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Home My WebLink About5093 ORDINANCE NO. r 'J� �3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Bremerton Municipal Code, Chapter 6.32, Noise Levels. Amendments include changing the decision maker from the Planning Commission to the Administrative Hearing Examiner. In addition the appeal procedures will be modified accordingly. WHEREAS, on April 2002 the City of Bremerton entered into an agreement to utilize the Hearing Examiner to replace the Planning Commission and City Council as the decision maker for quasi-judicial procedures; and WHEREAS, a section of the Bremerton Municipal Code has not been changed reflecting the replacement of the Planning Commission as the decision maker for quasi judicial procedures related to variances in the City's Noise Ordinance; and WHEREAS, by changing the Noise Ordinance will provide consistency within the Bremerton Municipal Code for quasi judicial procedures and related to variance in the City; and WHEREAS, in order to ensure consistency, the appeal procedures of Bremerton Municipal Code Section 6.32.090 must also be amended by replacing the Hearing Examiner with the Superior Court to allow for the appropriate reviewing body. NOW, THEREFORE, THE CITY COLTNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: . SECTION 1. Section 6.32.070 in the Bremerton Municipal Code entitled "Variance Procedures" is hereby amended to replace Planning Commission with the Administrative Hearing Examiner, as follows: 6.32.070 VARIANC� PROCEDURE. (a) A person who owns or is in possession of any property or use, or any process or I equipment, may make a request for a variance to the ' dministrative Hearing Examiner for relief from any provision of this chapter governing the quality, nature, duration or extent of discharge or noise. The application shall be accompanied by such information and data as the Hearing Examiner may require. The Hearin� Examiner shall enforce rules and regulations governing the application for and granting of variances, including hearing and notices. A variance or its renewal shall not be the right of the applicant or holder thereof, but shall be at the reasonable discretion of the earin� Examiner. (b) The variance shall not be granted under this section unless the Eer��e� Hearin� Examiner has considered the relevant interests of the applicant, other owners of property likely to be affected, and the general public and finds that all the following facts and conditions exist: Noise Leve[s (1) That there are exceptional or extraordinary circumstances or conditions applying to the applicant's property, or intended use thereof that do not apply generally to other properties in the same noise control district; (2) That such variance is necessary for the preservation and enjoyment of a substantial person or property right of the applicants possessed by the owners of other properties in the same noise control district; (3) That the authorization of such variance does not endanger public health or safety in the same or adjacent noise control districts; (4)� That the granting of such variance will not adversely affect the general policy and purposes of this chapter. (c) In authorizing a variance, conditions regarding noise level, duration, type and other considerations deemed necessary to carry out the policy and purpose, of this chapter may by imposed. SECTION2. Section 6.32.090 in the Bremerton Municipal Code entitled "Right to Appeal" is hereby amended by replacing the Administrative Hearing Examiner with the Superior Court, as follows: 6.32.090 APPEAL TO SUPERIOR COURT. , , ! � '1 � .,, �T ° cz c:��o ('' /(l,- a-�� . �l177 P 1 1 n��r�-7'17 P(] 1 no'l1 �'-nuP � �°> > ��' � � ' �=7 > > An a�eal of the decision of the Hearing Examiner must be filed with the Superior Court within twentv-one (21) calendar davs of the issuance of the decision. SECTION 3. Severability. If any one or more sections, sub-sections, 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 fiill force and effect. 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. PASSED by the City Council the � day of ��y��;�( 2009 , ��-�!� ( CECIL MCCONNELL, Council President Approved this —�� day of �� , 2009 . �� °..��,� �,��.e,l� CECIL MCCONNELL, Mayor Pro Tem Noise Levels ATTEST: APPROVED AS TO FORM: � � � CAROL GEN, City erk R GER A. LUBOVICH, City Attorney PUBLISHED the �� day of ,.� � , 2009 EFFECTIVE the �day of > , 2009 ORDINANCE NO. � O 9� R�\Legal\Legal\Ordmances\Community Development\Noise Levels.doc Noise Levels . . AFFIDAV[T OF PUBLICATION Account # 42742 AD# 254759 STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, 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 prmcipal clerk of the printers and publishers of KITSAP StJN; 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 pubhcation hereinafter referred to, published in�the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in 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 foilowing is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A November 9, 2009 and that such newspaper was regularly distributed to its subscribers during all of sa�d period. That the full amount of the fee charged for the foregoing blication is the sum of $43.26. This amount has not been paid in full. .��`�� 1 S , �T��''�% (Signature of Principal Clerk) ````�� ,,..•`�'� ��.,��i�� r' � �I t Subscribed and sworn to before me this day of December 3, 2009. ,' i �Q�� % , ; � 5 ��`'' � � y , �'�� . � ��•�� . f Notary Public in and for the State of Washington, Kitsap County. ��'�O� •••..:. ••' �..``� �'A SHi�1��`�� "'�� ,,,,�,,,,.,�,,,,,,�. ORDINANCE NO. 5093 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Bremerton Municipal Code, Chapter 632, Noise Levels. Amendments include changing the decision maker from the Planning Commission to the Administrative Hearing Examiner. In addition the appeal procedures will be modified accordingly. Passed by the City Council the 4th day of November, 2009. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337. November 9, 2�09 .....................AD #20094185 