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Anacortes City Zoning Code

Division 1

General and Legislative Provisions

19.12 Definitions and Interpretation

The following definitions apply to this title, and other definitions may be found in individual chapters when applicable to that chapter:

A. A Definitions.

A-board” means a type of sign as defined in AMC 19.67.030.

19.14 International Codes

Editor’s note: Ord. No. 2992, § 1 (Att. A), adopted December 19, 2016, effective January 1, 2017, renumbered chapter 15.05, §§ 15.05.01015.05.170, as chapter 19.14, §§  19.14.01019.14.170 .

The purpose of this chapter is to implement rules compatible with the state of Washington, RCW Chapter 19.27 and WAC Chapters 51-50, 51-51, 51-52, 51-56 and 51-54, with certain local modifications allowed by such chapters.

The purpose of this chapter and the codes adopted hereunder is to provide minimum standards to regulate certain activities within the city to protect the general public and not any particular individuals. Any duty established hereunder is to the general public and does not extend to any particular individual or any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

19.16 Legislative Actions

A. This chapter applies to adoption and amendment of any of the following legislative matters:

1. The Comprehensive Plan;

19.10.010 Purpose.

The purpose of this title is to implement the comprehensive plan and state laws related to land use and development in a manner that is clear, concise, and understandable. It is also intended to comply with state rules for combining and expediting development review and integrating environmental review and land use development plans. (Ord. 2992 § 1 (Att. A), 2016)

19.10.020 Applicability.

This title is applicable to all land and land uses within the corporate limits of the City of Anacortes, and the city’s urban growth area, except as pre-empted by law or interlocal agreement. All city departments, and the city itself, are subject to this title. (Ord. 2992 § 1 (Att. A), 2016)

19.10.030 Administration.

The director has the duty to administer and enforce AMC Titles 16, 17, 18, and 19. (Ord. 2992 § 1 (Att. A), 2016)

19.10.040 Fees and costs.

A. The city council may, by resolution, adopt a schedule of fees for permit applications and appeals. Per RCW 82.02.060, impact fees must be adopted by ordinance.

B. The cost of postings, mailings, and publications must be paid for by the applicant. (Ord. 2992 § 1 (Att. A), 2016)

19.10.070 No special duty created.

A. It is the purpose of this title to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title.

B. Nothing contained in this title is intended to be nor may be construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this title or be a reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement of this title, or by reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement or this title, or by reason of any action of the city related in any manner to enforcement of this title by its officers, agents or employees. (Ord. 2992 § 1 (Att. A), 2016)

19.10.080 Savings.

Nothing contained in this title may be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this title. (Ord. 2992 § 1 (Att. A), 2016)

19.10.090 Severability.

If any provision of this title is declared unconstitutional or invalid by any court of competent jurisdiction, it must be conclusively presumed that this title would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this title must not be affected as a result of any part being held unconstitutional or invalid. (Ord. 2992 § 1 (Att. A), 2016)

19.12.020 Definitions.

The following definitions apply to this title, and other definitions may be found in individual chapters when applicable to that chapter:

A. A Definitions.

A-board” means a type of sign as defined in AMC 19.67.030.

Access corridor” means a vehicle circulation area in private ownership which provides access to a single flag lot.

Accessory dwelling unit (ADU)” means a second small dwelling on the same lot as a single-family dwelling and meeting the requirements of AMC 19.47.030(C).

Accessory structure” means a type of structure as defined in AMC 19.47.020.

Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. See AMC Chapter 19.47, Accessory Uses and Structures, for applicable standards.

Active recreation” means a mix of uses that includes the following facilities or facility types: athletic fields, buildings or structures for active recreational activities, fitness centers, swimming pools, community gardens, courts, children’s play areas, formally developed dog play areas, and other similar structures or development, and may include related uses such as retail and concession stands related to the principal use.

Adult Concessions. See AMC 5.35.030 for definitions pertaining to adult concession which by this reference are adopted for and applicable to AMC Title 19 to the extent used therein.

Adult family home” means a group living use as defined in AMC 19.43.120.

Adverse impact” means an unwanted and unanticipated result of taking a particular action or a negative effect that goes against desired conditions.

Advertise” means to describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.

AKART” means all known, available, and reasonable methods of prevention, control, and treatment.

Alterations” means a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another.

AMC” means the Anacortes Municipal Code.

Appellant” means a person who files a complete and timely appeal of a city decision.

Appellate body” means that officer or body prescribed by this title as having the authority to hear the appeal of a development permit.

Applicant” means a person seeking development or permit approval from the city.

Articulation” means the giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces. See AMC 19.63.040 for articulation provisions.

Articulation interval” means the measure of articulation, the distance before architectural elements repeat. See AMC 19.63.040 for articulation provisions.

Artisan manufacturing” means a light manufacturing use as defined in AMC 19.45.030(B).

Assisted living facility” means a type of group living use as defined in AMC 19.43.130.

B. B Definitions.

Basement” means that portion of a building below the ground floor having less than four feet of clearance from its ceiling to the average finished grade of the building perimeter.

Bed and breakfast establishment” means an overnight lodging use as defined in AMC 19.44.050(B).

Best management practice (BMP)” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.

Binding site plan” means a drawing to scale specified by AMC Chapter 19.32, Land Divisions, which: (1) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (2) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city of Anacortes; and (3) contains provisions making any development be in conformity with the site plan.

Bioretention BMP” means engineered facilities that store and treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation.

Blank wall” means a ground floor wall or portion of a ground floor wall as described in AMC 19.63.070(B) that does not include a transparent window or door.

Block” means a parcel of land bounded on all sides by city streets, which may be divided by an alley, and generally comprised of individual building lots.

Block frontage” refers to the area between a street and building facades and other portions of a lot close to the street property line. This includes both streetscape elements (planting strips and sidewalks), street setbacks, and building facades. See AMC Chapter 19.61, Block Frontage Standards, for applicable standards.

Boarder” means a patron of a rooming house who is provided lodging, with or without meals, for compensation.

Boundary line adjustment” means the adjustment of a boundary line between existing lots.

Building” means any structure used or intended for supporting or sheltering any use or occupancy.

Building frontage” refers to the facade or street-facing elevation of a building. For buildings not adjacent to a street, it refers to the building elevation(s) that features the primary entrance to the uses within the building. Depending on the context the term is used in, it may also refer to the uses within the building. For example, a storefront is a type of building frontage.

Building Height. See AMC 19.42.120 for building height calculations, exceptions, and modifications.

Building Site. See “Site area.”

Burden of proof” means a party’s duty to prove an assertion or charge.

Business or commerce” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit.

C. C Definitions.

Cannabis” means all parts of the plant cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purpose of this title, “cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term “cannabis” includes cannabis products and useable cannabis.

Cannabis products” means products that contain cannabis or cannabis extracts, have a measurable THC concentration greater than three-tenths of one percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. The term “cannabis products” does not include useable cannabis. The definition of “cannabis products” as a measurement of THC concentration only applies to the provisions of this title and must not be considered applicable to any criminal laws related to marijuana or cannabis.

Cargo container” means a type of temporary use defined in AMC 19.48.020(C).

Carport” means a protective covering for a parking space open on two or more sides, also categorized under the term “garage.”

Car-sharing provider” means a membership-based and licensed business that offers use of motor vehicles 24 hours a day and seven days a week to members who reserve vehicles in advance, and that charges members for the time and/or miles.

Certificate of occupancy” means a permit to occupy a premises issued after inspection has verified compliance with the requirements and provisions of this title and applicable building codes.

City” means the city of Anacortes, Washington.

City Council” means the duly elected City Council of the city of Anacortes.

City’s NPDES permit” means the current Western Washington Phase II Municipal Stormwater Permit issued by the Department of Ecology pursuant to the National Pollutant Discharge Elimination System.

Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

Commission” means the Planning Commission for the purposes of this title.

Comprehensive plan” means the city’s comprehensive plan adopted pursuant to Chapter 36.70A RCW.

Comprehensive plan amendment” means an amendment or change to the text or maps of the comprehensive plan.

Conditional use” means a use that requires a conditional use permit (CUP) and that may be restricted as a condition of approval.

Cornice” means a horizontal molding projecting along the top of a wall, building, etc. See AMC 19.63.050(D) for related standards.

Cottage dwelling” refers to a type of household living use as defined in AMC 19.43.040.

Council. See “City Council.”

D. D Definitions.

Day” means calendar day, not business day, unless otherwise specified. See AMC 1.04.070, Computation of time.

Day care” means a commercial use as defined in AMC 19.44.010.

Decision” means the written report of findings and conclusions issued by the decision-maker.

Decision-maker” means that officer or body prescribed by this title as having the authority to approve, approve with conditions, or deny a permit under this title or hear an appeal and issue a revised decision.

