Rainier City Zoning Code
Division 1 DEVELOPMENT STANDARDS
GENERAL PROVISIONS
§ 18.04.010 Title.
This division shall be cited as the “City of Rainier Development Regulations—General Provisions,” hereinafter referred to as “this division” or “this code.”
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.04.020 Purpose, goal, and intent.
A.
The purpose of this division is to outline general provisions for development regulations regarding application filing, department review, public notice, time periods, code interpretations, and enforcement and penalties. It is also provided to implement the City of Rainier Comprehensive Plan as adopted and subsequently amended.
B.
The goal is to protect and promote the health, safety, and general welfare of Rainier’s citizens by guiding planning and land use decisions. This division promotes development, reduced street congestion, and enhanced fire and public safety. It also encourages adequate public infrastructure, such as transportation, domestic water, sanitary sewer (when available), sanitary septic, schools, parks, and storm drainage. Additional goals of this code are to:
1.
Promote quality building and development that is compatible with the surrounding environment and land uses to enhance the community.
2.
Support a variety of affordable housing opportunities for Rainier’s population and enhance a safe and livable community.
3.
Pursue a strong and diverse economy that protects the neighborhood character.
4.
Protect the natural environment and preserve environmentally sensitive areas.
5.
Improve human services as the community changes.
6.
Balance transportation needs of the community with regional objectives by improving both street and multimodal transportation systems.
7.
Provide adequate public facilities and services to support land development.
8.
Maintain effective administration and enforcement of the regulations contained herein.
C.
The intent of this regulation is to enact standards for the benefit of the public at large and not for the benefit of any one person or groups of persons. The city does not intend to create a duty to enforce this code except to the public at large.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.04.030 How to use this code.
A.
The Development Standards—General Provisions is Division 1 of Title 18 of the Rainier Municipal Code. This division contains chapters that are enumerated and represented in a consistent format. For example, Chapter 10, Introduction, is represented as Chapter 18.04.
B.
Each chapter contains sections and subsections. Sections are enumerated and represented in the following format: Section 18.04.020, Purpose, goal, and intent. Subsections are enumerated in the following format:
A.
1.
a.
i.
B.
C.
Each chapter begins with a listing of its sections and a statement of that chapter’s purpose and applicability. General definitions and abbreviations are contained in Chapter 18.08, Definitions. In some instances, specialized definitions may be found within the chapter where those definitions are used. Cross-references to other chapters and sections of this title and to other titles within the Rainier Municipal Code can be found throughout this title.
D.
Supplemental development regulations to these general provisions include:
1.
Division 2, Comprehensive Plan and Annexations;
2.
Division 3, Development Standards—Zoning;
3.
Division 4, State Environmental Policy Act (SEPA);
4.
Division 5, Development Regulations—Critical Areas and Natural Resource Lands; and
5.
Division 6, Subdivisions and Platting.
E.
The city foresees a need to develop additional future supplemental development regulations that may arise to assist in the orderly development of lands within the city of Rainier. Therefore, additional development regulation titles will hence be sequentially identified beginning with Division 7 and is reserved for the next development regulation title adopted by the city.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.08.010 Purpose.
The purpose of this section is to define words that are used throughout these development regulations. Definitions may also be found within the other development regulation divisions.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.08.020 Words not defined.
Refer to Section 18.20.020(F), Administrative interpretations.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.08.030 Additional definitions.
The definitions contained in this division are generally those listed in Sections 18.08.040 through 18.08.290. Definitions specific to individual divisions appear and are listed in those development regulations.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.08.040 A definitions.
“Abandon or abandonment of wireless telecommunications facilities”
means:
1.
Ceasing operation for sixty (60) or more consecutive calendar days;
2.
Reducing the effective radiated power of an antenna by seventy-five percent (75%) for sixty (60) or more consecutive calendar days unless new technology or additional cells in the same location allow reduction by more than seventy-five percent (75%), provided the operator still serves the same customer base;
3.
Relocating an antenna to less than eighty percent (80%) of the height of an antenna support structure; or
4.
Reducing the number of transmissions from an antenna by seventy-five percent (75%) for sixty (60) or more consecutive calendar days, unless non-operation or reduced operation is due to maintenance, redesign, or other changes about which the city was notified in advance.
“Access”
means the way pedestrians and vehicles enter and leave property.
