008-17 - Ordinance - Amending Ordinance 008-16 Relating to Land Use and ZoningORDINANCE NO.008-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING;
AMENDING ORDINANCE NO 008-16 TO EXTEND INTERIM PERMIT
PROCESSING REGULATIONS FOR AN ADDITIONAL SIX MONTHS;
PROVIDING FOR A PUBLIC HEARING ON THE EXTENSION;
DECLARING AN EMERGENCY FOR IMMEDIATE EFFECT;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, City of Port Orchard (the "City") staff previously noted the need to update the
City's permit processing procedures and related code, previously codified under Chapters 16.06
and 16.07 of the Port Orchard Municipal Code (POMQ and
WHEREAS, on September 8, 2015, the Port Orchard City Council (the "City Council")
passed interim Ordinance No. 014-15, which repealed Chapters 16.06 and 16.07 of the POMC
and established an interim permit processing code, codified under a newly established Title 23
of the POMC, for a period of six (6) months; and
WHEREAS, in administering the interim permit processing code, City staff identified
necessary amendments to the interim regulations to help clarify and assist City staff in
interpreting and administering the interim permit processing regulations; and
WHEREAS, on February 23, 2016, the City Council passed a subsequent interim Ordinance
No. 008-16, which established a revised interim permit processing code to be in effect for twelve
(12) months and provided for a work plan for adoption of a permanent permit processing code;
and
WHEREAS, since February 2016, staff has worked with the Mayor's ad hoc Land Use
Committee, the City's Planning Commission, and the City Council to review and revise the
proposed permanent permit processing procedures; and
WHEREAS, also since February 2016, staff has worked on organizing, recodifying, and
drafting a proposed new Unified Development Code as Title 20 POMC, which will include all
existing and new City regulations relating to land use, development, building, and construction,
including the permanent permit processing code; and
WHEREAS, staff first presented certain portions of the proposed permanent permit
processing code and Title 20 POMC to the City Council and Planning Commission at their joint
meeting on January 17, 2017; and
WHEREAS, given the number and scope of regulations included for review in the
proposed new Title 20 POMC (including minor and major amendments to existing POMC chapters
Ordinance No. 008-17
Page 2 of 4
and sections and new POMC chapters and sections), the City Council deems it in the public
interest to extend the current interim permit processing regulations for an additional six (6)
months to allow adequate time for the public, the City's Planning Commission, and the City
Council to review and comment on the permanent permit processing regulations as part of the
overall proposed new Title 20 POMC; and
WHEREAS, City staff intends to publish the proposed new Title 20 POMC, including the
proposed permanent permit processing regulations, on February 17, 2017, for a sixty (60)-day
written public comment period; and
WHEREAS, additional opportunities for public comment and/or public testimony before
the City's Planning Commission and City Council on the proposed new Title 20 POMC, including
the permanent permit processing regulations, are planned in March, April, May, and June 2017;
and
WHEREAS, City staff intends to present the final permanent permit processing regulations
for adoption as part of the proposed new Title 20 POMC by June 30, 2017; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the city to adopt interim land
use regulations and official controls for a period of six (6) months provided that a public hearing
on the same is held within sixty (60) days of passage; and
WHEREAS, pursuant to WAC 197-11-800(19), the adoption of this ordinance is exempt
from environmental review under the State Environmental Policy Act; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Findings. The City Council hereby adopts the above recitals as findings in
support of this ordinance. The City Council further enters the following findings:
A. The interim POMC regulations set forth herein are in the best interest of City of Port
Orchard residents.
B. The interim official control regulations set forth herein satisfy all relevant criteria for
approval and adoption, including RCW 35A.63.220 and RCW 36.70A.390.
The City Council reserves the right to amend these findings upon holding a public hearing
pursuant to Section 5 herein.
SECTION 2. Extension of Interim Permit Processing Regulations. The interim permit
processing regulations established by Ordinance No. 008-16, and codified as Title 23 POMC, shall
not lapse and shall be extended for an additional six (6) months from the date of passage of this
ordinance unless earlier terminated by the City Council.
Ordinance No. 008-17
Page 3 of 4
SECTION 3. Effect of Extension of Interim Ordinance. The extension of Ordinance No. 008-
16 allows the City, during the next six (6) months, to accept, process, and enforce permit
processing procedures under the current interim permit processing regulations adopted under
Ordinance No. 008-16.
SECTION 4. Conflicts. Where provisions of other chapters of the POMC conflict with this
interim ordinance, this interim ordinance shall prevail.
SECTION 5. Public Hearing on Interim Ordinance. Pursuant to RCW 36.70A.390, the City
Council shall hold a public hearing on this interim ordinance within sixty (60) days of its passage.
Following the public hearing, the City Council may amend the findings of fact included in Section
1 herein on the subject of this interim ordinance and either justify its continued imposition or
repeal this ordinance.
SECTION 6. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this interim ordinance take effect immediately upon passage
by a majority vote plus one of the whole membership of the City Council, and that the same is
not subject to referendum. If this interim ordinance is not adopted immediately, City staff will
only be able enforce the interim permit processing code under interim Ordinance No. 008-16
until February 23, 2017, after which said interim ordinance will automatically terminate and City
staff will then be required to utilize and enforce the permit processing regulations under the
previous Chapters 16.06 and 16.07 of the POMC until the ordinary effective date of this ordinance
five days after publication, which would cause undue confusion for the public and City staff.
SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION S. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14t" day of February, 2017.
Ordinance No. 008-17
Page 4 of 4
ATTEST:
Brandy Rinearson, CIVIC, City Clerk
APPROVED AS TO FORM:
4:�5� ca-�-�
on Cates, City Attorney
PUBLISHED: February 24, 2017
EFFECTIVE DATE: March 1, 2017
m0 R
U R A
Robert Putaansuu, Mayor
SPONSOR:Mt3Ee�°
OF
Bek Ashby, Councilmembe
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held February 14, 2017.
ORDINANCE NO. 008-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, RELATING TO LAND USE AND
ZONING; AMENDING ORDINANCE NO 008-16 TO EXTEND
INTERIM PERMIT PROCESSING REGULATIONS FOR AN
ADDITIONAL SIX MONTHS; PROVIDING FOR A PUBLIC HEARING
ON THE EXTENSION; DECLARING AN EMERGENCY FOR
IMMEDIATE EFFECT; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 008-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 008-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, February 24, 2017