional road rights-of-way. Performance bonds or other financial assurances may be requi:red to insure compliance with conditions, :modifications and restrictions. .. (2) I:n regard to all Type IV applications set forth in Chapter 21.02.855 BMC, Administr-ative Hearing Examiner's findings and conclusions and recommendation shall be submitted to the city council, which shall have the final authority to act on such applications. The hearing by the Administrative Hearing Examiner shall constitute an open record pre-decision hearing befbre the final decision is made by the city council. The Administrative Hearing Examiner shall file its recommendation with the city council at the expiration of the period provided for reconsideration, or if reconsideration is accepted, within ten (10)working days after the decision on reconsideration. (3) When the Achn.inistrative Hearing iExaminer renders a decision or recommendation, the Administrative Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be rendered within ten (10) working days fbllowing conclusion of all testimony and hem'ings, 'unless a longer period is mutually ageed to on the record by the applicant and the Administrative Hearing Exmniner. The copy of such decision, including findings and conclusions, shall be transmitted by first class mail, to the applicm~t and other parties of record in the case requesting the same. (4) In the case of Shoreline Substantial Development permits, pursuant to BMC 21..02.860(d)(4), appeals shall be decided within thirty (30) calendar days of filing 0f the appeal. 2.13.1.20 Reconsideration. A party of record believing that a decision or recormnend.afi on of the Administrative Hearing Examiner is 'based on erroneous procedures, eh'ors of law or fact, or the discovery of new evidence which could, not be reasonably available at the prior hearing, may make a written request for reconsideration by the Administrative Hearing Examiner w-ithin five (5) working days of the date the decision or recom:mendation :is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Administrative Hearing Exanqiner may, after review- of the record, take further action as he or she deems proper. If a 8 Administrative Hearing Examiner request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued. 2.13.130 Appeal of decision. ... (1) Any party who feels aggrieved by the dec/sion or other final action of the Administrative Hearing Examiner may sub:mit m~ appeal within twenty-one (21) calendar days from the date the final decision of the Administrative Hearing Examiner is rendered to the Superior Court or to another desi~ated forum. (2) No appeal mav be made from a reconmaendation of the Administrative Hearing Examiner. 2.13.140 City Council action. (1) Any application requiring act:ion by the city council shall be taken bv the adoption ora motion, resolution or ordinance by the city council. When taking any such final gC[i~r~, the city council shall make and enter findings of fact fi'om the record and con.clusions them£rom, which support :its action. The ciW council ma,/adopt all or portions of the findings and conclusions fi-om the Administrative Hearin~ Examiner's reconmaendation. (2) The action of the city council, approving, modifying, or rejecting a recommendation of the Adnfinistrative Hearing Exmrfiner, shall be final and conclusive Appellants have twent,/-one (21) calendar days from the date of city com~cil action to file an appeal with. the superior court. 2.13.150 City administrative staff are to be considered a person or part3,.;. For the purpose ot!BMC 2.13.140 and B.M.C 2.13.150, the ci _ty's administrative staff shall be considered a "person" and/or "patty" and shall have the same fights as any other person or pm'ty to make requests for reconsideration to the Administrative Hearing Examiner or to appeal decisions of the Administrative Hearing Examiner to superior court: or to another desitnated fort~m. SECTION2. Bremerton Municipal Code Section 2.62.040 relating to the Municipal Court Hearing Examiner is amended to read as follows: 2.62.040 Judges pro tempore, Court Commissioners - Municipal Court Hearing Examiner. 9 Administrative Hearing Examiner Pursuant to RCW 3.50.090 the presiding municipal court judge may designate one or more persons as judges pro tempore to serve in the absence or disability of the elected or duly appointed judge of the court or in addition to the elected or duly appointed judge when administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. A judge pro tempore of Bremerton Municipal Court shall receive a salary for each hour in which the judge pro tem serves at a rate equivalent to the hourly salary of the Bremerton Municipal Court Judge. The municipal court judge may appoint one or more court commissioners under RCW 3.50.075. To utilize the services of judicial officers of the court for the purpose of hearing contested matters relating to the interest of the City and its citizens and the operation of various departments of the City, the c,£fi, ce c,'~Cmunicipal court hearing examiner is created in the municipal court. SECTION 3. Bremerton Municipal Code Section 2.62.045 relating to the Municipal Court Hearing Examiner is amended to read as follows: 2.62.045 Municipal Court Hearing Examiner - Procedure - Appeal. The municipal court hearing examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee. Appeals to the off'~e~fq4~municipal court hearing examiner from any final administrative decision covered by the provisions of this chapter shall be made within seven (7) working days from the date of appellant's notification of the decision. Date of mailing shall be considered date of notification. Appeals shall include the appellant's name, address and telephone number, the written decision being appealed and the municipal code section establishing the appeal. Appeals shall be accompanied by a filing fee, pursuant to Chapter 3.01, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings. Enforcement of the administrative decision being appealed to the municipal co'urt hearing examiner shall be stayed during the pendency of an appeal which has been properly and timely filed provided there is not imminent threat to the public's safety and welfare. 10 Administrative Hearing Examiner The municipal court hearing examiner's decision shall be final and conclusive unless the appellant or the City files for a Writ of Certiorari in Kitsap County Superior Court within thirty (30) days. Procedures of this section including filing fee, and appeal of the municipal court hearing examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. The municipal court hearing examiner shall have jurisdiction to hear and rule on complaints referred under the City's Code of Ethics, ~-iOe-~-Chapter 2.96 BMC, and to receive and rule on appeals of administrative decisions specified in the following Titles of the Bremerton Municipal Code: (1~:) Health and Sanitation, Title 6; (23) Animals and Fowl, Title 7; (34) Peace, Safety and Morals, Title 9; (4_5) Traffic, Title 10; (56) Municipal Utilities, Title 15 All references to heating examiner in Chapter 2.96 and these titles shall mean municipal court hearing examiner. SECTION 4. Bremerton Municipal Code Section 5.02.310 relating to business licenses is amended to read as follows: 5.02.310 Appeals. Any taxpayer aggrieved by the amount of the fee or tax found by the Treasurer to be required