HomeMy WebLinkAbout2002-007 Authority to issue Right-of-Way Use Permits R
ORDINANCE NO. 2002-07
AN ORDINANCE concerning right -of -way use permits and amending Sections
8.20.040, .050, and .080 of the Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
1 Section 1. Section 8.20.040 of the Yakima Municipal Code is amended to read as
2 follows:
3 8.20.040 Processing of application.
4 The chief of code administration manager shall examine each application for
5 compliance with requirements of this chapter and for compliance with any
6 applicable provisions of the city's building code and shall endorse his /her
7 findings on the application form and transmit it to the city clerk for consideration
8 by the City Council, except that applications for permits to place signs in City -
9 owned right -of -wav shall be transmitted to and approved or denied by the
10 Community and Economic Development Director, or his /her designee.
11 Section 2. Section 8.20.050 of the Yakima Municipal Code is amended to read as
12 follows:
13 8.20.050 Grant or denial of permit.
14 Upon consideration by the City Council of the application for a permit, the
15 council shall, by motion, approve or deny the application, except that
16 applications for permits to place signs in City -owned right -of -wav shall be
17 considered and approved or denied by the Community and Economic
18 Development Director, or his /her designee. Upon approval of an application by
19 the council or, in the case of an application for a permit to place a sign in City -
20 owned right -of -wav, the Community and Economic Development Directoreff --an
21 application, the chief of code administration manager shall issue the permit upon
22 applicant's compliance with requirements of Section 8.20.060.
1 The applicant or other interested persons may, within 30 days of the issuance of
2 the Director's written decision, appeal the Community and Economic
3 Development Director's approval or denial of an application for a permit to place
4 a sign in City -owned right-of-way to the City Council.
5 Section 3. Section 8.20.080 of the Yakima Municipal Code is amended to read as
6 follows:
7 8.20.080 Revocation of permits.
8 No permit granted pursuant to this chapter shall vest any permanent right in the
9 permit holder; and any such permit may be revoked by resolution or motion of
10 the City Council, followed by notice to the permit holder given by the chief of
11 code administration manager that such permit is revoked, which notice shall be
12 given not less than thirty days prior to the effective date of revocation specified
13 in such notice. The notice shall be in writing and personally delivered to the
14 permit holder or mailed to the permit holder at its address specified in the
15 application; provided, in the event the City Council determines that the
16 continued use of public right -of -way pursuant to a permit constitutes an
17 immediate hazard to the public, such permit may be immediately revoked by
18 resolution or motion of the City Council, such revocation to be immediately
19 effective on written notice delivered to the permit holder in person or by mail as
20 provided by this section.
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 19 day of February 2002.
A :c,e_-
Mary Place, Mayor
ATTEST:
City Clerk
Publication Date: 2 -22 -2002
Effective Date: 3 -24 -2002
c:\ Karen's Files \ ORDINANCES\ PETERSON\ Right-of-way use permits.doc Last printed 2/12/2002 3:16 PM
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S
For Meeting of February 19, 2002
ITEM TITLE: Consideration of an Ordinance amending Sections 8.20.040,
8.20.050 and 8.20.080 of the Yakima Municipal Code Granting Staff
Authority to issue Right -of -Way Use Permits for Signs
SUBMITTED BY: William R. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning
Manager (509) 575 -6121
SUMMARY EXPLANATION:
On December 18, 2001, the City of Yakima Council requested staff bring back a
recommendation changing the Right -of -Way Use Permit ordinance granting staff
authority to issue Right -of -Way Use Permits for signs only.
The ordinance would modify Yakima Municipal Code (YMC) Sections 8.20.040,
8.20.050 and 8.20.080. It would allow the Community & Economic Development
Director, or his /her designee to approve or deny the placement of a sign in or over
the Right -of -Way. Staff would continue to use the Urban Area Zoning Ordinance
sign criteria to the review the requests.
As was indicated during Council's discussion on December 18, 2001, this would
speed up the application response and approval process without requiring each
application for signs in the Right -of -Way to Council. The modification in YMC
Section 8.20.050 also provides an appeal process to the City Council.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: `-� City Manager
STAFF RECOMMENDATION:To approve the ordinance modification.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2002 -07