Chapter 15.130
BOARDS AND AGENCIES (POWERS AND DUTIES)*
Sections:
15.130.010 Department of planning and development.
15.130.020 Planning commission – Membership.
15.130.030 Planning commission – Authority.
15.130.040 Planning commission – Powers and duties.
*Prior legislation: Ord. 600 which provides that a planning commission member’s term shall cease if he misses over four regularly scheduled meetings in a six-month period.
15.130.010 Department of planning and development.
(1) Planning Director Authority. The town planning director, or designee, shall have the authority to approve, approve with conditions, or deny Type I and II project permit applications which are not consolidated with Type III, IV, or V permit applications.
(2) Planning Director Duties.
(a) Publish a list of all permit decisions weekly.
(b) As the town SEPA official, the planning director shall review environmental checklists and make determinations on probable environmental impacts resulting from proposed projects.
(c) Review all development permit applications, prepare staff reports, and make recommendations to the planning commission, hearing examiner and/or town council.
(d) Administer and enforce land use development regulations under the provisions of this code.
(3) Appeals. Actions of the planning director may be appealed to the hearing examiner. [Ord. 743 § 5, 1999; Ord. 720 § 4, 1998; Ord. 691 § 2, 1997; Ord. 671 § 10.1, 1995.]
15.130.020 Planning commission – Membership.
(1) A planning commission established by the town shall consist of five members who are residents of the town of La Conner, appointed by the mayor with approval of the town council. Members may be removed from office by the mayor for neglect of duty, inefficiency, or malfeasance in office after a public hearing and with the consent of the town council. Vacancies shall be filled by appointment by the mayor with approval of the town council. The term of office for planning commissioners is six years.
(2) The planning commission shall elect a chairman and vice chairman from among its members, shall appoint a secretary who need not be a member of the commission, and shall adopt rules for transaction of business and shall keep a record of transactions, findings, and determinations.
(3) No less than one regular meeting shall be held each month unless no matters are pending on the commission calendar. Three members shall constitute a quorum to conduct business. A majority is required for a motion to pass.
(4) It shall be deemed neglect of duty for any planning commissioner to miss three consecutive regularly scheduled meetings or to fail to attend at least one training session annually. [Ord. 931 § 4, 2004; Ord. 885 § 1, 2003; Ord. 776 §§ 1, 2, 2000; Ord. 743 § 5, 1999; Ord. 741, 1999; Ord. 671 § 10.2.A – C, 1995.]
15.130.030 Planning commission – Authority.
(1) The planning commission shall review and approve, approve with conditions, or deny Type III permit applications which are not consolidated with Type IV or Type V permit applications. Reference LCMC 15.135.050 for permit classifications and procedures.
(2) The planning commission shall review and make a recommendation for approval, conditional approval or denial to the hearing examiner on Type III permit applications which are consolidated with Type IV or Type V project permit applications. The recommendation shall be made following a public meeting.
(3) The planning commission shall hold at least one public hearing before taking the following actions:
(a) Approving, approving with conditions or denying Type III permit applications not consolidated with Type IV or Type V permit applications.
(b) Recommending a plan change/general zone change request.
(c) Recommending text amendments to the comprehensive plan and uniform development code or land use ordinances.
(d) Any inconsistency between the duties conferred upon the planning commission herein and those duties delegated to the hearing examiner in Chapter 15.12 LCMC, as amended, shall be construed in favor of providing jurisdiction to the hearing examiner at the exclusion of the planning commission. [Ord. 1191 § 2 (Exh. A), 2020; Ord. 743 § 5, 1999; Ord. 720 § 5, 1998; Ord. 691 §§ 3 – 6, 1997; Ord. 671 § 10.2.D, 1995.]
15.130.040 Planning commission – Powers and duties.
(1) Annual review of the comprehensive plan and preparation of possible amendments or additions to the plan, for referral to the town council.
(2) Provide recommendations to the hearing examiner on conformance of public or private projects to the comprehensive plan as provided in LCMC 15.130.030 and 15.135.050; provide recommendations to the town council to bring nonconforming projects into compliance.
(3) Hold hearings, take testimony and make recommendations to the town council on amendments to the town zoning map or this code or land use ordinances.
(4) Make recommendations or determinations on project permit applications as provided in LCMC 15.130.030 and 15.135.050 and other duties delegated by the town council as set forth herein and as are not inconsistent with the duties delegated to the hearing examiner by Chapter 15.12 LCMC, as amended. [Ord. 743 § 5, 1999; Ord. 691 § 7, 1997; Ord. 671 § 10.2.E, 1995.]
15.130.050 Town council.
The town council shall have authority under this code to:
(1) Hear all appeals of actions taken by the town planner and the planning commission not delegated to the hearing examiner.
(2) Hear all planning commission recommendations not made to the hearing examiner.
(3) Hear all appeals of action taken by the planning director under the State Environmental Policy Act not delegated to the hearing examiner.
(4) When procedures and authority are not specifically mentioned, the use, requirement, or regulations shall be determined by the town council; however, where these provisions conflict with provisions herein or Chapter 15.12 LCMC, as amended, delegating authority to the hearing examiner, the former shall control. [Ord. 743 § 5, 1999; Ord. 691 §§ 8 – 10, 1997; Ord. 671 § 10.3, 1995.]