HomeMy WebLinkAbout3036Ordinance No. 3036
(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes
Passed 4/7/1992
Relating to the duties and appeal procedures of the land use hearing examiner,
amending Section 2.54.100 and 2.54.140 of the Kent City Code.
Amended
by Ord.
3424
(Secs. 2.54.100 now 2.32.090; 2.54.140 now
2.32.130)
Amended
by Ord.
3511
(Sec. 2.54.100)
Amended
by Ord.
3560
(Sec. 2.32.090)
Amended
by Ord.
4044
(Sec. 2.32.130)
The date ["Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document— 6/21/2012
ORDINANCE NO. L
AN ORDINANCE of the City of Kent,
O Washington, relating to the duties and
d�
appeal procedures of the Land Use Hearing
Examiner, amending Section 2.54.100 and
2.54.140 of the Kent City Code (amending
olotOrdinances 2802, 2469, and 2233).
WHEREAS, Kent City Code (K.C.C.) Section 2.54.100
describes the duties of the Land Use Hearing Examiner for the
City of Kent, by providing an exhaustive list of all of the types
of appeals heard by the Examiner; and
WHEREAS, by adoption of the Multi -Family Design Review
and amendment of the General Business License Ordinances, more
types of appeals must be added to this list; and
WHEREAS, K.C.C. Section 2.54.140 also must be amended,
since it provides that the Hearing Examiner shall issue a written
;decision within fourteen days of the conclusion of the public
,hearing on a matter, which is inconsistent with the authorizing
statute, which provides that the Hearing Examiner shall issue his
or her written opinion within ten working days following
conclusion of testimony and hearings (RCW 35A.63.170); NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
:HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Code Section 2.54.100 (as last
%amended by Ordinances 2802, 2469 and 2233), is hereby amended to
;read as follows:
2.54.100. DUTIES OF THE EXAMINER.
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A. Applications.
1. The Examiner shall receive and examine
available information, conduct public hearings, prepare a record
;thereof, and enter findings of fact and conclusions based upon
'these facts, which conclusions shall represent the final action
on the application, unless appealed, as hereinbelow specified,
for the following types of applications:
a. Conditional use permits;
(()) b. Shoreline permits;
((-3-.)) c. Sign variances;
(()) d. Planned Unit Developments;
e. Multi -Family Design Review: and
f. Business Licenses (denials,
revocations).
2. The Examiner shall receive and examine
available information, conduct public hearings, prepare a record
thereof and enter findings of fact and conclusions based upon
those facts, together with a recommendation to the City Council,
for the following applications:
a. Rezones;
b. Preliminary plats;
C. Special use combining
districts, including mobile
home park combining districts.
d. Initial zoning designations for
annexed areas or zoning
designations for proposed
annexations to become effective
upon annexation.
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3, The Examiner shall also conduct public
hearings when required under the provisions of the State
jEnvironmental Policy Act; conduct public hearings relative to
1possible revocation of any conditional use permit; conduct such
other hearings as the Council may for time to time deem
iappropriate.
B. Recommendation or Decision.
1. The Examiner's recommendation or decision
jmay be to grant or deny the application, or the Examiner may
recommend or require of the applicant such conditions,
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,'modifications and restrictions as the Examiner finds necessary o
make the application compatible with its environment and carry
;out the objectives and goals of the comprehensive plan, the
zoning code, the subdivision code, and other codes and ordinances
of the City. Conditions, modifications and restrictions which
may be imposed are, but are not limited to, additional setbacks,
screenings in the form of landscaping and fencing, covenants,
easements and dedications of additional road rights-of-way.
Performance bonds may be re-required to insure compliance with
conditions, modifications and restrictions.
2. In regard to applications for rezones,
preliminary and final plat approval and special use combining
districts, the Examiner's findings and conclusions shall be
4submitted to the City Council, which shall have the final
authority to act on such applications. The hearing by the
Examiner shall constitute the hearing by the City Council.
Section 2. K.C.C. Section 2.54.140 (Section 14 of
(!Ordinance 2233) is hereby amended to read as follows:
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2.54.140 EXAMINER'S DECISION AND RECOMMENDATION —
;FINDINGS REQUIRED. When the Examiner renders a decision or
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!recommendation, the Examiner shall make and enter written
'findings from the record and conclusions therefrom which support
such decision, which decision shall be rendered within ten
working days following conclusion of all testimony and hearings.
unless a longer period is mutually agreed to in writing by the
a licant and the Hearing Examiner. -�
;'the , F +-h h ) ) The copy of such decision,
;including findings and conclusions, shall be transmitted by
:certified mail, return receipt requested, to the applicant and
other parties of record in the case requesting the same.
In the case of applications requiring Council
;approval, the Examiner shall file a decision with the City
;Council at the expiration of the period provided for a rehearing,
if one is conducted or within ten working days following
conclusion of all testimony and rehearings on the matter ((or
))•
Section 3. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
�1.
DAN`KELLEHER, MAYOR
ATTEST:
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BRENDA JACOBER, CITY CLERK
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APPROVED AS TO FORM:
I,
RO R A. L BOVICH,--CITY nTMORN v
PASSED the day of —.
APPROVED the�day of
PUBLISHED the ��day of
1992
1992
1992
I hereby certify that this is a true copy of Ordinance
No. 3 U 3(c , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
'hereon indicated.
HEX.01W
( SEAL)
BRENDA JA BE , CITY CLERK
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