under the provisions of this chapter may file a written appeal with the ~ t~eadministrative hearing examiner pursuant to Chapter 2.13 BMC within seven (7) working days from the time such taxpayer was sent written notice of such amount. Such notice shall also contain the taxholder's appeal rights. The determination appealed from shall be regarded as prima facie correct. The examiner may reverse or modify an action of the Treasurer and ascertain the correct amount of the fee or tax due if the Treasurer's determination violates the terms of this chapter or is contrary to law. 11 Administrative Hearing Examiner SECTION $. Bremerton Municipal Code Section 5.02,360 relating to business. licenses is amended to read as follows: 5.02.360 Revocation of Business License Conditions. The Treasurer may revoke or suspend the business license issued to any person engaged in business activities within the City who is in default in any payment of any license fee or tax owed under Title 3 or 5 of the Bremerton Municipal Code; or who shall fail to comply with any of the provisions of this chapter; or where any licensee or employee of the licensee is engaged in any conduct which violates any state or local laws or ordinances at the licensee's place of business, and of which the licensee has actual or constructive note; or upon the recommendation of the county health department that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. In the event the Treasurer shall suspend or revoke the license, (s)he shall cause to be served upon the licensee an order by certified mail which states the reasons therefore and the licensee's appeal rights. Such revocation or suspension shall take effect seven (7) working days from the date of receipt of notice by certified mail fi.om the Treasurer unless the licensee files a written appeal with~_the administrative hearing examiner before the effective date of the Treasurer's administrative decision of reVocation or suspension. A licensee who has been licensed in the preceding license year may continue to engage in the activity for which the license is required, pending decision by the administrative hearing examiner, unless the Treasurer determines that a clear, substantial and imminent hazard to the health, safety, welfare, privacy or property of any person would result. The administrative decision appealed fi.om shall be regarded as prima facie correct. The ~h administrative hearine examiner shall hear the appeal pursuant to C .apter 2.13 BMC m~d may affirm or deny the Treasurer's decision to suspend or revoke a license. The decision of the administrative hearin~ examiner shall be final unless appeal of the decision is filedm~er~- ~ pursuant to Chapter 2.13 BMC. SECTION 6. Bremerton Municipal Code Section 5.03.070 relating to regulatory licenses is amended to read as follows: 5.03.070 Appeal to Hearing Examiner. ........................... ~v ......... The .Administrative Hearing Examiner shall have jurisdiction to receive and rule on appeals from applicants aggrieved by the City Clerk's decision to revoke 12 Administrative Hearing Examiner the regulatory license of a business or person licensed above after a written complaint has been · denied by the department. The administrative appeal under this chapter shall be conducted according to procedures of muaic~Chapter 2.13 BMC. SECTION 7. Bremerton Municipal Code Section 11.02.310 relating to right-of- way use permits is amended to read as follows: 11.02.310 Appeals. An applicant whose application has been denied or permittee whose permit has been revoked pursuant to this chapter must first request the Director to reconsider or reverse the decision. If the Director denies the request, the applicant or permittee may appeal the decision to the C-ity-Administrative Heating Examiner pursuant to Chapter 2.13 BMC~. SECTION& Bremerton Municipal Code Section 17.04.070 relating to uniform building codes is amended to read as follows: 17.04.070 Appeals -~^n~ Appeals of administrative detenrfinafions applying the Uniform Building Code, Uniform Plumbing Code, T,~,~,,_,~,;*'~ Fire. ,~-,,~,-,r~a~ Uniform Code for the Abatement of Dangerous Buildings and the Bremerton Housing Code shall be heard by the Administrative Hearing Examiner, w!:oae decision ahall, be finalpursuant to Chapter 2.13 BMC. SECTION 9. Bremerton Municipal Code Section 18.01.100 relating to the Uniform Fire Code is amended to read as follows: 18.01.100 Appeals Boards. Appeals of achninistrative determinations applying the Uniform Fire Code, City of Bremerton Fire Sprinkler Code, City of Bremerton Fire Alarm Code and City of Bremerton False Fire Alarm Code shall be heard by the Admin:istrative Hearing Examiner pursuant to Chapter 2.13 SECTIONIO. Bremerton Municipal Code Section 20.04.100 relating to short subdivisions and plats is amended to read as follows: 13 Administrative Hearing Examiner 20.04.100 Procedure Appeal to Administrative Hearings Examiner. Any per~onapplicant aggrieved by the decision of the planning director may request a r-evi, ewan appeal of that decision, byto the Administrative Hearing Examiner. Such ~:equestappeal must be in writing on a form to be provided by the City and delivered to the Planning Department, with the applicable appeal fee, within five (5) working days from the date of the Planning Director's Decision. Such appeal shall be heard by the Administrative Hearing Examiner pursuant to Chapter 2.13 ~/~c~"'-t~" ~ ............ ~, ...... ,.,.,.~;~'~r~ c~... ;.~.-; .... SECTIONll. Bremerton Municipal Code Section 21.02.040 relating to land use decisions is amended to read as follows: 21.02.040 Basis for Discretionary Decisions. Goals, policies and objectives contained in the Bremerton Comprehensive Plan and other adopted documents that have been incorporated into this code by reference, shall be used for guidance by City staff, ~Lhe Administrative ~' -'- , Hearln~gEx' ' .. +~.~-m ...... '. o ~ ~ .... ;~.' · ~ mmne~_~ ......... ~.n.~ Ce ............. ~o~, and the City Council when processing applications and making discretionary land use decisions. SECTION 12. Bremerton Municipal Code Section 21.02.060 relating to zoning of annexed properties is amended to read as follows: 21.02.060 Zoning Upon Annexation If annexed property has not previously received a zoning designation as part of comprehensive planning under RCW 35.13.177 and 178, the annexed property shall be administratively assigned provisional zoning under the City designation most similar to the former County zoning. A P~'~-mbag-Ce-~amssio~.hearing to review provisional zoning shall be conducted by the Plmming Commission or Administrative hearing examiner, as applicable, within sixty (60) days under procedures for rezone petition at no cost to the property owner. SECTION 13. Bremerton Municipal Code Section 21.02.070 entitled "Definitions" is hereby amended by adding a definition for Administrative Hearing Examiner to be inserted in said section in alphabetical order and to read as follows: 14 Administrative Hearing Examiner ADMINISTRATIVE HEARING EXAMINER. A person appointed pursuant to Chapter 2.13 BMC to review and interpret land us regulations; conduct hearings, render decisions, and make recommendations on land use applications; hear appeals from administrative orders., recom:mendations, permits, decisions or determinations made by a city official as set forth :in this Chapter; and to review