Accessory Dwelling Unit.
See Section 18.44.110(B).
“Accessory structure”
means a separate structure secondary and subordinate to another structure on the same property.
Accessory Use.
See Section 18.44.110.
“Action(s)”
means new and continuing activities entirely or partly financed, assisted, conducted, regulated, licensed, or approved by agencies; new or revised agency rules, regulations, plans, policies, or procedures; and legislative proposals. Actions fall within two categories:
1.
Project Actions. Decisions on specific projects, such as construction or management activities in a defined geographic area, including:
a.
Licensing, funding, or undertaking activities modifying the environment, whether conducted by an agency, an applicant, or under contract;
b.
Purchasing, selling, leasing, transferring, or exchanging natural resources, including publicly owned land.
2.
Nonproject Actions. Decisions on policies, plans, or programs, including:
a.
Adopting or amending legislation, ordinances, rules, or regulations with standards controlling use or modification of the environment;
b.
Adopting or amending comprehensive land use plans or zoning ordinances;
c.
Adopting any policy, plan, or program governing the development of a series of connected actions, excluding those requiring federal approval prior to implementation;
d.
Creating districts or annexing to cities, towns, or districts;
e.
Capital budgets;
f.
Road, street, and highway plans.
Actions do not include activities listed above when an agency is not involved, nor judicial or administrative civil or criminal enforcement actions. |
“Activity”
means any use conducted on a site.
“Adequate public facilities”
means facilities with the capacity to serve development without decreasing service levels below locally established minimums.
“Affordable housing”
means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent (30%) of the monthly income of a household whose income is:
1.
For rental housing, sixty percent (60%) of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development; or
2.
For owner-occupied housing, eighty percent (80%) of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development. (RCW 36.70A.030(5))
“Agency”
means any state or local governmental body, board, commission, department, or officer authorized to make law, hear contested cases, or take the actions stated in WAC 197-11-704, except the judiciary and State Legislature, including state agencies (WAC 197-11-796) and local agencies (WAC 197-11-762).
Agricultural Resource Lands.
See Section 18.48.114(D).
“Alley”
means a public or private way not more than thirty (30) feet wide providing access to abutting property, not intended for general traffic circulation, and not considered streets for calculating setbacks.
“Alterations”
means any repair, reconstruction, or improvement of a structure costing less than fifty percent (50%) of its market value over two years.
“Amendment”
means any change in wording, context, or substance of this code or the comprehensive plan; changes to the zoning map or comprehensive plan map; changes to official controls of the city code; or any changes to conditions of approval or modification of permits or plans reviewed or approved by the planning commission, city council, or designee.
Amusement.
See Section 18.44.080(B).
Amusement and Recreation (Use).
See Section 18.44.080.
“Anchor”
means a device securing or fastening tie-downs with a holding power of at least four thousand eight hundred (4,800) pounds, including screw auger and expanding or concrete “dead men” type anchors, accommodating “over-the-top” and “frame” type tie-downs.
“Antenna”
means any system of electromagnetically tuned wires, poles, rods, reflecting discs, or similar devices transmitting or receiving electromagnetic waves between terrestrial and/or orbital base points.
“Antenna, ancillary”
means an antenna less than twelve (12) inches in its largest dimension, not directly used for wireless communications services (e.g., GPS antennas).
“Antenna, panel”
means a directional antenna transmitting and receiving radio frequency signals in up to a one hundred twenty (120) degree pattern, typically thin and rectangular.
“Antenna, parabolic or dish antenna”
means a bowl-shaped antenna transmitting and/or receiving in a narrow direction.
“Antenna, tubular”
means a hollow tube typically twelve (12) inches in diameter containing either omnidirectional or directional antennas, often placed on light standards and power poles to mitigate visual impacts.
“Antenna, whip”
means an omnidirectional antenna transmitting and receiving radio frequency signals in a three hundred sixty (360) degree radial pattern, typically four inches or less in diameter.
“Antenna height” or “height”
means the vertical distance measured from the finished grade of the parcel at the base of the tower pad or antenna support structure to the highest point of the structure, even if the highest point is an antenna. If on a sloped grade, the average between the highest and lowest grades is used.
“Antenna support structure”
means any pole, telescoping mast, tower, tripod, or structure supporting a device transmitting or receiving radio frequency signals.
Apartment.
See Section 18.44.040(D).