Department” means the City of Anacortes Planning, Community, and Economic Development Department.

Departure” means a provision allowing for applicants to propose alternative means of compliance with a specific standard on a voluntary basis, provided they meet the purpose of the standard. See AMC 19.20.220 for more information on departures.

Detached building” means a building surrounded on all sides by open space and not physically connected to any other building.

Development” means any land use, activity, or project regulated by AMC Titles 13 and 16 through 20, including but not limited to building permits, subdivisions, binding site plans, rezones, conditional use permits, shoreline permits, short plats, or variances.

Development permit” means a permit or approval for a development, and includes project permits per RCW 36.70B.020.

Development site” means that portion of any lot or lots that encompass all phases of a development proposal.

Director” means the Director of the Planning, Community and Economic Development Department or the Director’s designee.

Division of land” means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner’s land as defined in this section. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s land does not constitute a division of land.

Drive-in” or “drive-through restaurant” or “refreshment stand” means any place or premises used for the sale, dispensing, or serving of food, refreshments, or beverages to customers in vehicles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on or off the premises.

Duplex dwelling” refers to a type of household living use as defined in AMC 19.43.050.

Dwelling unit” or “dwelling” means a building or portion thereof providing complete housekeeping facilities for one family. A “dwelling unit” does not include a motel or hotel, which is separately defined.

E. E Definitions.

Effective date” means the date a final decision becomes effective.

Effective impervious surface” means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system.

Essential public facility (EPF)” means any public facility or facilities owned or operated by a unit of local or state government, public or private utility, transportation company, or any other entity that provides a public service as its primary mission, and is difficult to site. EPFs include those facilities listed in RCW 36.70A.200.

F. F Definitions.

Facade” means the entire street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation.

Family” means:

1. One person or two or more related persons living together.

2. No more than five unrelated persons living together as a single nonprofit housekeeping unit.

3. Unrelated persons living together in a state-licensed adult family home pursuant to RCW 70.127.010, with the provider’s family counting as up to six persons not related to the providers living with them as one housekeeping unit for profit.

4. In a single-family dwelling, one roomer or boarder is permitted in addition to the family.

Fence” means a structure which is built, constructed, or composed of parts joined together of material in some definite manner, in which the prime purpose is to separate and divide, partition, enclose or screen a parcel or parcels of land.

Final decision” means the final city action, in writing, to approve, approve with conditions, or deny a permit application.

Final plat” means a precise scale drawing of a subdivision and dedications which conforms to the approved preliminary plat, meets all the conditions of approval, and meets the requirements of the Skagit County Auditor for recording.

Final short plat” means a precise scale drawing of a short subdivision and dedications which conforms to the approved preliminary short plat, meets all conditions of approval, and meets the requirements of the Skagit County Auditor for recording.

Flood” means the water of any watercourse or drainway which is above the bank or outside the channel and banks of such watercourse or drainway.

Floor” means the same thing as “story.”

Floor area, gross (GFA) ” means the floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area does not include shafts with no openings or interior courts.

Floor area, net (NFA) ” means the actual occupied area, not including unoccupied accessory areas such as corridors, stairways, ramps, toilet rooms, mechanical rooms, and closets. Shared residential storage areas and commercial and industrial storage/stock areas are considered occupied areas for the purpose of this definition.

Freestanding sign” means a type of sign as defined in AMC 19.67.030.

G. G Definitions.

Garage” means a sheltered or enclosed accessory space used for the storage of motor vehicles, recreational vehicles, or boats. The term “garage” includes carports.

Garage sale” means all general sales, open to the public, conducted from or on a residential premises in any residential zone for the purpose of disposing of personal property.

Gateway block frontage” refers to a type of block frontage designation that emphasizes landscaping on frontages facing State Route 20. See AMC 19.61.100 for details.

General-service establishment” refers to a type of commercial use category defined in AMC 19.44.020(A).

Grade” means the level of the surface of the ground.

Grading” means any excavating or filling, or combination thereof, of land.

Gross acre” means acreage plus one-half the width of abutting right-of-way of streets and alleys.

Ground floor” means the first floor of any building nearest, on, or above the same plane as the fronting right-of-way.

Groundcover” means small plants such as salal, ivy, ferns, mosses, grasses, or other types of vegetation which normally cover the ground.

Groundwater” means water in a saturated zone or stratum beneath the land surface or a surface waterbody.

Grubbing” means the removal of trees, shrubs, stumps and rubbish from the project site.

H. H Definitions.

Hard surface area” means an impervious surface, a permeable pavement, or a vegetated roof.

Heavy industry” means a land use category as defined in AMC 19.45.010(A).

Hedge” means trees, vines, and/or shrubs which are planted in a substantially uniform configuration, grown and joined together in some definite manner and generally pruned to a uniform shape, creating a substantial barrier to sight.

Home occupation” means a type of accessory use as defined in AMC 19.47.040.

Hospital” means a type of medical use as defined in AMC 19.44.030(C).

Hotel” or “motel” means a type of overnight lodging use as defined in 19.44.050(C).

I. I Definitions.

Illicit discharge” means any discharge to the stormwater system that is not composed entirely of stormwater or of “allowable discharges” as adopted in AMC 18.30.050.

Impervious surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development.

Improved public street” means a platted public street, paved to city standards and specifications.

Incidental sign” means a type of sign as defined in AMC 19.67.030.

Infiltration device or facility” means a drainage device or facility designed to use the hydrologic process of surface and stormwater runoff soaking into the ground, commonly referred to as percolation, to dispose of surface and stormwater runoff.

J. J Definitions.

Junkyard” means a lot, land, or structure, or part thereof, used for the collecting, storage, and sale of wastepaper, rags, scrap metal, used building materials, or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery, or vehicles not in running condition. “Junkyard” includes auto wreckage yards or storage yards for wrecked automobiles.

K. K Definitions.

Kennel” means a type of personal service use as defined in AMC 19.44.080. Also see AMC 6.06.090, Commercial kennels, catteries, pet shops and animal shelters—General conditions, for applicable standards.

L. L Definitions.

Land clearing” means the act of removing or destroying trees or groundcover.

Land-disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land-disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land-disturbing activity. Stormwater facility maintenance is not considered land-disturbing activity if conducted according to established standards and procedures.

Landmark building” means a structure recognized as historic or architecturally significant through designation on a local, state, or national historic register.

Landscape” and “landscaped area” mean an inclusive combination of trees, shrubs, flowers, ferns, groundcover, and other vegetation as defined in AMC 19.65.030.

Landscaped block frontage” refers to a type of block frontage designation that emphasizes landscaped setbacks. See AMC 19.61.070 for details.

Light industry” means a land use category as defined in AMC 19.45.020(A).

Live-work dwelling unit” refers to a type of household living use defined in AMC 19.43.100.

Loading space” means an off-street space or berth on the same lot with a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, parking lot or other appropriate means of access.

Local government” means a county, city, or town.

Local improvement district” means an area comprised of a specific set of properties which are subject to a special property tax assessment after City Council action by ordinance pursuant to state statutes.

Long subdivision” means the division or redivision of land into 10 or more lots for the purpose of sale, lease, or transfer of ownership.

Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term includes tracts or parcels.

Lot coverage” means the area of a lot which is covered by buildings and structures. See AMC 19.42.110 for a clarification of how lot coverage standards established by AMC Chapter 19.42, Form and Intensity Standards, are applied.

Lot frontage” means the portion of the property line which abuts a street right-of-way.

Lot of record” means a lot which is described by a final plat, short plat, or metes and bounds, and is established consistent with applicable local and state regulations at the date a legal instrument creating the lot is recorded at the Skagit County Auditor’s office.

Lot Types. The diagram in Figure 19.12.020(L) illustrates terminology used in this title with reference to corner lots, interior lots, and through lots.

1. Corner lot” means a lot located at the intersection of two or more streets. A lot abutting a curved street or streets must be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

2. Interior lot” means a lot with frontage on only one street.

3. Through lot” means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

4. Flag lot” means a parcel of land, the body of which is separated from a public street by one or more lots, connected to a public street by a narrow portion (flagpole) of the parcel. See AMC 19.42.130(F) for flag lot setback standards.

5. Shared-access lot” means a group of lots sharing a driveway. See AMC 19.54.040(E) for shared-access lot standards.

Figure 19.12.020(L)

Types of lots.

Low impact development (LID)” means a stormwater and land use management strategy that strives to mimic the predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing the following techniques:

1. Conservation.

2. Use of on-site natural features.

3. Site planning.

4. Distributed stormwater best management practices (BMPs) integrated into a project design.

Common LID BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, water reuse, and rainwater harvesting.

Low impact development best management practice (LID BMP)” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration. LID BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse.

Low impact development principles” means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff.