and hear other matters as provided for in the Bremerton iMunicipal Code and other ordinances. The term "administrative hearing examiner" shall likewise include the examiner pro rem. As used in this Chapter, "Adlni~zistrative Hearing Examiner" shall not mean the Municipal Coull Hearing Examiner established pursuant to Chapter 2.62 of the Bremerton iMunicipal Code. SECTION 14. Bremerton Municipal Code Section 21.02.070 entitled "Definitions" is hereby amended by amending the definition of Special Use Permit to read as follows: SPECIAL USE PERMIT. A permit which must be acquired before a land use that is listed in the Land Use Tables as "SLIP", and not permitted "outright", can be constructed or approved in those zones. Some uses that are not listed at all in the Land Use Tables may be approved by the Planning Commission through the SUP process. SECTION 15. Bremerton Municipal Code Section 21.02.150 relating to unlisted uses is amended to read as follows: Section 21.02.150 UNLISTED USES. (a) Any land use that is NOT mentioned in Figure 120 or Figure 140 shall be considered an "Unlisted Use". (b) If the Unlisted Use is clearly similar to a use that is listed in Figure 120 or Figure 140, the Director may make a written administrative determination as to which zone(s) and through which approval process the Unlisted Use may be permitted. (c) If the Director finds no similar uses already listed, finds the proposed use to be sensitive or controversial, finds the use to have potentially adverse impacts, or is unable to arrive at a clear administrative determination, the requested use shall be considered for approval by the Plann~ng Com~ni:,sionAdministrative Hearim4 Examiner through the Special Use Permit process. 15 Administrative Hearing Examiner SECTION 16. Bremerton Municipal Code Section 21.02.160 relating to front yards is amended to read as follows: Section 21.02.160 FRONT YARDS. (a) Through Lots: Through lots have two (2) front property lines with a front yard on each of two parallel or approximately parallel streets. (1) Each front yard shall be subject to the front yard setback reqUirements of its zone. (2) The Director may ~"~ ................ ,~ ............. : ....~, ....... ~> designate one street frontage a Rear Lot Line, provided the following are tree: i. More than one contiguous lot is involved, unless the entire frontage consists of one property; ii. The majority of the lots and/or structures within the block or other area being considered are clearly oriented in a similar direction away from the side being considered for designation as the Rear Lot Line. (3) Orientation of the lot or structure shall be considered and the portion of a lot facing views or waterfront may be considered the parcel's Front Lot Line, in which case the property's only street frontage could be designated its "rear". (b) Comer Lots: All lot lines abutting public streets are considered to be front lot lines and front yard setbacks shall apply. A comer lot having frontage on more than one street will have more than one front yard area, the depths of which will be determined by the front setback requirement of that zoning district. Refer to the illustrations in Figure 070(c) for further clarification. 16 Administrative Hearing Examiner (c) Intrusions into Required Setbacks: Structures shall abide by the required front yard setbacks except as follows: (1) Eaves, cornices, awnings, bay windows, architectural appendages, fireplaces, chimneys and permitted signs may project not more than two (2) feet into the front yard setback; (2) Front yard setback requirements shall not apply to decks, platforms, and porches that do not exceed thirty inches (30") in height above the finished grade; except that raised decks, high or enclosed porches, balconies or similar architectural appendages that extend more than thirty inches (30") above finished grade may project not more than six feet (6') into the front yard setback. (3) Fences, free-standing walls, steps, walks, and driveways. SECTION 17. Bremerton Municipal Code Section21.02.300 relating to mineral resource extraction provisions is amended to read as follows: Section 21.02.300 MINERAL RESOURCE EXTRACTION PROVISIONS. (a) Purpose: (1) To preserve opportunities for mineral extraction by establishing performance standards to mitigate the impact of such uses. (2) To protect the health, safety, and general welfare of the public by establishing performance standards for the operation of extractive industries and for the appropriate reclamation of the site. (b) Allowable Location of Mineral Extraction: The removal for purposes of soil, sand, gravel, quarried stone, or ore may be allowed in any zoning district by a special use permit. (c) Review for Special Use Permit: In addition to standard application requirements, the owner or agent of the quarry shall submit to the Planning Department copies of all documents submitted to the State of Washington Department of Natural Resources. (d) Performance Standards: (1) A non-climbable fence, a minimum of eight (8) feet in height, shall be installed around any mineral extraction site and all of its accessory operations. 17 Administrative Hearing Examiner (2) When property is adjacent to developed residential property, streams, lakes, or public rights-of-way, a view-obstructing screen of vegetation at least four (4) feet in height at planting and attaining not less than eight (8) feet in height within three years shall be planted. When conditions of soil and terrain make landscaping impractical, a fence eight (8) feet or wall providing a complete visual barrier shall be installed. (3) Upon termination of quarrying operations at any pit that exceeds a depth of five (5) feet, either the pit shall be back filled to a minimum slope of one (1) foot vertical, to one (1) foot horizontal; or a non-climbable eight (8) foot fence shall be erected and maintained around the pit m ..... : .... ,~ ....:~.~,: ............. ,~;,~ ~,.,~ ..... : ...... ,., ...... ~,., .... ,.~ .... c (4) Required minimum distance from adjacent property that is developed shall be in accordance with the following: Parks, Recreational, Facilities, Residential, Commercial, or Environmentally Industrial Sensitive Lands Land Uses To structural 100 feet 20 feet edge of pit, excavation, or stockpiling of materials. To crushing 300 feet 200 feet of rock, processing of stone, gravel or minerals. To any Determined 400 feet blasting, on a case by case basis. 18 Administrative Hearing Examiner (5) When a pit exceeds a depth of twenty (20) feet, all dense undergrowth shall be removed fi.om the soil cover for a distance of fifty (50) feet from the edge of the pit. (6) Neither smoke, dust, dirt, fly ash, other airborne particulate matter, toxic or odorous gasses, liquid or solids shall be emitted in quantities from a quarry site as to adversely affect adjacent property. (7) BMC 6.32 shall be observed. (8) A landscaping and site reclamation plan shall be required to restore the site after quarrying activities are completed. SECTION 18. Bremerton Municipal Code Section 21.02.330(0 relating to prohibited signs is amended to read as follows: (f) Prohibited Signs: The following signs are prohibited within the City limits of Bremerton and shall be subject to removal through amortization or other means: (1) Strobe lights and signs containing strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than two second intervals, and time/temperature signs are exempt from this provision. (2) Signs placed or painted on any motor vehicle or trailer that is not operable and routinely used to transport or provide the goods or services being advertised, or that is parked with the primary purpose of providing a sign that would not otherwise be allowed. (3) Any private sign placed within a public right-of-way, on a public sidewalk, or overhanging a public right-of-way; except that signs overhanging a public sidewalk may be permitted if there is a minimum of eight feet of vertical clearance between the sidewalk and bottom of the sign. (Publicly-owned or installed signs not included). (4) Any sign that is determined by ~ r-;,,, police .,,-c,~ ....................... z ........... the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement. (5) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees, or other plant materials. 