“Appeal”
means a proceeding by which an aggrieved party requests a higher authority review a disputed matter.
“Applicant”
means any person or entity, including an agency, making an application to the city of Rainier or another agency for any required permit or license.
“Approval”
means permission to proceed with a land use action for development.
“Aquifer”
means a geological formation, group of formations, or part of a formation capable of yielding a significant amount of water to a well or spring.
“Arcade”
means a linear pedestrian walkway abutting and running along a building facade, covered but open at all times to public use, typically with a line of columns along its open side and habitable space above.
“Art” or “artwork”
means a device, element, or feature primarily intended to express, enhance, or illustrate an aesthetic quality, feeling, physical entity, idea, local condition, historical or mythical event, or cultural or social value. Examples include sculpture, bas-relief sculpture, murals, unique lighting, furniture, pavement, landscaping, or architectural treatment primarily for aesthetic purposes. Signs may be considered artwork if they exhibit high craftsmanship, special material or construction, and decorative elements beyond conveying business or product information. Names or logos are not considered art.
Assembly.
See Section 18.44.060(B).
Attached Single-Family Unit.
See Section 18.44.040(C).
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 575 § 1, 2009; Ord. 659 § 1, 2017; Ord. 665 § 1, 2017; Ord. 732 § 3, 2025)
§ 18.08.050 B definitions.
“Base flood elevation”
means that elevation, expressed in feet above mean sea level, determined by the Federal Insurance Administration, U.S. Department of Housing and Urban Development, to which floodwater, on an average, can be expected to rise on a frequency of once in every one hundred (100) years.
Battery Charging Station.
See Section 18.44.110(H).
Battery Exchange Station.
See Section 18.44.070(J).
Bed and Breakfast.
See Section 18.44.110(C).
“Berm”
means a landscaped elevation formed of earth, sand, or stone.
Best Available Science.
See Section 18.110.020.
“Block”
means all land along one side of a street that is between two intersections or intercepting streets, or interrupting streets and a railroad right-ofway, or unsubdivided land or watercourse.
Boundary Line Adjustment.
See Section 18.144.040, Definitions, Boundary line adjustment.
“Buffer”
means an area of land or a structure used or created for the purpose of insulating or separating a structure or land use from other lands, uses or structures, in such a manner as to reduce or mitigate any adverse impacts of one or the other.
“Buffer, critical area”
means the naturally existing area contiguous with a critical area that is required for the integrity, maintenance, function, enhancement, or structural stability of the critical area.
“Buildable area”
means the portion of a lot or site, exclusive of required yard areas, setbacks, landscaping or open space within which a structure may be built.
“Building”
means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind.
“Building code”
means the code promulgated by the International Conference of Building Officials, as adopted by the city council, and as amended hereafter.
“Building coverage”
means the measurement of the gross footprint of all the structures, to include accessory and exempt structures, on a lot. The gross footprint includes all structural elements and projections of a building and includes, but is not limited to, eaves, projections, decks, balconies, elevated patios, breezeways, or canopies.
“Building, detached”
means a building detached from one or more buildings by common roofs, walls, or floors.
“Building facade” or “facade”
means the visible wall surface, excluding the roof, of a building when viewed from a public right-of-way or adjacent property. If more than one wall is predominantly visible, the walls may be considered one facade for the purposes of signage. A building facade is measured in gross square feet (gsf) and does not include roof area.
“Building height”
means the vertical distance from the average natural, undisturbed grade of a site to the highest point of the structure.
Building Site.
See “Buildable area.”
“Bulkhead”
means a vertical wall of steel, timber or concrete used for erosion protection or as a retaining wall.
“Business”
means the purchase, sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures, and premises by professions and trades rendering services.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 599 § 1, 2011; Ord. 648 § 2, 2016; Ord. 659 § 2, 2017; Ord. 665 § 2, 2017)
§ 18.08.060 C definitions.
“Camouflage”
means to disguise, hide, or integrate with an existing or proposed structure or with the natural environment to be significantly screened from view.
Campground.
Refer to Section 18.44.050(C).
“Carport”
means a covered automobile structure open on one or more sides, providing direct driveway access for parking stalls. A carport may be integrated with, attached to, or detached from the primary structure.