M. M Definitions.

Major utility” means a type of utilities use as defined in AMC 19.46.040(A).

Manufactured home” refers to a type of household living use as defined in AMC 19.43.110.

Marijuana” means all parts of the plant cannabis, whether growing or not. See also “Cannabis.”

Marine block frontage” refers to a type of block frontage designation that emphasizes use of either the storefront or landscaped block frontage standards but which also offers greater flexibility in site orientation. See AMC 19.61.090 for details.

Medical office” means a type of medical use as defined in AMC 19.44.030.

Minimum requirement” means a technical minimum requirement described in Volume 1 of the Stormwater Management Manual for Western Washington (SWMMWW) and Appendix 1 of the city’s NPDES permit.

Minor utility” means a type of utilities use as defined in AMC 19.46.040(B).

Mixed block frontage” refers to a type of block frontage designation that allows use of either the storefront or landscaped block frontage standards. See AMC 19.61.080 for details.

Mixed-use” means a development that has a mix of uses such as but not limited to residential, office, retail, civic, dining, institutional, and industrial.

Modulation” means stepping forward or backward a portion of the facade as a means to articulate or add visual interest to the facade.

Motel. See “Hotel.”

Multifamily dwelling” refers to a type of household living use as defined in AMC 19.43.080.

Multifamily restricted dwelling” refers to a type of household living use as defined in AMC 19.43.090.

Municipal service facility” means a type of general-service use as defined in AMC 19.44.020(D).

Museum” means a type of civic use as defined in AMC 19.46.020(C)(4).

N. N Definitions.

National Pollutant Discharge Elimination System (NPDES)” means the part of the federal Clean Water Act that requires point source dischargers to obtain permits. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology.

Native vegetation” means vegetation composed of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, bigleaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed.

Neighborhood grocery store” means a type of retail sales use as defined in AMC 19.44.120(E).

Nonconforming” or “preexisting nonconforming” means a use or structure that was legally established when it was commenced or constructed but does not conform to laws or rules that were subsequently adopted.

Nursery” means a type of agriculture use as defined in AMC 19.46.010(E).

Nursing home” means a type of group living use as defined in AMC 19.43.140.

O. O Definitions.

Open record appeal hearing” means an open record hearing held on an appeal if no predecision hearing has been held on the project permit.

Open record hearing” means a hearing conducted by a single hearing body or officer authorized by the city to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution.

Open record predecision hearing” means an open record hearing held prior to the city’s decision on a project permit.

Open space” means that part of a property which is unobstructed by structures from the ground upward, unless otherwise noted for internal open space provisions in AMC 19.62.040.

Operational source control BMP” means a schedule of activities, prohibition of practices, and other managerial practices to prevent or reduce pollutants from entering stormwater.

P. P Definitions.

Parking space” means an off-street space plus room to enter and exit the space that is used temporarily to park a motor vehicle, and which has access to a public street or alley.

Party of record” means a person who has testified at a public hearing, or submitted a written statement related to an application within the allowed time frame, and who provides the city with a complete mailing address.

Passive recreation” means a mix of uses on undeveloped land (including wetland buffers) or minimally improved lands which includes the following: naturally landscaped areas, nonlandscaped green spaces, picnic areas, water bodies, trails, interpretive trails and other similar structures or development.

Pedestrian-oriented space” means publicly accessible spaces that enliven the pedestrian environment by providing opportunities for outdoor dining, socializing and relaxing and that provide visual amenities that can contribute to the character of the neighborhood. See AMC 19.62.040(D) for pedestrian-oriented space design criteria.

Permanent sign” means a type of sign as defined in AMC 19.67.030.

Permeable pavement” means pervious concrete, porous asphalt, permeable pavers, or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.

Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specific zone and subject to the limitations of the regulations of such zone.

Person” means and includes a human being or legal entities such as corporations, partnerships, etc.

Personal service” means a category of land uses as defined in AMC 19.44.080(A).

Pervious surface” means any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements.

Place of assembly” means a place for groups of people to gather for an event or scheduled program. Examples include both civic or public uses (see AMC 19.46.020) or commercial recreation uses (see AMC 19.44.090 and 19.44.100).

Planning Commission” means the duly appointed Planning Commission of the city.

Plat” means a scale drawing of a subdivision showing lots, blocks, streets, or tracts, or other division or dedications of land to be subdivided.

Pole sign” means a type of freestanding sign as defined in AMC 19.67.030.

Portable sign” means a type of freestanding sign as defined in AMC 19.67.030.

Preliminary plat” means a neat and approximate scale drawing of a proposed subdivision, showing the existing conditions and the proposed layout of streets, lots, blocks, and other information needed to properly review the proposal.

Preliminary short plat” means a neat and approximate scale drawing of a proposed short subdivision, showing the existing conditions and the proposed layout of streets, lots, blocks, encumbrances, encroachments, and other information needed to properly review the proposal.

Principal use” means the use for which the majority of a lot, structure, or building is designed or actually employed.

Produce stand” means a type of temporary use as defined in AMC 19.48.020(B).

Professional office” means a type of commercial use category as defined in AMC 19.44.040.

Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this definition.

Projecting sign” means a type of building-mounted sign as defined in AMC 19.67.030.

Public access” means access for all persons at all times.

Public park” means a type of parks, open space, and natural areas land use as defined by AMC 19.46.030(B).

Public safety facility” means a type of general-service use as defined in AMC 19.44.020(E).

Public street” means a public thoroughfare which provides the principal means of access to abutting properties. See AMC Chapter 19.52, Public Street Design, for related public street design standards and roadway functional classifications.

Q. Q Definitions.

Qualified professional” means a person with experience and training in the applicable field or critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geology or related field, and have two years of related work experience.

R. R Definitions.

Rain garden” means a nonengineered shallow, landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. See AMC 19.65.060(F) for rain garden design standards.

Real estate signs” means a type of sign as defined in AMC 19.67.030.

Receiving waters” means bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow. Groundwater to which surface runoff is directed by infiltration.

Recreational vehicle” means a type of temporary use as defined in AMC 19.48.020(D).

Religious institution” means any building used for nonprofit purposes by an established religious organization holding either tax exempt status under Section 501(c)(3) of the Internal Revenue Code or under the state property tax law, where such building is primarily intended to be used as a place of worship. The term includes, but is not necessarily limited to, church, temple, synagogue, and mosque.

Research and development” means a type of use category as defined in AMC 19.45.040.

Retail” means a type of use category as defined in AMC 19.44.120(A).

Retaining wall” means a structure that retains (holds back) any material (usually earth) and prevents it from sliding or eroding away.

Rezone” means an amendment which changes the use classifications and/or boundaries upon the official zoning map.

Right-of-way” means a strip of land in public ownership used for transportation, utility, open space, or other public purposes.

Rockery” means placed rocks used to control soil erosion.

Roofline” means the highest edge of the roof or the top of a parapet, whichever establishes the top line of the structure when viewed in a horizontal plane.

Rooming house” means a type of group living use as defined in AMC 19.43.150.

S. S Definitions.

School” means a type of civic use as defined in AMC 19.46.020(C).

Second floor” means the habitable floor above the ground floor.

Sediment basin (pond)” means a temporary sediment pond installed at a construction site.

Setback” means the minimum required distance between a property line and a line parallel to that property line. Types of setbacks include:

1. Street setback.

2. Street setbackgarage.

3. Side street setback.

4. Interior side setback.

5. Interior side setbacksecond floor.

6. Rear setback.

Figure 19.12.020(S) shows the location of some setback types on a typical lot. See AMC 19.42.130 for clarification on how all setback types are measured.

Figure 19.12.020(S)

Setback types.

Setback line” means a line designating the minimum setback from the property line. See AMC 19.42.130 for measurement clarifications.

Shell building” means a nonresidential building that is capable of being divided into multiple leasable units or spaces with different uses but has had no use or uses identified as part of a land use permit application.

Shoreline permit” means a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance issued pursuant to the city’s Shoreline Master Program.

Short plat” means the plat of a short subdivision.

Short subdivision” means the division or redivision of land into nine or fewer lots.

Sign. See AMC 19.67.030 for sign and sign-related definitions.

Significant tree” means a deciduous or evergreen tree greater than six inches in diameter at five feet above grade.

Single-family dwelling” refers to a type of household living use as defined in AMC 19.43.010(B).

Single-family—small lot dwelling” refers to a type of household living use as defined in AMC 19.43.030.

Site area” means the total horizontal area within the property lines excluding external streets, except where property lines extend waterward of the ordinary high water mark (OHWM), in which case the site area is the total horizontal area landward of the OHWM and excluding external streets.

Site plan” means a map or representation of a site showing thereon the location of various features of a particular proposal, such as setbacks, buildings, parking areas, and other items.

Source control BMP” means a structure or operation intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants.