19 Administrative Hearing Examiner (6) Bench signs, when installed within the public right-of way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. (7) Portable signs within any public right-of-way, and when obstructing a pedestrian walkway, bikeway, or driveway on private property. SECTION 19. Bremerton Municipal Code Section 21.02.350 relating to PUD applications is amended to read as follows: 21.02.350 Outline of the PUD Process A PUD application is reviewed by the City in a two-part process; review of a preliminary plan, followed by review of a final plan. The purpose of this process is to minimize development costs prior to a City determination of the acceptability of the preliminary plan for a PUD. (a) Part I: The steps involved in the Preliminary Plan review are: (1) City staff and applicant discuss concept at pre- application conference. (2) City staff conducts neighborhood meeting, if required by the Director, to discuss the concept plan. (3) Applicant submits Preliminary PUD application. (4) City staff conducts technical review of the proposed PUD plan and prepares staff report. (5) '~'~ ....... : ..... ............. s Commiss:ion Administrative Hearin. oz Examiner reviews the proposals, as presented in the staff report and accompanying documentation and conducts ~en Hpre-decision public hearing..pursuant to Chapter 2.13 BMC.: (6) P4am~i-i~---~?~uyimis~ou Ad m i ni arati ye Hearing Examiner makes recommendation for City Council action. (7) City Council eenducts~d, ecision publk- 5cm'ing ~md-makes closed record decision on the Preliminary PUD Plan. (b) Part II: The steps involved in the Final Plan review are: (1) Applicant submits Final PUD application. (2) Director takes action on the Final Plan. 20 Administrative Hearing Examiner (3) Plans that .include a rezone, combination of zones, subdivision, or other matters that require City Council approval will go to the City Council for final action consistent with the initial PUD decision. (4) Record with Kitsap County Auditor. SECTION20. Bremerton Municipal Code Section 21.02.390(c) relating to PUD applications is amended to read as follows: (c) No response within the given time frame, when a response is necessary, may delay scheduling of the public meeting on the application before the Planning Co':'nmiss:ionAdministrative Hearin,4 Examiner. SECTION2L Bremerton Municipal Code Section 21.02.400 relating to PUD applications is amended to read as follows: 21.02.400 .Pl. mming-CommissionAdministrative Hearing Examiner I Recommendation After technical review of the proposal, the P-ta~h-i~gK?. m~-~iss/o~ Administrative Hemdng Exazminer shall conduct m~ open record public hearing to consider the Preliminary iPUD and any su;bdivision, rezone, combination of zones, or other matters that require Council approval. After tim hearine the Administrative Hearing~ Examiner shall prepare findings and conclusions for the C. ouncil's consideration, sl3.all recommend~ City Council approval, approval with conditions, or denial of the Preliminary PLID proposal. -T4h,+-he-am~.~mtt-be~ad-v~i:sedd,¥aec-e. vd~a~ee-~4t~h iBMC 24 .-02.3 8(-):. SECTION 22. Bremerton Municipal Code Section 21.02.410 relating to PUD applications is amended to read as follows: 21.02.410 City Council Action · ~- (~Afler eo~ad.t, et:~:g{h~pu-b:he'bea~4n~m:&considefing the reco~nendations of the ~h~m.u~omAdministrative Hearimz Exmniner and the record, the City Council 21 Ad~nistrative Hearing Examiner shall approve, approve with. conditions, deny or remand the Preliminary PUD plan. Written Findings of Fact and Conclusions of Law shall support the Council's decision. (b_e) Action on the Preliminary PUD Plan shall include the overall layout, circulation, and densities as a guide to preparation of the Final Plan which will be processed administratively. SECTION 23. Bremerton Municipal Code Section 21.02.420 relating to PUD applications is amended to read as follows: 21.02.420 Appeal to Superior Court Any party of record may init/ate an appeal-of the City Council's decision to Superior Court within twenty-one (21) calendar days of the Council's decision in accordance with the SECTION24. Bremerton Municipal Code Section 21.02.450 relating to PUD applications is amended to read as follows: 21.02.450 Appeal of Director's Determination. (a) Any party of record may appeal to the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC, the determination of the Director that the Final PUD Plan, including any minor amendments, is not in conformance with the Preliminary Plan that was approved by the City Council. Written notice of appeal must be filed w¥Cithin fourteen (14) calendar days from the date of the Director's determination, ~ .... ':~ ..... ,:~ ~c ......~ ...................... m, ...... to the ............................... , ................ ~ ....led. (b) The hearing examiner shall uphold or reverse the Director's determination. The decision of the hearing examiner shall be final. The Director's determination of lack of substantial conformance, or subsequent ratification of that determination by the hearing examiner shall require the PUD applicant to bring the Final Plan into substantial conformance with the Preliminary Plan, or submit a new Preliminary Plan. SECTION 25. Bremerton Municipal Code Section 21.02.490(d) relating to open space development standards is amended to read as follows: (d) Open Space: 22 Administrative Hearing Examiner (1) A minimum of fifteen percent (15%) of the total area ora PUD shall be dedicated as common open space. Open space shall be provided for active as well as passive recreational activities, and for the preservation of existing natural site amenities whenever possible. Open space shall not include: i. Streets, alleys, and other rights-of-way. ii. Vehicular drives, parking, loading and storage areas. iii. Required buffering and landscaping for parking areas; nor iv. Perimeter setback areas of the PUD project. v. Interior setbacks that may be required to separate buildings or that apply to buildings on individual lots within the PUD. vi. Small remnants of land that are not physically, visually, or functionally related to the project's overall open space plan. (2) Open space and supporting facilities intended for recreational use shall be designed and located to not adversely impact surrounding land uses, especially existing residential uses. (3) Open space and its intended uses shall be clearly designated on the site plan. At least two-thirds