“Cell site” or “site”
means a tract or parcel of land containing wireless telecommunications facilities, including any antenna, support structure, accessory buildings, and parking, as well as other uses associated with and ancillary to wireless telecommunications facilities.
“Change of use”
is determined when the general character of the use has been modified. This determination includes reviewing:
1.
Hours of operation;
2.
Materials processed or sold;
3.
Required parking;
4.
Traffic generation;
5.
Impact on public utilities;
6.
Clientele;
7.
General appearance and location;
8.
Change in use type.
“Child day care center” and “child care center”
mean an agency that regularly provides early childhood education and early learning services for a group of children for periods of less than 24 hours. See Section 18.44.060.
Christmas Tree Sales.
Refer to Section 18.44.120(C).
“Circle diameter”
means the minimum size of a circle required to fit within a lot.
“Circulation”
means the movement or flow of traffic from one place to another through available routes, including pedestrian, motor vehicle, and non-motorized methods such as bicycles.
“City”
means the city of Rainier and/or city staff members.
“City designee” or “designee”
means the community development department director, senior planner, or other appointed by the mayor.
“Clear-vision areas”
means a triangular area at intersections or public drives where visual obstructions are kept clear. See standards adopted by Thurston County, Chapter 12.04.
“Clearing”
means the removal of timber, brush, grass, groundcover, or other vegetative matter from a site, exposing the earth’s surface on the site.
“Clinic”
means a place where medical or dental care is provided to persons on an outpatient basis by professionals in the health care field.
“Closed record appeals”
means administrative appeals under RCW 36.70B.110, heard by the city council following an open record hearing on a project permit application, where the appeal is on the record with no or limited new evidence or information allowed, and only appeal arguments permitted.
“Co-living housing”
means a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building, including, but not limited to, congregate living facilities, single room occupancy, rooming house, boarding house, lodging house, and residential suites.
“Collocation of wireless telecommunications facilities”
means the use of a wireless telecommunication facility by more than one service provider.
“Commercial truck”
means any motorized vehicle licensed by the state used in business operations for storing, transferring, or delivering commodities, or in construction, road grading, or logging activities. This includes cars, trucks, truck trailers, tractors, grading machines, bulldozers, scrapers, boats, motorized cranes, etc.
Commercial Use.
Refer to Section 18.44.070.
“Community development director”
means the director of the community development department of the city of Rainier or designee of that department.
“Comprehensive plan”
means the document, including maps, adopted by the city council outlining the city’s goals and policies relating to growth management, prepared in accordance with Chapter 36.70A RCW. This term also includes any adopted subarea plans prepared in accordance with Chapter 36.70A RCW.
“Concurrency”
means ensuring adequate public improvements or strategies are in place at the time of development, with the ability and financial commitment of the service provider to expand capacity or maintain the level of service for new development through capital improvements within a six-year period as noted in the transportation capital improvement plan.
“Condominium”
means an estate in real property consisting of an undivided interest in common in a portion of a lot of record together with a separate interest in space in a building on such real property.
“Contiguous”
means bordering upon, touching upon, or in physical contact with.
Conventional Lodging.
Refer to Section 18.44.050(B).
Correctional Group Home.
Refer to Section 18.44.040(F).
Craft Food Production.
Refer to Section 18.44.090(B).
Critical Aquifer Recharge Area.
Refer to Section 18.110.070(A).
“Critical facility”
means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Examples of critical facilities include schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste.
“Curb cut”
means a depression in the curb for a driveway to provide vehicular access between private property and the street.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 575 § 2, 2009; Ord. 659 § 3, 2017; Ord. 665 § 3, 2017; Ord. 735 § 1, 2025)
§ 18.08.070 D definitions.
“Dangerous waste”
means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial, present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
1.
Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or
2.
Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. Includes wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes.
Day Care Center.
See Section 18.44.060(C).
Day Care, Home.
See Section 18.44.110(G).
“Decibel”
means a unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.
“Deciduous tree”
means a tree that loses its foliage annually.
“Decision”
means a determination arrived at after consideration.
“Deck”
means a roofless, outdoor, aboveground platform projecting from the wall of a building and supported by piers or columns.
“Dedication”
means the transfer of property by the owner to another party.
“Density”
means the permissible number of dwelling units that may be developed on a specific amount of land area measured in number of dwelling units per acre.
“Department”
means the city of Rainier community development department.