Standard of review” means the amount of deference given by an appellate body in reviewing a decision of a lower decision-maker.

Storefront” means the ground floor facade of a commercial use adjacent to a sidewalk or internal pathway.

Storefront block frontage” refers to a type of block frontage designation that emphasizes storefronts. See AMC 19.61.060 for details.

Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater drainage system into a defined surface waterbody, or a constructed infiltration facility.

Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales.

Stormwater management manual” means the city’s manual for design of stormwater facilities, as adopted in AMC 19.76.040.

Story” means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

Street gutter” means a low area at the side of a road used to catch water and carry it away from the road.

Streetscape” means the space between the buildings on either side of a street that defines its character. The elements of a streetscape include block frontages, building facades, landscaping (trees, yards, bushes, plantings, etc.), sidewalks, street paving, street furniture (benches, kiosks, trash receptacles, fountains, etc.), signs, awnings, and street lighting.

Structural source control BMP” means a physical, structural, or mechanical device or facility that is intended to prevent pollutants from entering stormwater.

Structure” means that which is built or constructed. An edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, not to include fences less than seven feet high, paved areas, or retaining walls.

Subdivision” means the division or redivision of land as regulated by AMC Chapter 19.32, Land Divisions.

Substandard lot” means a lot that does not meet current city standards for area, width, or other dimensional characteristics for the zone in which it is located.

Surface water” means waters that flow over the land surface and frequently interact with groundwater.

T. T Definitions.

Temporary signs” means conforming signs permitted for a specified period of time. See AMC 19.67.110 for applicable standards.

Tent structure” means any structure which is designed to be freestanding or partially supported by another structure, is covered with metal, canvas, plastic, or other material of a generally temporary nature, supported by a wood or pipe or similar skeletal frame.

Townhouse dwelling” refers to a type of household living use as defined in AMC 19.43.070.

Tract” means land reserved for special uses such as open space, surface water retention, utilities, or access. Tracts are not counted as lots or considered as building sites.

Transparency” means the degree to which rays of light may transmit through a substance. For storefronts and other ground level nonresidential uses, transparency also refers to the ability to see through the window and into the building as clarified in AMC 19.61.050.

Treatment BMP” means a best management practice that is intended to remove pollutants from stormwater.

Tree” means any living woody plant characterized by one main stem or trunk (or a group of trunks, in some species) and many branches, and having a diameter of eight inches or more measured at 24 inches above ground level when mature.

Triplex dwelling” refers to a type of household living use as defined in AMC 19.43.060.

U. U Definitions.

Under-canopy signs” means a type of building-mounted sign as defined in AMC 19.67.030.

Undesignated block frontage” refers to a type of block frontage without a designation. See AMC 19.61.110 for details.

Undeveloped lot” means a lot or parcel of land upon which no building or structure exists.

Unit. See “Dwelling unit.”

Unit lot subdivision” means a subdivision of land within a parent parcel that creates individual sellable lots. See AMC 19.32.050(D) for unit lot subdivision procedures.

V. V Definitions.

Variance” means an adjustment from a dimensional or numeric standard of this title issued per AMC Chapter 19.38, Variances.

Vertical building modulation” means stepping back or projecting forward vertical walls of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls. Vertical building modulation may be used to meet the facade articulation standards in AMC 19.63.040.

Vesting” means the legal establishment of a right which cannot be revoked by subsequent conditions or changes in law without due process of law. Refer to AMC 19.20.070 for vesting standards.

W. W Definitions.

Wall” means an upright structure of wood, stone, brick or other such material serving to enclose, divide, support or protect.

Wall sign” means a type of building-mounted sign as defined in AMC 19.67.030.

Water-oriented industrial uses” means a type of use category as defined in AMC 19.45.080(A).

Weather protection” means a permanent horizontal structure above pedestrian areas such as sidewalks and building entries that protects pedestrians from inclement weather.

Window sign” means a type of building-mounted sign as defined in AMC 19.67.030. (Ord. 4023 § 1 (Att. A), 2022; Ord. 4022 § 1 (Att. A), 2022; Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016; Ord. 2794 § 1 (Att. A), 2008; Ord. 2316, 1994)

19.12.040 Rules of interpretation.

A. Within this title, all words used have their normal and customary meanings, unless specifically defined otherwise in this title.

1. Words used in the present tense include the future.

2. The plural includes the singular and vice versa.

B. Distances are measured horizontally unless otherwise specified.

C. Interpretations of this code must be consistent with the comprehensive plan.

D. Interpretations related to uses in each zone should be based on the “purpose” section of each zone.

E. Where two applicable rules conflict within this title, the most restrictive rule controls unless otherwise specified. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)

19.12.060 Supremacy.

In the event of a conflict between provisions of this title and AMC Title 13, 16, or 17 the provisions of this title control. In the event of a conflict between provisions of this title and AMC Chapter 18.16, Shoreline Master Plan, the provisions of AMC Chapter 18.16, Shoreline Master Plan, control. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)

19.12.080 Administrative interpretation.

A. Consistent with RCW 36.70B.110(11), any person may submit a written request for an interpretation of this title. Any such request must:

1. Specify each code section for which an interpretation is requested.

2. Describe why an interpretation of each section is necessary.

3. Include any reasons or material in support of a proposed interpretation.

4. Include any fee established by the City Council for such requests.

B. If the interpretation request is associated with a pending application for a development permit, the Director may consolidate the request with the process for review of the application. If the Director does not consolidate the request with an application, the Director must issue an interpretation within 60 days of receipt of the request and publish it to the city website.

C. In making an interpretation, the Director must consider all of the following:

1. The applicable provisions of the code, including their purpose and context.

2. The applicable provisions of the comprehensive plan and other relevant codes and policies.

3. The impact of the interpretation on other provisions of the AMC.

4. The implications of the interpretation for development within the city as a whole.

D. The Director may respond to inquiries regarding the applicability and interpretation of various code provisions prior to or outside the context of a formal request for an administrative interpretation.

E. An administrative interpretation is not binding on the Director or city, or appealable, but the decision-maker on a relevant development permit application may treat an interpretation as persuasive authority. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)

19.14.010 Short title.

This chapter shall be known as the building code for the city of Anacortes. (Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.14.020 Purpose.

The purpose of this chapter is to implement rules compatible with the state of Washington, RCW Chapter 19.27 and WAC Chapters 51-50, 51-51, 51-52, 51-56 and 51-54, with certain local modifications allowed by such chapters.

The purpose of this chapter and the codes adopted hereunder is to provide minimum standards to regulate certain activities within the city to protect the general public and not any particular individuals. Any duty established hereunder is to the general public and does not extend to any particular individual or any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. (Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.14.025 Adoption.

The following codes are hereby adopted by reference, subject to modifications and/or amendments hereinafter set forth in this chapter:

A. International Building Code, 2021 Edition, published by the International Code Council, together with all supplements thereto, including the 2021 International Existing Building Code, International Building Code Appendix E and ICC A117.1-2019 (Washington State Amendments); International Building Code Appendix C, Appendix E, Appendix G, and Appendix J; International Existing Building Code Appendix A; mandated state amendments and subject to the modifications set forth by the state of Washington in Chapter 51-50 WAC;

B. International Residential Code, 2021 Edition, published by the International Code Council, together with all supplements thereto, International Residential Code Appendices F, Q, U and T and subject to the modifications set forth by the state of Washington in Chapter 51-51 WAC;

C. International Fire Code, 2021 Edition, Appendices B, C, D, and J and subject to the modifications set forth by the state of Washington in Chapter 51-54A WAC;

D. International Mechanical Code, 2021 Edition, published by the International Code Council, together with all supplements thereto, and subject to the modifications set forth by the state of Washington in Chapter 51-52 WAC;

E. International Wildland-Urban Interface Code, 2021 Edition, published by the International Code Council;

F. Uniform Plumbing Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, together with all supplements and amendments thereto, and subject to the modifications set forth by the state of Washington in Chapter 51-56 WAC, Appendices Chapter A, Chapter B and Chapter M; provided, that Chapters 12 and 15 are not adopted; provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions addressing building sewers are not adopted;

G. International Fuel Gas Code, 2021 Edition, published by the International Code Council, together with standards NFPA 58 and NFPA 54;

H. International Property Maintenance Code, 2021 Edition, published by the International Code Council, is adopted by reference;

I. International Energy Conservation Code, 2021 Edition, for residential and commercial, published by the International Code Council, together with supplements and amendments thereto, per Chapters 51-11R and 51-11C WAC;

J. Installation of factory built housing and commercial structures, RCW 43.22.460, together with WAC 296-150C-0540, and the installation of manufactured and mobile homes, RCW 43.22.440 and WAC 296-150M-0650;

K. In case of conflict among the codes numerated in subsections A through I of this section, the first named code shall govern over those following;

L. Fire District. Within that area north of the north line of 22nd Street lying between the east line of O Avenue and the west line of Q Avenue, any new building or portion of a building hereafter subject to alteration or repair shall be of Type V-A (one-hour fire-resistive) construction minimum;

M. For the purpose of determining valuation for issuance of building permits and charging building permit fees, the current building valuation data published in the Building Safety Journal by the International Code Council shall be utilized. (Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016; Ord. 2905 § 2(App. A), 2013)

19.14.030 Adoption of International Building Code.

The International Building Code, published by the International Code Council, as adopted by the state of Washington, Chapter 51-50 WAC, together with any supplements thereto, 2021 Edition, are adopted by reference with the following amendments:

Section 101.1. Insert City of Anacortes.