of the open space area shall be suitable for active recreational purposes. The City will base its acceptance of these areas on their dimensions, useability, location, slope, and physical improvements. Tot lots, playgrounds, picnic areas, sports courts, and open grassy multi-purpose fields are examples of active open space areas, whereas a steep slope natural area traversed by a hiking trail might be considered partially active but mostly passive. (4) The locations of natural site amenities shall be considered when planning for open space, siting buildings and other structures, routing underground services, and determining finished grade levels and areas to be paved. Natural amenities might include rock out-croppings, ravines, groves of trees, ponds or streams. Up to one-third (1/3) of property intended to satisfy the open space requirement can be unsuitable for recreational purposes if consisting of existing natural site amenities. (5) When a PUD is constructed in phases, common open space shall not be less than fifteen percent (15%) of the total area developed in each phase and must be 23 Administrative Hearing Examiner completed in accordance with approved specifications at the time of completion of each phase of the PUD. (6) Provisions shall be made for the perpetual maintenance of all common open space areas. (7) The total requirement for active open space may be reduced by no more than twenty-five percent (25%) through the provision of a recreation building, swimming i il aj ti ility th ..... ~ pool, orsm arm orrecrea onalfac at,,..m.,,~pu ..... ,.c,-,.~m,,...,;..,~c, ............ will better provide for the needs of the residents without significantly detracting from the project's appearance or environmental quality. SECTION 26. Bremerton Municipal Code Section 21.02.700(b) relating to landscaping of one or two-unit developments is amended to read as follows: (b) No landscaping provisions are required for any residential development consisting of one- or two-unit structures, except by PUD, special use permit or plans-in-lieu of the 'underlying zoning requirements, or as require~ ~--'~,j "~,.~,~ P!avmin~,~ Con~nii~sion· ,~'-'~ I%~ r~;., :,~: SECTION27. Bremerton Municipal Code Section 21.02.830(b) relating to amortization of non-conforming uses is amended to read as follows: (b) Initiation of Amortization: (1) An amortization action may be initiated by the Director of the Adlnhfistrative Hearing Examiner. (2) The City Council shall approve a proposed amortization action prior to any notification or other action. SECTION28. Bremerton Municipal Code Section 21.02.830(f) relating to appeals of the Directors decision regarding non-conforming uses is amended to read as follows: (f) Appeal of Director's Determination: 24 Administrative Hearing Examiner (1) An appeal to o__fthe Director's determination may b.e made to the Planni~mmission~.d.j_n.i_B'i~_s_t.'.r_~_tjx~.~..H_.~3rj_r.!g_~:_~5.a.~j~!!~r pursuant to Chapter 2.13 BMC-/-n :,, 13,!s,,,~ 2 ....... ~ witlnn fourteen (14) days of issuance of the Directors decisio:n. (2) The :[q:a:n:ni:l-~f~:omm:issionAdm:inistrative Hearina Examiner shall sustain the decision of the Director if, following a public heahng, it dete~ines ~at one or both of the following conditions apply: (i) That the nature of the use is such tha it c~ be altered or te~inated so tha the prope~y c~ be used in confo~ance with the uses pe~iXed in the zone in which it is located; or (ii) That the nonconfo~ing use is detfimemal to the public health or safe~, or is a public nuisance. SECTION 29. Bremerton Municipal Code Section 21.02.840 relating to Type I land use applications is amended to read as follows: (a) Actions: The following permits and approvals involve direct application of adopted codes and standards with many of the decisions made 4mmed4aetgadministrativelv at the customer counter. Pursuant to RCW 36.70B 1.40, the City has determined that these permits and approvals present special circumstances that warrant a different review process, as described in subsection (b) herein and, therefore, are excluded fi.om project permit review under Chapter 36.70B RCW. This different review process applies onl'v when the following permits m~d approvals are either categorically exempt or where environmental review has been completed in connection with other project pernfit applications. The deci~ion,~ are admini~trative ........ s ...... S~gn permits. (deleted) (2) Home occupation.* (*deleted) (3) Land uses permitted outfight. ¢53(4)Boundary line adjustment.*: ¢)(5) Minor amendment to approved PUD. 25 Administrative Hearing Examiner (-7--)(6) Minor amendments to other permits. (-8-)(7) Temporary emergency wetland or stream permits.-* (*deleted) (8) ~_,~,,~m~D~^, exempt:* Clearing less than 2 acres. (9) Grading less than 100 cu. yds. (10) Landscape plan. (11) Site Plan Review.** (12) Recreational vehicle 90-day permit. (13) Building permits.** (b) Review Procedure: The above permits and approvals are not subiect to the requirements for determination of completeness, consolidated permit processing, notice of decision, and 120 day processing requirements as set forth in BMC 21.02.870, BMC 21.02.895, and Chapter 36.70B RCW. * A boundar~ line adjustment is not a land use permit or approval decision under this Chapter but is only reviewed in conjunction with a related land use application. ** Denotes land use applications that are subject to the determination of completeness and 120-day processing requirements. (c) (b) Final decision: The Director's decision shall be final. (d) (c) Appeal: Type I decisions may be appealed to the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC within fourteen (14) calendar days from the date of the decision. The hearing examiner will conduct an open record appeal hearing. (See Figure 840). SECTION30. Bremerton Municipal Code Section 21.02.845(a) relating to Type II land use applications is amended to read as follows: (a) Actions: The following permits and approvals require limited public notice. Pre-decision comments are encouraged and the Director may 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) ~ Env. Area Determination. 26 Administrative Hearing Examiner (6) Administrative Special Use Permit. (,7.8) Design Review, (exempt from 120 day processing requirement) (?) Plan or Code Interpretation, (~-14)) Minor alteration of approved plat. (See Figure 840)_. SECTION31. Bremerton Municipal Code Section 21.02.845(d) relating to Type 1I land use applications is amended to read as follows: (d) Appeal: Type II decisions may be appealed to the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC within fourteen (14) calendar days from the date of decision. The hearing examiner will conduct an open record appeal hearing. SECTION 32. Bremerton Municipal Code Section 21.02.850 is hereby repealed in its entirety and there is hereby created a new section 21.02.850 of the Bremerton Municipal Code relating to Type Ill land use applications, to read as follows: 21.02.850 Type 1II Administrative Hearing iExaminer Decisions. (a) Actions: The following actions may be approved, approved with conditions, or denied, or remanded by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC following an open record public hearing, unless noted otherwise. (1.) iFinal Subdivision iPlat. (2) Variance. (3) Non-administrative Special Use Permit. (e) Decision Format: Type III decisions shall be made in writing supported by findings of fact and conclusions of law. (f) Final Decision: Type lI[ decisions are made by the Administrative Hearing Examiner and are final when issued for purposes of appeal. (g) Appeal: Type IH decisions may be appealed to Superior Court within the twen.D~-one (21) calendar days following the date of issuance of the decision. 