“Design details” or “architectural or building design details”
refers to the minor building elements that contribute to the character or architectural style of the structure. Design details may include moldings, mullions, rooftop features, the style of the windows and doors, and other decorative features.
“Design, wireless telecommunications facilities”
means the appearance of wireless telecommunications facilities, including such features as their materials, colors, and shape.
Detached Single-Family Unit.
See Section 18.44.040(B).
Developed Recreation.
See Section 18.44.080(D).
“Development”
means any constructed changes to improved or unimproved land, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations or the subdivision of property.
“Development activity”
means any action taken either in conjunction with a use, or to make a use possible. Activities do not in and of themselves result in a specific use. Most activities may take place in conjunction with a variety of uses.
“Development permit”
means any document granting, or granting with conditions, an application for a site plan, building permit, discretionary decision, or other official action of the city having the effect of authorizing the development of land, which includes all Process I through Process V applications.
“Development plan”
means a plan drawn to scale, indicating, but not limited to, the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations of buildings already existing on the lot, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress, and signs.
“Development regulations”
means the controls placed on development or land use activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the city.
“Discontinuance”
means the abandonment of a use, or nonuse of a building, structure, sign or lot.
“Discretionary permit”
means a decision which requires special analysis or review due to the nature of the application or because special consideration was requested by the applicant.
Disposal.
See Section 18.44.090(E).
“District”
means an area designated by this division, with specific boundaries, in which lie specific zones, or special purpose areas as described in this division.
“Domesticated animal”
means those domestic beasts such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep or hog, or other animal made to be domestic.
“Double-frontage lot”
means a lot other than a corner lot with frontage on more than one street.
“Dripline”
means a circle drawn at the soil line directly under the outermost branches of a tree.
Drive-Up Facility.
See Section 18.44.110(F).
“Driveway”
means a paved or graveled surface a minimum of fifteen (15) feet in width that provides access to a lot from a public or private right-of-way.
“Durable surface”
means concrete, brick, asphalt or similar material.
“Dwelling unit”
means a unit used residentially and is also known as a residential unit. See Section 18.44.040 for a definition of residential use.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 610 § 1, 2012; Ord. 665 § 4, 2017)
§ 18.08.080 E definitions.
“Easement”
refers to a nonpossessory interest in the land of another that entitles the owner of the interest to a limited use or enjoyment of the other’s land for specific purposes, including but not limited to public or private streets, railroads, utilities, transmission lines, walkways, sidewalks, bikeways, equestrian trails, and other similar uses. An easement may be exclusive or shared among multiple users.
“Electric vehicle”
denotes any vehicle that operates, either partially or entirely, on electrical energy sourced from the grid or an off-board source stored onboard for motive purposes.
“Electromagnetic field (EMF)”
signifies the field generated by the operation of equipment used in transmitting and receiving radio frequency signals.
“Emergency housing”
means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. (RCW 36.70A.030(14))
Emergency Services.
Refer to Section 18.44.060(E).
“Emergency shelter”
means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. (RCW 36.70A.030(15))
“Erect”
describes the act of placing or affixing a structural component onto the ground or atop another such component.
“Erosion”
indicates the detachment and movement of soil, sediment, or rock fragments caused by water, wind, ice, and/or gravity.
Erosion Hazard Area.
Refer to Section 18.110.090.
“Essential public facilities”
embodies those state or regional facilities and services of statewide significance that are generally challenging to site, including but not limited to airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and inpatient facilities such as substance abuse facilities, mental health facilities, group homes, and secure community transition facilities.
“Evergreen tree”
designates a tree, often coniferous, that retains its foliage and remains green throughout the year.
“Excavation”
defines any activity by which organic matter, earth, sand, gravel, rock, or similar materials are cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, including the conditions resulting from such activities.
“Extremely hazardous waste”
characterizes any waste that remains hazardous for several years or more at a disposal site and, in its persistent form, presents a significant environmental hazard. It can be concentrated by living organisms through the food chain or affect the genetic constitution of humans or other living creatures. Such wastes are disposed of at a disposal site in quantities presenting an extreme hazard to humans or the environment and are designated under WAC 173-303-070 through 173-303-103 as extremely hazardous wastes.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 599 § 2, 2011; Ord. 659 § 4, 2017; Ord. 665 § 5, 2017; Ord. 732 § 4, 2025)
§ 18.08.090 F definitions.