Section 103.1. Insert Building Division.

Section 105.2 is amended to read as follows:

105.2 Work exempt from permit.

Building:

Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. This section will be amended as follows:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor does not exceed 144 square feet and the height is less than 12’.

2. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

4. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

6. Temporary motion picture, television and theater stage sets and scenery.

7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground.

8. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

9. Swings and other playground equipment accessory to detached one and two family dwellings.

10. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.

11. Non-fixed and movable fixtures, cases and racks, counters and partitions not over 5 feet 9 inches in height.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

Section 105.5 is amended to read as follows:

105.5 Expiration.

Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance

If the work described in any building permit has not been substantially completed within 24 months of the date of issuance thereof, said permit shall expire. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Work on the project shall not proceed unless a permit renewal fee has been paid. The renewal fee is half of the original building permit fee amount.

Section 109.2 is amended to read as follows:

109.2 Schedule of permit fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with:

109.2.1 Table B building permit fees for other than single-family dwellings codified in chapter 19.14.150.

109.2.2 Plan Review Fees.

109.2.2.1 When submittal documents are required, a plan review fee shall be paid. Such plan review fee shall be sixty-five percent of the building permit fee as shown in Tables B and G-1.

109.2.2.2 The plan review fees specified in this section are separate fees from the permit fees specified in this section and are in addition to the permit fees.

109.2.2.3. When submittal documents are incomplete or change so as to require additional plan review or when the project involves phased approval, an additional plan review fee shall be charged at the rate shown in Table G-1 or B.

109.2.3. Table G-1 grading permit fees codified in chapter 19.14.160

109.2.4 Manufactured home. A building permit will be required before any manufactured home shall be permitted in the city. A fee of one hundred and seventy five dollars shall be charged for mobile homes placed in mobile home parks, two hundred and sixty-eight for single wide manufactured homes, four hundred and twenty three for double or triple wide manufactured homes placed outside of established manufactured home parks.

Section 109.4 is amended to read as follows:

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee required by this chapter and said fee shall be in addition to the required permit fees. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

Section 109.6 is amended to read as follows:

109.6 Refunds. The building official is authorized to establish a refund policy.

The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee no later than 180 days after the date of fee payment.

Section 113.1 is amended to read as follows:

Sections 113.2-113.4 are not adopted.

113.1 General. In order to determine the suitability of alternate materials and methods of construction and in order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, appeals follow the process under AMC table 19.20.030 and appeals 19.20.180.

(Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016; Ord. 2905 § 2(App. A), 2013)

19.14.035 Adoption of the International Residential Code.

The International Residential Code, published by the International Code Council, as adopted by the state of Washington, Chapter 51-51 WAC, together with any supplements thereto, 2021 Edition, be and they are adopted by reference with the following amendments.

Section R105.2 is amended to read as follows:

R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Building:

1. Other than storm shelters, one-story detached accessory structures, provided the floor area does not exceed 144 square feet.

2. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

4. Sidewalks and driveways not more than 30 inches above adjacent grade and not over any basement or story below.

5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

6. Prefabricated swimming pools that are less than 24 inches deep.

7. Swings and other playground equipment.

8. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting.

2. Reinstallation of attachment plug receptacles but not the outlets therefor.

3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.

4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Gas:

1. Portable heating, cooking or clothes drying appliances.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical:

1. Portable heating appliances.

2. Portable ventilation appliances.

3. Portable cooling units.

4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative coolers.

7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.

8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

Section R105.5 is amended to read as follows:

R105.5 Expiration.

Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance

If the work described in any building permit has not been substantially completed within 24 months of the date of issuance thereof, said permit shall expire. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Work on the project shall not proceed unless a permit renewal fee has been paid. The renewal fee is half of the original building permit fee amount.

R106.3.3 Phased approval.

The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure after the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

Section R108 is amended to read as follows:

Section R108. Fees.

R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

R108.2 Schedule of permit fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

R108.2.1 Building permit fee. Building permit fees for single family residential permit shall be as specified in Table B codified in chapter 19.14.150.

R108.2.2 Mechanical permit fees. The fees for mechanical work and gas piping shall be as specified in Table M-1 codified in chapter 19.14.170.

R108.2.3 Plumbing permit fees. The fees for plumbing work shall be as specified in Table P-1 codified in chapter 19.14.180.

R108.2.4 Plan review fees.

1. When submittal documents are required by section R106.1, a plan review fee shall be paid. Such plan review fee shall be sixty-five (65) percent of the building permit fee as specified in Table B.

2. The plan review fees specified in this section are separate fees from the permit fees specified in this section and are in addition to the permit fees.

3. When submittal documents are incomplete or change so as to require additional plan review or when the project involves phased approval as defined in section R106.3.3, an additional plan review fee shall be charged at the rate shown in Table B.

R108.3 Building permit valuations. Building permit valuation shall be based on the current Building Valuation Data Sheet issued by the International Code Council. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.

R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

Section R108.5 is amended to read as follows:

R108.5 Refunds. The building official is authorized to establish a refund policy.

The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee no later than 180 days after the date of fee payment.

Section R108.6 is amended to read as follows:

R108.6 Work commencing before permit issuance.

Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority equal to the amount of the permit fee required by this chapter and said fee shall be in addition to the required permit fees.

Section R112 is amended to read as follows:

R112.1 General.

In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, and to hear any appeals hereunder and in order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, appeals follow the process under AMC table 19.20.030 and appeals 19.20.180.

Section R301 is amended as follows:

Table R301.2(1) The local values shall be as follows.

Table R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

SUBJECT TO DAMAGE FROM

WINTER DESIGN TEMP

ICE SHIELD UNDER-LAYMENT REQUIRED

FLOOD HAZARDS

AIR FREEZ-ING INDEX

MEAN ANNUAL TEMP

GROUND SNOW LOAD

WIND SPEED (mph)

SEISMIC DESIGN CATE-GORY

Weather-ing

Frost line depth

Termite

Decay

20

115

D1

Moderate

12

N-S

S-M

24

No

9/17/03

154

50

(Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016; Ord. 2905 § 2(App. A), 2013)

19.14.040 Adoption of International Mechanical Code.

The International Mechanical Code, 2021 Edition, with amendments as adopted by the state of Washington as Chapter 51-52 WAC be and it is adopted by reference.

Section 103.1. Insert Building Division.

Section 109.2 is amended to read as follows:

109.2 Schedule of permit fees.

Where work requires a permit, a fee for each permit shall be paid as required, in accordance with Table M-1 codified in chapter 19.14.170.

Section 113 is amended to read as follows:

113.1 General.

In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code and in order to provide for final interpretation of the provisions of this code, appeals follow the process under AMC table 19.20.030 and appeals 19.20.180

Section 114 is not adopted.

Section 115.4 is amended to read as follows:

115.4 Violation penalties.

Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be assessed a civil fine of not more than five hundred dollars ($500.00) for each violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 116.4 is amended to read as follows:

116.4 Failure to comply.

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than five hundred dollars ($500). Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016)

19.14.050 Adoption of International Property Maintenance Code.

The International Property Maintenance Code, 2021 Edition, published by the International Code Council is adopted by reference.

Section 103.1. Insert Building Division.

Sections 107 and 108 are amended to read as follows:

107 Appeal Process. In order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, appeals follow the process under AMC table 19.20.030 and appeals 19.20.180.

Section 108 as written in the 2021 IPMC is not adopted.

Section 302.4 is amended to read as follows:

302.4 Weeds.

Premises and exterior property shall be maintained free from weeds or plant growth in excess of 9”. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 108.3 and as prescribed by the authority having jurisdiction per AMC 19.14.130. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

Section 602.3 is amended to read as follows:

602.3 Heat supply.

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.

Section 602.4 is amended to read as follows:

602.4 Occupiable work spaces.

Indoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

(Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016; Ord. 2905 § 2(App. A), 2013)

19.14.060 Adoption of International Fire Code.

The International Fire Code 2021 Edition, as adopted by the state of Washington as Chapter 51-54A WAC including Appendices B, C, and only Sections D101, D102, D103.5, D103.6, D105, of Appendix D and Appendix J, is adopted by reference with the following amendments:

Section 103.1. Insert Building Division

Section 111 is amended to read as follows:

111 In order to determine the suitability of alternate materials and type of construction and in order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, appeals follow the process under AMC table 19.20.030 and appeals 19.20.180.

