HomeMy WebLinkAbout4849 AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 21.22.240 of the
Bremerton Municipal Code, entitled "Extraordinary Hardship
Test," modifying the criteria required to demonstrate that an
extraordinary hardship exists.
WHEREAS, the current provisions of Section 21.22.240 of the Bremerton
Municipal Code relating to the Extraordinary Hardship Test result in the circumvention
of the original intent of the test and in an impractical application of the regulation; and
WHEREAS, the current provisions of Section 21.22.240 of the Bremerton
Municipal Code relating to the Extraordinary Hardship Test may result in the unintended
regulatory taking of property; and
WHEREAS, the current provisions of Section 21.22.240 of the Bremerton
Municipal Code relating to the Extraordinary Hardship Test may result in confusion
regarding the applicability of certain test criterion; and
WHEREAS, this proposal was reviewed to ensure compliance with SEPA
and was issued a determination of non-significance on November 19, 2002; and
WHEREAS, on November 12, 2002, the Bremerton planning commission
held a public hearing on this proposed change, and after careful consideration has
recommended that the Bremerton City Council make the proposed amendment; and
WHEREAS, the City Council desires to amend provisions relating to the
requirements of meeting the test in order to allow for the reasonable use of property; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
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Wetland Extraordinary Hardship Test
SECTIONL Section 21.22.240 of the Bremerton Municipal Code entitled
"Extraordinary Hardship Test" is hereby amended to read as follows:
21.22.240 Extraordinary Hardship Test.
An extraordinary hardship exists when the standards of this chapter deny all reasonable
economic use of the property. Diminished value shall not be considered an extraordinary
hardship. To demonstrate extraordinary hardship, the applicant must demonstrate the following:
~b) There is no reasonable economic use or value with less impact on the wetland or
stream;
(_be) There are no feasible on-site alternatives to the proposed activity or use (e.g.,
reduction in density or use intensity, scope or size, change in timing, phasing or implementation,
layout revision or other site planning considerations) that would allow reasonable economic use
with less adverse impact;
(~d) The proposed activity or use will be mitigated to the maximum extent possible
and result in minimum feasible alteration or impairment of functional characteristics of the site,
including contours, vegetation, fish and wildlife habitat, groundwater, surface water and
hydrological conditions;
(~e) The proposed activity or use complies with all local, state, and federal laws and
will not jeopardize the continued existence of endangered, threatened, sensitive or priority
habitat or species; and
(_eg) The inability to derive reasonable economic use is not the result of actions by the
applicant in segregating or dividing the property in a way that makes the property unable to be
developed after the effective date of this ordinance.
SECTION2. Severabilit~. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
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Wetland Extraordinary Hardship Test
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 3. 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 /,2,~ day of ~ [0_.~ ,2003
PASSED by the City Council the ! ~ day of~ ,2003
CAROL ARENDS, Council President
Approved this ~ dayof~
ATTEST: APPROVED AS TO FORM:
PUBLISHED the~q/at-~ day of ~.~.~./o .2003
EFFECTIVE the ~,~t~C, day of fdt.~oA.z~j .2003
ORDINANCE NO. 'tttg~ t ' -
R:'8~EGAL\Ord~mmm~s\Commu~i~y Dowlopm~nt\W¢fland o×:mordin~ry hard~hlp.doc
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Wetland Extraordinary Hardship Test
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100049161
I, Valerie Zoller, 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 County 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: March 24, 2003 and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of $32.51 amount has not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of March 31, 2003
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4849'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section
21.22.240 of the Bremerton Municipal Code, entitled "Extraordinary Hardship Test," modifying the
criteria required to demonstrate that an extraordinary hardship exists.-
APPROVED by the City Council the 12th day of March, 2003.-
PASSED by the City Council the 19th day of March, 2003.-
The full text of tiffs ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
WA 98337.-
March 24, 2003° · #100049161-