HomeMy WebLinkAboutord1986-0621
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INTRODUCED BY: Coi snt
PROPOSED BY; Hearing Examiner
DATE INTRODUCED: .7ulY 17,198 _
ORDINANCE 86 -62
ORDINANCE AMENDING THE WHATCOM COUNTY
SHORELINE MANAGEMENT PROGRAM
WHEREAS, Section 8.3 of the Shoreline Management Program
unclear as to the procedures for public notice on shore-
line applications, and
WHEREAS, RCW 36.70.800 allows for procedural amendments
to be made to the program without the need for a public
hearing, so long as -the amendment does not impose, remove
or modify any regulation affecting the zoning status of
the land, and
WHEREAS the proposed amendments to the Whatcom County
Shoreline Management Program do not affect any zoning
status of property, it can be effected without the re-
quirement of a public hearing, and
WHEREAS the Whatcom County Planning Commission recommends
that these amendments be adopted so as to clarify the
procedures required, and the Whatcom County Council con-
curs in that recommendation,
NOW, THEREFORE, BE IT ORDAINED that Section 8.3 of the Whatcom
County Shoreline Management Program shall be amended as follows:
The text of the proposed amendment is attached to this
ordinance as Exhibit ``A "and incorporated herein by refer-
ence as if fully set forth herein.
BE IT FURTHER ORDAINED that unless specifically amended in
this ordinance, all other terms and conditions of Section 8.3 of
Whatcom County Shoreline Management Program shall remain in full
force and effect, and
BE IT FURTHER ORDAINED that unless specifically mentioned
within this ordinance, all other terms and conditions of the
Whatcom County Shoreline Management Program shall remain in full
force and effect.
APPROVED this 7th day of August 1986.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNT WASIINGTON
Carol Ebergson ---'Donald G'H6sey, Chairm
Clerk of the Council
APPROVED AS TO FORM: ( ) APPROVED ( ) VETOED
Randall J. is R. W. "Bob" Muenscher
Civil Deputy Pros. Attn'y Executive Pro -tem
Published on July 23,1986 and August 13, 1986
This ordinance becomes effective on August 18, 1986
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EXHIBIT TO
ORD. 86 -62
PROPOSED TEXT AMENDMENTS TO THE
WHATQOM COUNTY SHORELINE MANAGEMENT PROGR1
May 20, 1985
(8.3 Procedures)
4. NOTICE OF RECEIPT OF APPLICATION
A. Upon receipt of a completed shoreline application end-psyment-of-fees-
by the Hearing Examiner, it shall be the duty of the Hearing Examiner
to issue public notice as follows: insure- that - notices- thereof -are
published- at- ieeet -og:. n- creek - -on- the -- same- day- - -of -the -- week - for -two
consecutive-- weeice -- -- the-- effic#n }-- ceuntp -- newspaper.-- in- eddition;
notice - shah- be- siv�re-- at- ieaet- one -ef- the- fo-}iowfttg- �rethods
1. The Notice of Receipt of Application shall be published at least
once a week on the sane day of the weep for two consecutive geekg
in the official_ County newspaper.
2. Additional notice shall be Given by at least one of the followi,9A
methods:
#.A.. Mailing of the receipt of application notice to the latest
recorded real property owners as shown by the records of the
County Assessor to properties situated within at - -fit
three - hundred (3001 feet of the boundary of the property upon
which the use is proposed; or
2 7B. Posting of three copies of the notice Lwithin one week of the
first published application notice, in a conspicuous Manner
on the property upon which the use is proposed within me
week -of- the -first - pub #felted - not#cco
B. The notice shall include a statement that any person desiring to
express his views or to be notified of the action taken should notify
the Whatcon County Hearing Examiner in writing within 30 days of the
final newspaper publication Sf the notice of receipt of application.
5: AFF1D*V- 1T- 0E- PUBLM*TRW
C. An Affidavit of Publication of the Receipt of Application shall be
attached to and accompany the application through the review of
decision process of the Department of Ecology.
6:5. tMAL NOTICE OF PUBLIC HEARING
A. #f -For a public hearing on the shoreline applications is to be held, it
shall be the duty of the Hearing Examiner to issue public notice as
follows: iesal - -m> tics -of-- that - hearing any - be- comb #ned-with- the - Notice
of— Receipt- - -of -- Application— whenever -- practical j —PRO f0fiB -- that - woe b
P kV L A,.1
notices -of-- hearing- incinde a- statement- that - any- - per son-any ►- submit-oral
or-wri tten- testimony- at--such- hearing -
1. The Notice of Public Hearing shall be published in the official
County newspaper at least 10 days prior to the public hearing.
2. Miere -- Notice - -of-- Receipt - -ef -- Application -- and -- Notice -ef- Public
Hearing- are -- separate;- -the -- Hear #ng-- 6xeminer -- shall -- ensure -that
published - notice -is- gi vat -at- -least -l9- days- pr#er -to- public - hearing
in- the - off *vial- ceanty -- newspaper: - - -in- add *tYOe�-- natYee- shall --be
given -at- le 'or
to- hearing- Additional notice shall be given by at lease one of
the following methods:
1 7A. Mailing of the public hearing notice, at least 10 days prior
to the hearing, to the latest recorded real property owners
as shown by the records of the County Assessor for properties
situated within at -least three - hundred (300'). of the boundary
of the property upon which the use is proposed; or -at -least
10- days- prior-tc- the - hearing-:
2 7B. Posting of three copies of the Legal Notice, at least 10 days
prior to the public hearing, in a conspicuous manner on the
property upon which the use is proposed. at— least -10-days
prior to- the - hearing.
B. An Affidavit of Publication of the Notice of Public Hearing shall be
attached to and accompany the application through the review of
decision process of the Department of Ecology.
6. COMBINED NOTICES
A. Wherever feasible, the Notice of Receipt of Application and Notice of
Public Hearing shall be combined. Where the notices are so combined,
the procedures to be followed shall be those set forth for the Notice
of Receipt of Application.
B. Any such combined notice shall include a statement that any perso,p nay
submit oral or written testimony at the public hearing.
$:C. If such combined notice is given, at least 30 days must elapse between
the last newspaper notice and the date of public hearing.
7. PUBLIC HEARING RULES
A. Public hearings on shoreline permit applications shall be held within
45 working days of filing -of the receipt of the application by the
Hearing Examiner. However, the time requirements set herein shall be
suspended pending compliance with State Environmental Policy Act
requirements.
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B. The hearing shall be open to the public. The Hearing Examiner shall
conduct the hearing and prepare a record thereof by providing an
opportunity for all interested persons to speak and submit exhibits.
C. The Hearing Examiner may, at his discretion, order a continuance of
the public hearing. Where the Hearing Examiner has chosen to do so,
he will publicly announce the time, date, and place of the continued
hearing and no further notice is required.
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