Section 112.4 is amended to read as follows:

112.4 Violation Penalties

Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be liable to a fine of not less than $500. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 503.1 is amended to read as follows:

Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur:

1.1 The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

1.2 Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

1.3 There are not more than two Group R-3 or Group U occupancies.

Section 503.2.2 is amended to read as follows:

503.2.2 Authority

The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where they can be met by other means as approved by the fire code official as necessary to meet the public safety objectives of the jurisdiction.

Section 503.6 amended to read as follows:

503.6 Security gates.

The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

Security gates that hinder or prevent access to Fire Department or EMS agencies in any commercial occupancy, or property serving four (4) or more residential occupancies shall require an approved automatic opener activated by opticom and a secondary means to manually open the gate in the event of power failure.

Section 5704.2.14 is amended to read as follows:

5704.2.14 Removal and disposal of tanks.

Removal and disposal of tanks shall comply with Sections 5704.2.14.1 and 5704.2.14.2.

5704.2.14.1 Removal.

Removal of above-ground and underground tanks shall be in accordance with all of the following:

1. Flammable and combustible liquids shall be removed from the tank and connected piping.

2. Piping at tank openings that is not to be used further shall be disconnected.

3. Piping shall be removed from the ground.

Exception: Piping is allowed to be abandoned in place where the fire code official determines that removal is not practical.

Abandoned piping shall be capped and safeguarded as required by the fire code official.

4. Tank openings shall be capped or plugged, leaving a 1/g-inch to 1/4-inch-diameter (3.2 mm to 6.4 mm) opening for pressure equalization.

5. Tanks shall be purged of vapor and inerted prior to removal.

6. All exterior above-grade fill and vent piping shall be permanently removed.

Exception: Piping associated with bulk plants, terminal facilities and refineries.

5704.2.14.2 Disposal.

Tanks shall be disposed of in accordance with federal, state and local regulations.

Section 5704.2.14.3 The removal of underground storage tanks must be performed by, or directly supervised, by an individual certified by the International Code Council as an Underground Storage Tank Decommissioner or other approved certification.

(Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016; Ord. 2905 § 2(App. A), 2013)

19.14.065 Adoption of International Wildland Urban Interface Code.

The 2021 Edition of the International Wildland Urban Interface Code, published by the International Code Council, as adopted by the state of Washington, including Section 801, Fire Hazard Severity Form, is hereby adopted by reference.

Section 103.1. Insert Building Division.

Table 603.2 is amended to read as follows:

Table 603.2 REQUIRED DEFENSIBLE SPACE

WILDLAND-URBAN INTERFACE AREA

FUEL MODIFICATION DISTANCE (feet)a

Moderate hazard

30

High hazard

50

Extreme hazard

100

For SI: 1 foot = 304.8 mm.

aDistances are allowed to be increased due to site-specific analysis based on local conditions and the fire protection plan.

bSpace within improved right of ways may contribute towards required defensible space.

(Ord. 4073 § 1 (Att. A), 2024)

19.14.070 Adoption of Uniform Plumbing Code and Uniform Plumbing Code Standards.

The Uniform Plumbing Code and Uniform Plumbing Code Standards, 2021 Edition, as adopted by the state of Washington as Chapter 51-56 WAC, be and they are adopted.

Section 104.5 shall be amended as follows:

104.5 Permit Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the fee schedule Table P-1 codified in chapter 19.14.180.

Section 104.3.2 shall be amended as follows:

104.3.2 Plan review Fees. When a plan or other data is required to be submitted by 104.3.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be 65 percent of the Plumbing Permit fees as shown in Table P-1.

The plan review fees specified in this subsection are separate fees from the permit fees specified in section 104.5 and are in addition to the permit fees.

When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table P-1.

(Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016; Ord. 2905 § 2(App. A), 2013)

19.14.085 Adoption of standards for manufactured home installation.

Installation of factory built housing and commercial structures, RCW 43.22.460, together with WAC 296-150C-0540, and the installation of manufactured and mobile homes, RCW 43.22.440 and WAC 296-150M-0650 are hereby adopted by reference. (Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016; Ord. 2905 § 2(App. A), 2013)

19.14.090 International Energy Conservation Code.

The International Energy Conservation Code, 2021 Edition, for residential and commercial, published by the International Code Council, together with supplements and amendments thereto, per Chapters 51-11R and 51-11C WAC are hereby adopted by reference. (Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2981 § 1, 2016; Ord. 2905 § 2(App. A), 2013)

19.14.110 Administrative authority.

The building code of the city shall be administered and enforced by the building official of the city. The building official of the city or his designee shall be deemed to be the authority charged with enforcement as defined in Section 104 of the International Building Code, Section 104 of the International Mechanical Code, Section 104 of the International Fuel Gas Code and Section 104 of the International Wildland-Urban Interface Code. The building official or his designee shall also be deemed the “authority having jurisdiction,” as such term is defined in Section 103 of the Uniform Plumbing Code, for the purpose of enforcing and administering the provisions of the Uniform Plumbing Code. (Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.14.120 Unlawful acts.

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, or cause the same to be done contrary to or in violation of any of the provisions of this chapter and the codes adopted by reference. (Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.14.130 Violation—Penalty.

Notwithstanding the provisions of Section 114 of the International Building Code, Section 113 of the International Residential Code, Section 115 of the International Mechanical Code, Section 115 of the International Fuel Gas Code, Section 112 of the International Fire Code, Part I, Section 106.3 of the Uniform Plumbing Code, any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted and upon conviction of any such violation such persons shall be punishable by a fine of not more than $500.00. (Ord. 4073 § 1 (Att. A), 2024; Ord. 3081 § 1 (App. A), 2021; Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.14.150 Permit fee schedule.

Table B BUILDING PERMIT FEES

Total Valuation

Fee

$1.00 to $500.00

$23.50

$501.00 to $2,000.00

$23.50 for the first $500.00, plus $3.05 for each additional $100.00 or fraction thereof, to and including $2,000.00

$2,001.00 to $25,000.00

$69.25 for the first $2,000.00, plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00

$25,001.00 to $50,000.00

$391.75 for the first $25,000.00, plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00

$50,001.00 to $100,000.00

$643.75 for the first $50,000.00, plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00

$100,001.00 to $500,000.00

$993.75 for the first $100,000.00, plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00

$500,001.00 to $1,000,000.00

$3,233.75 for the first $500,000.00, plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00

$1,000,001.00 and up

$5,608.75 for the first $1,000,000.00, plus $3.65 for each additional $1,000.00 or fraction thereof

Other Inspections and Fees

1. Inspections outside of normal business hours (minimum charge—two hours)

$55.00 per hour

2. Reinspection fees assessed after the first reinspection

$55.00 per hour

3. Inspections for which no fee is specifically indicated (minimum charge—one-half hour)

$55.00 per hour

4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge—one-half hour)

$55.00 per hour

(Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.14.160 Grading fees.

Table G-1 GRADING PERMIT FEES1

Total Valuation

Fee

50 cubic yards or less

$23.50

51 to 100 cubic yards

$37.00

101 to 1,000 cubic yards

$37.00 for the first 100 cubic yards, plus $17.50 for each additional 100 cubic yards or fraction thereof

1,001 to 10,000 cubic yards

$194.50 for the first 1,000 cubic yards, plus $14.50 for each additional 1,000 cubic yards or fraction thereof

10,001 to 100,000 cubic yards

$325.00 for the first 1,000 cubic yards, plus $66.00 for each additional 10,000 cubic yards or fraction thereof

100,001 cubic yards or more

$919.00 for the first 100,000 cubic yards, plus $36.50 for each additional 10,000 cubic yards or fraction thereof

1The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.

Other Inspections and Fees

1. Inspections outside of normal business hours (minimum charge—two hours)

$55.00 per hour

2. Reinspection fee assessed after the first reinspection

$55.00 per hour

3. Inspections for which no fee is specifically indicated (minimum charge—one-half hour)

$55.00 per hour

GRADING PLAN REVIEW FEES

50 cubic yards or less

No fee

51 to 100 cubic yards

$23.50

101 to 1,000 cubic yards

$37.00

1,001 to 10,000 cubic yards

$49.25

10,001 to 100,000 cubic yards

$49.25 for the first 10,000 cubic yards, plus $24.50 for each additional 10,000 cubic yards or fraction thereof

100,001 to 200,000 cubic yards

$269.75 for the first 100,000 cubic yards, plus $13.25 for each additional 10,000 cubic yards or fraction thereof

200,001 cubic yards or more

$402.25 for the first 100,000 cubic yards, plus $7.25 for each additional 10,000 cubic yards or fraction thereof

Other Fees:

Additional plan review required by changes, additions or revisions to approved plans (minimum charge—one-half hour)

$55.00 per hour

(Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.14.170 Mechanical permit fees.