27 Administrative Hearing Examiner SECTIONS3. Bremerton Municipal Code Section 21.02.855 is hereby repealed in its entirety and there is hereby created a new section 2t.02.855 relating to Type IV land use applications, to read as follows: 21.02.855 Type IV City Council Decisions. (a) Actions: The :foil. owing actions may be approved, approved with condi~tions, denied, or remanded bv the City Council following m~ open record pre-decision public hearing by the Administrative Heating Examiner pursuant to Chapter 2.13 BMC, unless noted otherwise. Public notice is required for Type IV actions. Recormr~endalions will be provided by the Administrative Hearing Examiner to the City Council following a public heating. Staff may conduct additional neighborhood meetings when required or when otherwise warranted by the Director for public intbrmation or data gathering purposes. An asterisk (*) denotes actions that are exempt fro:m the 120-day permit processing require:merit. (1.) Preliminary Subdivision Plat. (2) Vacation of existing subdivision. (3) Plarmed Unit Development (PUD). (4) Major amendment to a PUD. (5) Binding Site Plan. (6) Rezone for specific properties or small area. (7) Development Agreement. * (b) Decision Format: Type IV decisions shall be made by motion, resolution, ordinance, or other form. appropriate to that particular decision and suitable for recording. (c) Final Decision: Type IV decisions are made by the City Council fbllowing the Administrative Hearing Exmrfiner's open pubic hearing and are final when issued for purposes of appeal. (d) Appeal: T~e IV decisions may be appealed to Superior Court within the twenty-one (21) calendar day appeal period, or on the effective date of the ordinance, whichever is longer. 28 Administrative Hearing Examiner SECTION34. Bremerton Municipal Code Section 21.02.860 relating to shoreline permits is hereby recodified as 21.04.100 BMC and is further amended to read as follows: Section 21.02.8,6~04.100 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 hearings 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. (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 the local shoreline permit decision may be filed with the Administrative Hearing Examiner ~irst pursuant to Chapter 2.13 BMC as provided herein, with a second appeal to the Shoreline Hearings Board (SHB), or may be filed directly with the SHB. 29 Administrative Hearing Examiner (1) Decisions on Substantial Development Permits maybe appealed to the Administrative Hearing Examiner within fourteen (14) calendar days of the date of the decision, and considered in an open record appeal heating, or (2) Those decisions listed in (d)(1) above or the Administrative Hearing Examiner decisions on appeals of earlier decisions, may be appealed to the Shoreline Hearings Board by filing a Petition for Review within twenty-one (21) calendar 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 Hearing Board per RCW 36.70A.250 through 320. (4) Appeals to the hearing examiner shall be decided within (30) thirty calendar days of the filing date. Appeals to the Shoreline Hearings Board will be decided within 180 calendar days. SECTION $ 5. Bremerton Municipal Code Section 21.02.870(h) relating to processing of land use applications is amended to read as follows: II_,-a EI and (h) Notice of Application: This notice shall be issued for Type ,. ,,,-6 IV project permit applications, within 14 days of the Determination of Completeness. It is not required for Type I ,~. P/applications, nor for other exempt project permits. (See .-~.: t,, ~ tmg~ure 89S(32) SECTION 36. Bremerton Municipal Code Section 21.02.870(i) relating to processing of land use applications is amended to read as follows: (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 ~ Gem~m~i:~s~iom-Administrative Hearina Exan~iner, neighborhood organization, or other appropriate body. SECTION 3 7. Bremerton Municipal Code Section 21.02.870(i)(c) relating to processing of land use applications is amended to read as follows: 8.:)5(a, (c) Notice: Shall be posted in accordance with Figure .~ ,..k,.~.._,..,,,...,kt.,]~._,1. 3O Administrative Hearing Examiner SECTION 38. Bremerton Municipal Code Section 21.02.870(k) relating to processing of land use applications is amended to read as follows: (k) Notice of Public Hearing: Notice for all applications that require a public hearing 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 Figure 895(a)Sectio~ SECTION 39. Bremerton Municipal Code Section 21.02.880 relating to public heatings is hereby repealed in its entirety. SECTION 40. Bremerton Municipal Code Section 21.02.890(a) relating to decisions on land use applications is amended to read as follows: (a) Final Decision on all Type tx, H, axed 1II, and iV decisions shall be made within 120 days of the City's acceptance of a complete application, unless otherwise exempted fi'om the 120 da~quirement: (Issuance of a Determination of Completeness is not necessary for Type I applications.) SECTION 41. Bremerton Municipal Code Section 21.02.890(b)(1) relating to decisions on land use application is amended to read as follow: (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, .-p~ SECTION 42. Bremerton Municipal Code Section 21.02.900(e)(2) relating to development agreements is amended to read as follows: (2) A development agreement shall be approved as a Type I~<~t~;I decision by the City Council following an open record public hearing by the Administrative Hearin~ Examiner. 31 Administrative Hearing Examiner SECTION 43. Bremerton Municipal Code Section 21.02..905(c) relating to special use permits is amended to read as follows: (c) Procedure: A c.~;.,~ T~ O~.~ ' , ........ ~; ........ ~ ........ :~. ~ Administrative S~ does not require a public being ~d is processed as a T~e fl application. A S~ that may have si~ificant impacts beyond the immediate site, tha is of neighborhood or co--unity-wide interest, or that may be of a sensitive or controversial nature, may be classified a Non-administrative S~ by the Director and processed as a T~e ~ application. The Director may convert a T~e H SUP applicai, on to a T~e III SUP application at any time prior to a decision on the application. SECTION 44. Bremerton Mtmicipal Code Section 21.02.910(c) relating to variance is amended to read as follows: (c) Procedure: A Variance is processed as a 'I'slpe HI decisionin accordance SECTION 45. Bremerton Municipal Code Section 21.02.915 relating to special exception from development regulations is hereby repealed in its entirety. SECTION 46. Bremerton Municipal Code Section 21.02.920(b) relating to rezones is amended to read as follows: (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. .