HomeMy WebLinkAbout61-03 - Ord. Amending County Development Code Title 15 Regarding Hearing Examiner Regulations ORDINANCE NUMBER 61 - 03
AMENDMENTS TO THE MASON COUNTY DEVELOPMENT CODE TITLE 15
REGARDING HEARING EXAMINER REGULATIONS
AN ORDINANCE amending the Mason County Development Code Section 15 . 03 . 050 Hearing Examiner,
regarding the review and decision-making responsibilities of the Hearing Examiner, under the authority
and requirements of Chapters 36 . 70 (including 36 . 70 . 970) , 36 . 70A, 36 . 70B , and 58 . 17 RCW.
WHEREAS , the Board of County Commissioners adopted these chapters and sections within the Mason
County Development Code Title 15 in a public hearing on December 17 , 2002 ;
WHEREAS , the Development Code has administrative procedures for the Hearing Examiner, but did not
adequately describe the permits under consideration by the Hearing Examiner;
WHEREAS , the Mason County Planning Commission reviewed the proposed revisions and formulated ,
their recommendations after a public hearing on April 21 , 2003 ;
WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on
June 10 , 2003 , to consider the recommendations of the Planning Advisory Commission, and the Mason
County Department of Community Development and citizens ' testimony on the proposed revisions to
Mason County Development Code Section 15 . 03 . 050 Hearing Examiner, regarding the review and
decision-making responsibilities of the Hearing Examiner;
WHEREAS , the Mason County Board of County Commissioners has approved findings of fact to support
its decision as ATTACHMENT A;
NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Board of Commissioners of Mason County
hereby approves and ADOPTS the amendments to the Mason County Development Code , Title 15 ,
Section 15 . 03 . 050 Hearing Examiner, regarding the review and decision-making responsibilities of the
Hearing Examiner, as amended, as described by ATTACHMENT B .
DATED this 10th day of June, 2003 .
Board of County Commissioners
Mason County, Washington
ATTEST :
Herb Baze , Chair
Clerk of the Board
Wesley Er' ohns , Commissioner APPROVED AS TO FORM :
I
Jayni L . Kamin, Commissioner Deputy Prosecuting Attorney
AN ORDINANCE AMENDING
THE MASON COUNTY DEVELOPMENT CODE TITLE 15
REGARDING HEARING EXAMINER REGULATIONS
MASON COUNTY BOARD OF COMMISSIONERS
June 10, 2003
FINDINGS OF FACT
1 . Under consideration is the proposed ordinance to make revisions to the Mason
County Development Code Section 15 . 03 . 050 Hearing Examiner, regarding the review
and decision-making responsibilities of the Hearing Examiner.
2 . The Mason County Development Code Title 15 , last revised in December 2002 ,
contains Section 15 . 03 . 050 Hearing Examiner administrative procedures . These standards
did not adequately describe the permits under consideration by the Hearing Examiner.
The proposed revisions will provide a clear listing of the applications reviewed by the
Hearing Examiner.
3 . At the April 21 , 2003 Mason County Planning Advisory Commission meeting,
the Department of Community Development presented the current administrative
responsibilities of the Hearing Examiner, and the proposed ordinance text that clearly
addresses those responsibilities . In their review, the Planning Advisory Commission
members asked questions of staff on the current and proposed text changes ; following
their discussion, members approved a motion to recommend adoption of the new
revisions in Development Code Section 15 . 03 . 050 Hearing Examiner.
6 . At the June 10 , 2003 Mason County Board of Commissioners public hearing, the
Department of Community Development presented the current and the proposed
ordinance text, as recommended by the Planning Advisory Commission, that addresses
the review and decision-making responsibilities of the Hearing Examiner. The County
Commissioner questions focused on how the ordinance changes would affect the permit
review process and the timing of decision-making .
From the preceding findings , the Mason County Board of Commissioners adopted a
motion to include the proposed revised text to the Mason County Development Code
Section 15 . 03 . 050 Hearing Examiner, regarding the review and decision-making
responsibilities of the Hearing Examiner, as presented by the Mason County Department
of Community Development .
Fes.. _ f
Chair, Mason County Board of Commissioners Date
Dearing Examiner staff report to County Commissioners June 10 , 2003
ATTACHMENT
15. 03 . 050 HEARING EXAMINER
The Hearing Examiner shall review and act on the following subjects :
A . Appeals of decisions of the Building Official on the interpretation or application
of the Building Code.
Be Revoking or modifying a permit or approval per Section 15 . 13 . 070 .
C . Appeals of enforcement actions under the codes , ordinances and regulations listed
under 15 . 03 . 005 . Enforcement actions include interpretations and decisions made
as part of the enforcement actions under the authority of provisions in 15 . 03 . 005 .
D . Appeals of decisions of the Fire Marshal on interpretation or application of the
Fire Code .
E . Enforcement actions as provided in Chapter 15 . 13 .
F . Applications for Preliminary and Final Plats .
G . Appeal of administrative decisions by the Department of Community
Development as set forth in Section 15 . 09 . 020 , 15 . 09 . 030 , and 15 . 09 . 040 .
H . Appeal of threshold determination under Title 8 (Environmental Policy) .
I. Granting of variances , except for administrative variances . ** =t
4LVr�,dryca ✓ions , when provided 5 L11Z LvC, , , t Code other a
.
J. Other Type III permit reviews , including Large Lot subdivisions involving
public hearing, Mason Conditional Environmental Permits , Mobile Home and
Recreation Vehicle Park permits , Special Use Permits , Reasonable Use
Exceptions , and Shoreline Substantial Development Permits and Conditional Use
permits .
K. Plat vacation or amendments (Pursuant to Chapter 58 . 17 RCWZ
Hearing Examiner staff report to County Conunissioners June 10, 2003