Table M-1 MECHANICAL PERMIT FEES

Permit Issuance and Heaters

1. For the issuance of each mechanical permit

$23.50

2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled

$7.25

Unit Fee Schedule

(Note: The following do not include permit-issuing fee.)

1. Furnaces

For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3 kW)

$14.80

For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW)

$18.20

For the installation or relocation of each floor furnace, including vent

$14.80

For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater

$14.80

2. Appliance Vents

For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit

$7.25

3. Repairs or Additions

For the repair of, alteration, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code

$13.70

4. Boilers, Compressors and Absorption Systems

For the installation or relocation of each boiler or compressor to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW)

$14.70

For the installation or relocation of each boiler or compressor over 3 horsepower (10.6 kW), to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW), to and including 500,000 Btu/h (146.6 kW)

$27.15

For the installation or relocation of each boiler or compressor over 15 horsepower (52.7 kW), to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (146.6 kW), to and including 1,000,000 Btu/h (293.1 kW)

$37.25

For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW), to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW), to and including 1,750,000 Btu/h (512.9 kW)

$55.45

For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW)

$92.65

5. Air Handlers

For each air-handling unit, to and including 10,000 cubic feet per minute (cfm) (4719 L/s), including ducts attached thereto

$10.65

Note: This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code.

For each air-handling unit over 10,000 cfm (4719 L/s)

$18.10

6. Evaporative Coolers

For each evaporative cooler other than portable type

$10.65

7. Ventilation and Exhaust

For each ventilation fan connected to a single duct

$7.25

For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit

$10.65

For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood

$10.65

8. Incinerators

For the installation or relocation of each domestic-type incinerator

$18.20

For the installation or relocation of each commercial or industrial-type incinerator

$14.50

9. Miscellaneous

For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table

$10.65

Other Inspections and Fees

1. Inspections outside of normal business hours, per hour (minimum charge—two hours)

$55.00

2. Reinspection fees assessed under provisions of Section 116.6, per inspection

$55.00

3. Inspections for which no fee is specifically indicated, per hour (minimum charge—one-half hour)

$55.00

4. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge—one-half hour)

$55.00

* Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

Gas Piping System

For each gas piping system of one to four outlets

$4.75

For each additional outlet exceeding four, each

$1.10

When Chapter 14 is applicable, permit fees for process piping shall be as follows:

For each hazardous process piping system (HPP) of one to four outlets

$5.00

For each hazardous process piping of five or more outlets, for each outlet

$1.00

For each non hazardous process piping system (NPP) of one to four outlets

$2.00

For each non hazardous piping system of five or more outlets, per outlet

$0.50

(Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.14.180 Plumbing permit fees.

Table P1 PLUMBING PERMIT FEES

Permit Issuance

1. For issuing each permit

$20.00

2. For issuing each supplemental permit

$10.00

Unit Fee Schedule (in addition to items 1 and 2 above)

1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefore)

$7.00

2. For each building sewer and each trailer park sewer

$15.00

3. Rainwater systems, per drain (inside building)

$7.00

4. For each cesspool (where permitted)

$25.00

5. For each private sewage disposal system

$40.00

6. For each water heater and/or vent

$7.00

7. For each gas piping system of one to five outlets

$5.00

8. For each additional gas piping system outlet, per outlet

$1.00

9. For each industrial waste pretreatment interceptor, including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps

$7.00

10. For each installation, alteration or repair of water piping and/or water treating equipment, each

$7.00

11. For each repair or alteration of drainage or vent piping, each fixture

$7.00

12. For each lawn sprinkler system on any one meter, including backflow protection devices therefore

$7.00

13. For atmospheric-type vacuum breakers not included in item 12:

1. to 5

$5.00

over 5, each

$1.00

14. For each backflow protective device other than atmospheric type vacuum breakers:

2 inch (51 mm) diameter and smaller

$7.00

over 2 inch (51 mm) diameter

$15.00

15. For each gray water system

$40.00

16. For initial installation and testing for a reclaimed water system

$30.00*

17. For each annual cross-connection testing of a reclaimed water system (excluding initial test)

$30.00*

18. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas

$50.00

19. For each additional medical gas inlet(s)/outlet(s)

Other Inspections and Fees

1. Inspections outside of normal business hours

$55.00

2. Reinspection fee

$55.00

3. Inspections for which no fee is specifically indicated

$55.00

4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge—one-half hour)

$55.00

*Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervisions, overhead, equipment, hourly wages and fringe benefits of all the employees involved.

(Ord. 2992 § 1 (Att. A), 2016; Ord. 2905 § 2(App. A), 2013)

19.16.010 Purpose.

This chapter establishes a program and process for early and continuous public participation for land use legislation consistent with RCW Chapter 36.70A, the Growth Management Act. (Ord. 3004 § 2 (Att. A), 2017; Ord. 2992 § 1 (Att. A), 2016)

19.16.020 Applicability.

A. This chapter applies to adoption and amendment of any of the following legislative matters:

1. The Comprehensive Plan;

2. The Comprehensive Plan land use map;

3. Implementing development regulations.

B. This chapter does not apply to any of the following quasi-judicial matters:

1. Development permit applications;

2. Rezones permitted by an existing Comprehensive Plan designation that do not require a simultaneous amendment to the Comprehensive Plan.

C. This chapter does not apply to any of the following legislative matters:

1. Adoption and amendment of international and uniform codes such as the International Building Code, International Fire Code, or other codes required by the State of Washington;

2. Adoption of regulations governing impact fees, development agreements, and amendment of this chapter. (Ord. 3004 § 2 (Att. A), 2017; Ord. 2992 § 1 (Att. A), 2016)

19.16.030 General requirements.

A. For amendments to the Comprehensive Plan policies (other than the capital facilities planning element, or the capital facilities financing plan) or land use map, the City must:

1. Accept petitions per AMC 19.16.040;

2. Docket amendments per AMC 19.16.050;

3. Perform environmental review of the docket per AMC 19.16.060;

4. Provide all public notices per AMC 19.16.070;

5. Perform review by the Planning Commission per AMC 19.16.080; and

6. Offer additional opportunities for public comment if required per AMC 19.16.090;

7. Adopt all amendments by ordinance simultaneously each year except for amendments that qualify for one of the exceptions in RCW 36.70A.130(2)(a).

B. For amendments to the development regulations, the City must:

1. Accept petitions per AMC 19.16.040 and docket amendments per AMC 19.16.050, or the City may itself initiate the process of adopting or amending development regulations at any time;

2. Provide all public notices per AMC 19.16.070;

3. Perform review by the Planning Commission per AMC 19.16.080;

4. Offer additional opportunities for public comment if required per AMC 19.16.090; and

5. Adopt all amendments by ordinance.

C. For amendments to the capital facilities planning element, or the capital facilities financing plan, the City must:

1. Update the capital facilities financing plan at least once every two years;

2. Ensure the financing plan is consistent with the Comprehensive Plan, as required by RCW 36.70A.070, and includes at least the next six years of capital facilities expenditures;

3. Ensure the financing plan is consistent with the City budget;

4. Hold a public hearing and offer a written comment period of at least two weeks;

5. Provide public notice consistent per AMC 19.16.070;

6. Offer additional opportunities for public comment if required per AMC 19.16.090;

7. Adopt the amendments to the capital facilities planning element, or the capital facilities financing plan, by ordinance into the City’s Comprehensive Plan; and

8. Consistent with the provisions for timing of amendments to the Comprehensive Plan identified in RCW 36.70A.130, adopt the amendments either:

a. Simultaneous with the docket of annual amendments to the Comprehensive Plan; or

b. Simultaneous with adoption or amendment of the City budget. (Ord. 3004 § 2 (Att. A), 2017; Ord. 2992 § 1 (Att. A), 2016)

19.16.040 Petitions.

A. Types of Petitions. A petition is one or more of the following types:

1. An amendment to the comprehensive plan policies;

2. An amendment to the comprehensive plan land use map (which requires a simultaneous rezone);

3. An amendment to the development regulations.

B. When to File.

1. A petition must be submitted on or before the last business day of March, except that a city-initiated petition is not subject to this deadline.

2. A petition for a rezone or map amendment may be considered only once between each comprehensive plan periodic update unless the applicant demonstrates a substantial change in circumstances. A petition for the same property may not be considered in consecutive years.