~ r,;,.., r- ...... ;~ may (2) City: The Bremerton Planning Commission a ..... ~ .......... initiate an area-wide R_rezone upon passage of a .... ~'"'~ .... c ;,, .... , SECTION47. Bremerton Municipal Code Section 21.02.920(c) relating to rezones is amended to read as follows: 32 Administrative Hearing Examiner (c) Procedure: (1) A single-parcel or small area rezone is a quasi-judicial action that is processed as a Type_ IV decision pursuant to Section 21.02.855. in accor~-,:!m~ce with tJae SECTION 48. Bremerton Municipal Code Section 21.02.925(a) relating to development regulation amendments is amended to read as follows: (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 amendments to the Zoning Map, Shoreline Master Program, Sensitive m,-~ tx r legislative decisions and exempt from the Areas Ordinance, and others. These are ~ .,v,- ~ · processing, timing, and other requirements for quasi-judicial permits. SECTION 49. Bremerton Municipal Code Section 21.02.925(b) relating to development regulation amendments is amended to read as follows: · ~,~ ............ , ,,~ .... .~,, ......... Any interested party may initiate an amendment to a development regulation: SECTION 50. Bremerton Municipal Code Section 21.02.930(0(3) relating to site plan reviews is amended to read as follows: (3) An administrative decision on a Site Plan may be appealed to the .......... ~ .... ~ .... ~,o~,,mAd.m~nistrat~ e Hearin~ Examiner pursuant to Chapter 2.13 BMC. 33 Administrative Hearing Examiner SECTION 51. Bremerton Municipal Code Section 21.02.935(a) relating to appeals is amended to read as follows: (a) Finality of Decision: %-) Those land use and development decisions that are subject to administrative appeal shall become final unless an appeal is filed within the des ated time to file the appeal, fourteen SECTION 52. Bremerton Municipal Code Section 21.02.935(b) relating to appeals is amended to read as follows: , ~}~v ......... Appeal of Decisions: Unless othe~vise provided, appeals to the Administrative Hearing Examiner must be filed within fo~een (14) calendar days of the administrative decision and appeals to Superior Coul~ must be filed wi~i.n ~e:nW-one (21) calendar days of tine decision of the Administrative Hemng Examiner or the CiW Council as applicable. SECTION 53. Bremerton Municipal Code Section 21.02.935(c) relating to appeals is amended to read as follows: (c) Pa?Jes .......... Standing to Appeal: 34 Administrative Hearing Examiner (1) Except for Type I decisions, oOnly parties of record mayhave standing to initiate an appeal to +,.=~.,~ ,u~'~,~,,~,,~ ~' .... ~.,.;-~.~. ~ ~,~ ! ~,.~ ~. P~ies of record shall include: ~(i) The applic~t. ~(ii) ~yone who p~icipated in a pub~c meeting on the application. ~(iii) ~yone who submi~ed wfi~en co~ents conce~ng the application (excluding persons who have only si~ed petitions or mechmcally produced fom~ le~ers). (2) Only applic~ts of l~d use applications have st~d.ing to appeal T~e I decisions on such applications. SECTION 54. Bremerton Murficipal Code Section 21.02.935(d) relating to appeals is amended to read as follows: (d) '~:~^....o. +~,,, ....,,~:~ Filin ~ an Appeal: An ~must be delivered to m~d received by ~e Dep~ent of Co~u~ Development (DCD) by mail, personal deliver, or by F~ before 5:00 PM on ~e last bus,ess day of the appeal period. (see: Computation of Time, section (~ below). SECTION 55. Bremerton Municipal Code Section 21.02.945(c)(2) relating to violations of the Zoning Code is amended to read as follows: (2) An order shall be obeyed immediately, notwithstanding the filing of an appeal to hearing examiner pursuant to Chapter 2.13 BMC must be fi. led within fburteen (14) calendar days following posting of the cease and desist order or as othem, Sse stated in the order. SECTION 56. Bremerton Municipal Code Sections 21.02.945(d) relating to violations of the Zoning Code is amended to read as follows: 35 Administrative Hearing Examiner (d) Revocation: (1) A revocation action may be initiated by the Director of Community Development. P, provided, final action shall not be taken by the Director of Community Development until after a public hearing is held. (2) The Administrative Hearing Examiner may revoke a variance, administrative variance, special use permit or administrative special use permit. SECTION 57. Bremerton Municipal Code Section 21.12.200(e) relating to SEPA substantive authority is amended to read as follows: (e) Applications not requiring a final decision by the City_Council that are conditioned or denied on the basis of SEPA by a nonelected official, shall be appealable to the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. Such appeal may be perfected by the appellant by giving notice to the responsible official within ten (10) days of the decision being appealed. The hearing before the Heating Examiner shall be an open record appeal. However the decision of the SEPA Official shall be presumed correct. SECTION 58. Bremerton Municipal Code Section 21.22.140(a)(2)(ii)(3)(B)(ii) relating to wetlands is amended as follows: (ii) The m .... :.,.~. ~ · ' · ............ s ,_,omm~,~,~on Administrative Hearmt~_~al__Bjne,~t.~ pursuant to Chapter 2.13 BMC issues a decision (permit) specifying conditions of approval, and SECTION 59. Bremerton Municipal Code Sections 2.12.090 through 2.12.140 relating to comprehensive plans are hereby recodified as Chapter 21.06 of the Bremerton Municipal Code and amended as follows: Chapter 21.06 COMPREHENSIVE PLANS gA4Ag)021.06.010 Pmverr, Prod Dat':er, Comprehensive Plans - Generally. The planning commission may recommend to the 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 36 Administrative Hearing Examiner 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 the 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 the council the adoption of a plan for the disposal of hazardous waste. ........ 21.06.020 Comprehensive Plan - Objectives. 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 obi ectives shall include encouraging the most appropriate use of land throughout the municipality, lessening traffic congestion and accidents, securing safety fi:om 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 groundwater used for public water supplies. 2.!2.11~21.06.030 Comprehensive Plan - Recommendations Of Commission. 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, divisions, 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 shall hold at least 37 Administrative Hearing Examiner 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 amendment, 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. 2.12.!2921.06.040 Restrictive Districts. The planning comrnission may recommend to the city council that the municipality be divided into districts in order to further any of the articulated public welfare zoning objectives set out in this chapter. 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. .......... 21.06.050 Comprehensive Plan - Amendments, Supplementations Or Modifications. (a) The planning commission may propose amendments, supplementations or modifications of the comprehensive plan or planning regulations to the council. The planning commission should first conduct a hearing pertaining to the proposal. (b) The planning commission may consider proposed amendments, supplementations or modifications of the comprehensive plan or planning regulations. The planning commission should conduct a hearing about such proposals and report its recommendation regarding the proposal to the council within ninety days of the time that the proposed amendments, supplementations or modifications were entertained before the planning commission. The council, pursuant to a public hearing, may affirm, modify, or disaffirm any such recommendation of the planning commission. gA-2A4021.06.060 Ratification By Council - Appeal. The planning commission may recommend to the Council the adoption of comprehensive plans and regulations for the physical development of the City. Such recommendations must be ratified by the Council before the plan or regulation becomes effective. 