C. How to File.

1. A petition must be filed with the department on forms provided by the department.

2. A petition must be filed with all fees required by the adopted fee schedule.

3. A city-initiated petition does not require a written petition or fees.

D. Contents of Petition. A petition for amendment of the comprehensive plan or the development regulations must include the following:

1. A detailed statement of what is proposed to be changed and why;

2. A statement of anticipated impacts to be caused by the change, including geographic area affected and issues presented;

3. A demonstration of why the proposal is needed;

4. A statement of how the amendment is consistent with the comprehensive plan’s vision and goals.

E. A petition for a rezone or amendment of the Comprehensive Plan map must also include a detailed description of how the map amendment complies with:

1. The land use designation criteria in the comprehensive plan; and

2. Approval criteria for map amendments and rezones. (Ord. 2992 § 1 (Att. A), 2016)

19.16.050 Docketing.

A. The Department must review all new petitions and any petitions deferred from the previous year’s docket, and forward a recommendation to the City Council as to which petitions should be included in the next year’s docket, along with a list of all petitions submitted.

B. In making its docket recommendation, the department must consider whether:

1. The petition complies with the filing requirements;

2. The petition, in light of all proposed amendments being considered for inclusion in the year’s docket, can be reasonably reviewed within the staffing and operational budget allocated to the department by the City Council;

3. The proposed amendment, to be adopted, would not require additional amendments to the comprehensive plan or development regulations not addressed in the application, and is consistent with other goals, objectives and policies adopted by the city council;

4. The proposed amendment raises policy, land use, or scheduling issues that would more appropriately be addressed as part of an ongoing or planned work program, or as part of the periodic review cycle;

5. Some legal or procedural flaw in the petition would prevent its legal implementation; or

6. The petition lacks sufficient information or adequate detail to review and assess whether or not the proposal meets the applicable approval criteria. A determination that the proposal contains sufficient information and adequate detail for the purpose of docketing does not preclude the department from requesting additional information at any later time.

C. Following receipt of the department’s docket recommendation, the city council must hold a public hearing to allow applicants and the public to comment on the department’s recommendation. The city council must subsequently consider the department’s recommendation and the public comment and decide which petitions to include as part of the annual docket.

D. The city council must include, exclude, or defer each petition.

1. Include. The city council’s decision to include a petition in the docket is procedural only and does not constitute a decision by the city council as to whether the amendment will ultimately be approved.

2. Exclude. The city council’s decision to exclude a petition from the docket terminates the petition.

3. Defer. The city council’s decision to defer a petition means the city council will consider the petition for docketing in the next annual amendment cycle.

E. The petitions included in the docket must be processed according to the remaining sections of this chapter, including public review and comment and planning commission recommendation, and final city council action to approve, approve with modifications, defer to a subsequent amendment cycle, or deny each petition. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)

19.16.060 Environmental review of docket.

A. After the council establishes the year’s docket of comprehensive plan amendments, the city must complete environmental review of all of the proposed amendments, consistent with the requirements of RCW Chapter 43.21C and AMC Chapter 18.04. For a site-specific comprehensive plan amendment, the applicant must submit a complete environmental checklist, required fees, and any other supporting information required by the department.

B. After receipt and review of the environmental checklist(s) for each of the docketed comprehensive plan amendments, the department must issue threshold determination(s) on the docket of amendments.

C. Any environmental review must consolidate, as much as practical, site-specific SEPA review with review of the entire docket of proposed comprehensive plan amendments to ensure adequate consideration of cumulative effects of the proposed amendments.

D. A petition that is carried over from a previous year’s docket to the next docket does not require a new SEPA checklist and fee, and is not required to be considered in the same environmental document as other proposals in the same docket. However, the department may require additional SEPA analysis to assess the cumulative impacts of the various proposals constituting a docket. (Ord. 2992 § 1 (Att. A), 2016)

19.16.070 Public notices.

A. All public hearings and written comment periods that appear in this chapter require public notice.

B. Consistent with RCW 36.70A.035(1), “public notice” whenever it appears in this chapter includes all of the following:

1. Publishing a native electronic copy of the document on the proposal’s webpage on the department’s website;

2. Sending notice to the department’s e-mail list, including general lists or relevant lists for specific proposals or subject areas;

3. Publishing a paid notice in the city’s official newspaper.

C. For site-specific proposals (e.g., site-specific comprehensive plan map amendments), the initial “public notice” of a proposal also includes all of the following:

1. Posting notice on the property;

2. Mailing notice directly to the owners of the subject property and to all property owners within three hundred feet of the subject property.

D. Notices must include all of the following:

1. A concise description of the proposal in plain English;

2. Information on how to provide comment on the proposal;

3. Deadlines for public comment;

4. Address of the project webpage. (Ord. 2992 § 1 (Att. A), 2016)

19.16.080 Review by planning commission.

A. Public Hearing.

1. After environmental review, the planning commission must hold at least one public hearing before issuing a recommendation on each proposal.

2. If necessary due to the number of people present to comment, the planning commission may continue the public hearing to another date, time, or location.

B. Deliberations.

1. Required Consideration. The planning commission must consider the following in making its recommendation:

a. Public hearing testimony and written comment received during any public comment period;

b. Recommendations and analysis from relevant city advisory groups;

c. Staff recommendations and analysis;

d. Legal advice;

e. Consistency of the proposal with the comprehensive plan;

f. For proposed comprehensive plan map changes, whether the proposal is justified by changed or changing conditions, whether the proposal would create an isolated land use designation unrelated to adjacent designations (a spot zone), and whether the proposal will be compatible with neighboring properties and not adversely affect the value of those properties.

2. Ability to Ask Follow-Up Questions. The Planning Commission may ask specific follow-up questions of those that testify or submit written comments in order to clarify their testimony or request specific further information.

3. Ability to Continue Deliberations. The Planning Commission may continue their deliberations to a subsequent meeting if it needs additional information or additional time to deliberate.

C. Recommendation to City Council.

1. Timing. At the conclusion of its deliberations, the planning commission must vote on the proposal.

2. Vote. The planning commission may vote to recommend approval, approval with modifications, or rejection of the proposal. The planning commission may recommend general modifications to the proposal and need not provide explicit textual edits.

3. Content. The planning commission’s recommendation on a proposal must be by recorded motion, which must contain the following components:

a. Findings of Fact. a list of facts that the planning commission believes to be true and that are relevant to its recommendation on the proposal.

b. Reasons for Action. an explanation of the planning commission’s rationale in making its recommendation.

c. Recommendation. the recommendation resulting from the vote.

d. Vote. a record of the roll call vote on the entire recorded motion.

e. Additional Comments. other relevant comments, suggestions, or recommendations, not strictly related to the recommendation, that the planning commission desires to include.

f. Signature of the chair attesting that the recorded motion reflects the planning commission’s decision. (Ord. 2992 § 1 (Att. A), 2016)

19.16.090 Review by city council.

A. Upon receipt of the planning commission’s recommendation, the city council must consider and take action on the recommendation.

B. The city council may take final action with no further process in any of the following situations:

1. When the plan, plan amendment, or development regulation to be adopted by the city council conforms substantially to the proposal as made available for public comment;

2. Pursuant to RCW 36.70A.035, when any of the following are true:

a. An environmental impact statement (EIS) has been prepared under RCW Chapter 43.21C for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;

b. The proposed change is within the scope of the alternatives available for public comment;

c. The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;

d. The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or

e. The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390.

3. When the action is to preserve the status quo and reject any and all changes in their entirety.

C. Except as provided in subsection B, the city council must allow additional public comment opportunity prior to final action. The city council must choose one or more of the following options to provide such opportunity:

1. An additional written public comment period;

2. One or more public hearings before the city council;

3. Remand of issue(s) to the planning commission for further recommendations after an additional written public comment period, or an additional public hearing, or both.

D. If the city council adopts a substantial change from the original proposal without remand, it must adopt its own findings of fact and reasons for action, setting forth the factors considered in the public comment or at the hearing and its own analysis of findings considered by it to be controlling. (Ord. 2992 § 1 (Att. A), 2016)

19.16.100 Final disposition of annual docket.

A. The city council must take action (approve, deny, or defer) on the current year’s docket before establishing a subsequent docket.

B. The city council may defer action on any specific plan or plan amendment to a future docket if:

1. Additional time is needed to analyze the impacts of the proposal;

2. Retaining the proposal on the docket would unfairly delay action on other proposals that are otherwise ready for a decision;

3. Approval of the proposal depends on the implementation of other rules, standards or policies that either do not exist or are not official by the time the city council is ready to make its decision on the annual docket; or

4. The city council determines that the proposed plan or plan amendment is more appropriately considered during a subsequent amendment process. (Ord. 2992 § 1 (Att. A), 2016)

19.16.110 Emergency or interim regulations.

The provisions of RCW 36.70A.390 for emergency or interim maps or regulations or moratoria, if applicable, supersede the requirements of this chapter. (Ord. 2992 § 1 (Att. A), 2016)