38 Administrative Hearing Examiner SECTION60. Bremerton Municipal Code Section 21.02 Appendix Figure 840 is hereby repealed and there is hereby created a new Appendix Figure 840 as set forth in Exhibit A attached hereto and by reference incorporated herein. SECTION 61. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a) is hereby repealed and there is hereby created a new Appendix Figure 895(a) as set forth in Exhibit B attached hereto and by reference incorporated herein. SECTION 62. The provisions of this Ordinance shall apply to all applications for which a required hearing has not yet been held as of this Ordinance's effective date. SECTION 63. Severability. 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. SECTION 64. Effective Date. This ordinance shall take effect and be in forcc~ ten (10) days fi:om and after its passage, approval and publication as provided by law. APPROVED by the City Council the /74~/ dayof )~/~f~;/ ,2002 PASSED by the City Council the o~ ~ day of ~ ,2002 CAROL ARENDS, Council Presidem Approved this ~ day of ~~, 39 Administrative Hearing Examiner ATTEST: APPROVED AS TO FORM: KATHLE-EN MCCLUSKEY, 01ity Clerk '/R0t~ER A. ~UBOVICH, City At~F6~y PUBLISHED the ~O~I) day of /'f~~ ,2002 EFFECTIVE the~day of ~ ,2002 ORDINANCE NO. q~Tqaa R:~LEOAL\0rdinances~Hearing Examiner Ordinance-new.doc 40 Administrative Hearing Examiner EXHIBIT A PERMIT PROCESSING SUMMARY Figure 840 Administrative Hearing Examiner Hearing Examiner City Council DECISIONS Decision Open Hearing and Pre-Decision Closed Record Decision Open Hearing Decision Recommendation Type I Decisions (without notice) BMC 21.02.840 · Sign permits * * (on appeal) · Home occupation * * (on appeal) · Land uses permitted outright * * (on appeal) · * (on appeal) · Boundary line adjustment · Minor amendment to approved PUD * (on appeal) · Minor amendments to other permits * * (on appeal) · Temporary emergency wetland or * * (on appeal) ~troam permits · Clearing less than 2 acres * * (on'appeal) · Grading less than 100 cu. yds. * *(on appeal) · Landscape plan * * (on appeal) · Site Plan review * * (on appeal) · Recreational vehicle 90-day permit * * (on appeal) · Building Permits * *(on appeal) Type II Decisions (notice required) BMC 21.02.845 · Short Subdivison * *(on appeal) · SEPA Determination * *(on appeal) · Wetland orstream assessment * *(on appeal) · Wetland orstream development * *(on appeal) permit . · Env. Area Determination *(on appeal) · Administrative Special Use Permit * *(on appeal) · *(on appeal) · Design Review * *(on appeal) · Plan or Code Interpretation * *(on appeal) · Minor alteration of approved plat Type III Decisions BMC 21.02.850 · Final Subdivision Plat * · Variance * · Non-administrative Special Use Permit * Type IV Decisions BMC 21.02.855 · Preliminary Subdivision Plat * * · Vacation of existing subdivision * * · Planned Unit Development · Major amendment to a PUD · Binding Site Plan . . · Rezone for specific properties or small area . . · Development Agreement Tithe 21 Appendix p@laadde Jl saA so,k ON ON ON paleadde il sax sax ON sex sax pgleadde il soA soA ON ON ON 'u!~JoloQ eoJv 'Au3 poleodde Jl soA saseo omos ON ON saA uo!ieu]~J~lOQ ]!~Jad peleedde Jl sa~ sea ON sea seA Rue~ssasse PUelia~ ~ peleedde Jl sea sea ON sea sea 'pue~v ~eld Jou!~ ~ palegdde Jl sgA sea ON sea saA 0 ~ peleadde Jl sea sea ON sea sea uo!s!A!pqns uoqs ~ Jeu!~ex~ ~upeaH suo!s!~eG II ~ o] Sleadde ON ON ON ON eUON sea si!~ed ~u!Pl!n8 ]!~ed Xep-06 ON ON ON ON aUON ON elo!qeA ON ON ON ON eUON seA ON ON ON ON aUON ON ueld edeospueq 'spX 'no ~ ON ON ON ON eUON ON 00~ ueql SSel ~u!peJ9 ~ ON ON ON ON eUON ON . -- s]!~jed meaJlS JO X PUelieM XaueBJa~e ~ ON ON ON ON eUON ON ~eJod~eL sl~Jad Jeqlo ~ ON ON ON ON eUON ON ol slue~pua~e JOU!~ ~ aRd paAoJdde Z ON ON ON ON eUON ON ol 1ue~pue~e JOUl~ ~ luamlsn[pe ~ ON ON ON ON eUON ON -- ON ON ON ON eUON ON pell!~Jed sesn pueq ~ ON ON ON ON eUON ON uollednooo e~OH ~ ON ON ON ON euoN ON s]l~Jad uBIS ~ ~ suo!s!oea I ad~ ~ ~ uo!s!oea uo!s!~eQ ~u!JeeH o!lqn~ uo!1e~!lddV sseueleldmoo : ~ jo e~!lON leeddv jo ao!lON jo co!iON pJooe~ uedo jo e~!iON jo SNOlSlOaa ~ 0 jo co!loN UO!leU!mJalaa ~z peleedde ,ti sea sea ON se), sea UO!S!Ae~I l![UJad · peleedde Jl sea sea sea sea sea eoueUeA q Pel~edde~l sea saA ON se~ se~ ]!w]ea 'AeQ 'qns ~ ~ suo!s!oeO euueJoqs ~ se~ V/N ON se~ se~ sea 'pue~v Jo[e~ ORa ~ · sea V/N ON sea sea sea 'AeQ l!uR pouueld ~ .~ sea V/N ON sox sea sea wpqns jo uo!]eOeA 4 sea V/N ON sea sea sea Ueld e~iS 8u!pu!8 ~ sex V/N ON sex sex sea ~eld 'AIpqns '~lO~d ~ · . sea V/N ON sox ON sea luemee~DV 'doloAeQ ~ sea V/N ON sex sea sex euoze~ 4 suo!s!oeQ Al ed~ V/N ON sea sox sea sea dRS 'u!~pe-uoN ~ V/N ON sea sea sea sea oouePeA ~ V/N ON sea sea sox sex ]eld 'A!pqns leu!a ~ pnoo ol sleedde suo!s!~e~ III edX~ uo!s!oeO uo!s!oeO 5uUeaH o!lqnd uo!leo!lddV sseueleldmo3 co!loN leeddv ~o ao!lON jo co!ION pJooa~ uadO jo co!iON jo SNOISIOgO ~o aolloN uo!leu!mJa]eG i,' AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 100000867 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 $74.47 which amount has not been paid in full. Q\ L~'\~~ 'A~~~/~ (Signature of Principal Clerk) \\\\\I\\IIIII/Ii/// ,\\ \.\IN '/11 .:::;."" '0 p.,. & //.-;:,- .:::;. ......... (.-. .-;:,- ~ .... '..'/,- -:-- ::::: .... \,\or .... ---' ~ ::: (;) ... .<1^?...:::: ~ -I! (>'30 ~ ~ =- = 't> '. ^' '0<: ::: . ....\. (; '- :::.1"".... SLIC /<?-2 ~ 0 ..... ..... 0 ~ -'/ ,.::. .......... 0'" ~ <',-;, , VVA(CHI~ ,'~ /11 ,-,. \\' ////1111111 \1111\\\ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.13 of the Bremerton Municipal Code relating to the Administrative Hearing Examiner and further amending various Chapters of the Bremerton Municipal Code as they relate to the Administrative Hearing Examiner process and procedures for conducting hearings, making decisions and recommendations and hearing appeals of administrative decisions, including provisions relating to the Planning Commission, Chapter 2.12, the Municipal Court Hearing Examiner, Chapter 2.62, business licenses, Chapter 5.02, regulatory licenses, Chapter 5.03, right-of-way use permits, Chapter 11.03, Uniform Building Codes, Chapter 17.04, Uniform Fire Code, Chapter 18.01, subdivisions and plats, Chapter 20.04, Shoreline Development, Chapter 21.04, SEPA substantive authority, Chapter 21.12 and further amending various provisions of Chapter 21.02 relating to land use applications including processing of applications, public hearings on land use applications, decisions of land use applications, notices of decisions, development agreements, annexation zoning, PUD applications, special use permits, variances, rezones, exceptions to development regulations, amendments to development regulations, site plans, violations of Subscribed and sworn to before me this day of May 2, 2002. -Di11 J 'Jl;lJ 6a.li. ~ Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4798' - ~ ~ the Zoning Code, wetlands and stream applications, and appeals of various land use decisions.- 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,