“Facade”
means the exterior wall and related roof elements of a building.
“Family”
means one or more individuals related by blood, marriage, adoption, or guardianship, or not more than six individuals not so related, occupying a dwelling unit and living as a single housekeeping unit.
Farm Stand.
See Section 18.44.120(D).
“Fence”
means a wall or barrier for the purpose of enclosing space or separating parcels of land.
“Fence, sight-obscuring”
means a fence constructed of solid wood, masonry, metal or other appropriate material that totally conceals the subject use from adjoining uses.
“Fill” or “filling”
means the placement by man of sand, sediment or other material to raise the elevation of the land.
“Final development plan”
means a plan or set of plans that complies with the conditions set forth in a preliminary approval and, once approved, authorizes the granting of a discretionary permit.
Fish and Wildlife Habitat Conservation Area.
See Section 18.110.100.
“Flag”
means any piece of cloth of individual size, color and design, used as a symbol, signal or emblem, or for decoration.
“Flagpole”
means a staff or pole that is designed to display a flag. A flagpole may be freestanding or attached to a building or to a private light standard.
“Flood” or “flooding”
means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
“Floor area”
means the sum of the gross horizontal areas of several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including attic space providing headroom of less than seven feet or basement, if more than fifty percent (50%) of the basement is less than grade.
Floor Area Ratio (FAR).
The floor area ratio of the building or buildings on any lot means the gross floor area of the building or buildings on that lot, divided by the gross area of such lot.
“Footcandle”
is a unit used for measuring the amount of illumination on a surface. The amount of usable light from any given source is partially determined by the angle of incidence of the source and the distance to the illuminated surface.
“Footprint”
means the perimeter of the foundation of a structure as it is measured at grade.
Forest Resource Lands.
See Section 18.48.114(F).
Forestry.
See Section 18.44.030(B).
“Frontage”
refers to length of a property line along a public street or right-of-way.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 659 § 5, 2017; Ord. 665 § 6, 2017)
§ 18.08.100 G definitions.
“Garage”
means a building or floor area within a building intended to be used for the parking or storage of motor vehicles.
Geologically Hazardous Area.
See Section 18.110.090.
“Governing authority”
means the city council of the city of Rainier.
“Grade, average”
means the average elevation of the undisturbed ground prior to construction at all exterior corners of the proposed structure.
“Grade, finished”
means the finished surface of the ground, street, paving or sidewalk.
“Grade, preconstruction”
means prior to any grade, fill or disturbance of soil or vegetation.
“Greenhouse”
means a glass or plastic structure specially designed for the growing of plants that provides a controlled growing environment that allows plants to grow when they would not otherwise do so.
“Gross area”
means the total sum area of the lot.
“Gross density”
means a calculation of the number of housing units that is allowed on a property based on the maximum density permitted.
“Gross square feet (gsf)”
means the sum of the total square footage of any building, lot, property or area.
“Groundcover”
means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover.
Group Home.
See Section 18.44.040(E).
“Guyed tower”
means a wireless communication support structure that is typically over one hundred (100) feet tall and is steadied by guy wires in a radial pattern around the tower.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 659 § 6, 2017; Ord. 665 § 7, 2017)
§ 18.08.110 H definitions.
“Habitat”
means the place or type of site where an organism lives; the place occupied by an entire community, such as a freshwater tidal marsh community.
“Hazardous substance”
means any liquid, solid, gas, or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in Chapter 70.105 RCW, or WAC 173-303-090 or 173-303-100.
“Hazardous waste”
means any dangerous or extremely hazardous waste as designated pursuant to Chapter 70.105 RCW or Chapter 173-303 WAC, including substances composed of radioactive and hazardous components but not including moderate-risk wastes.
Heavy Industry.
See Section 18.44.090(D).
Heavy Retail/Service.
See Section 18.44.070(G).
“Height”
means the vertical distance measured from the average grade to the highest point on the building or structure.
Home Business.
See Section 18.44.110(E)
Home Day Care.
See Section 18.44.110(G).
Home Occupation.
See Section 18.44.110(D).
“Household pet”
means animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries and similar pets.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 659 § 7, 2017; Ord. 665 § 8, 2017)
§ 18.08.120 I definitions.
“Impervious surface”
means a hard surface area that either prevents/retards the entry of water into the soil mantle or causes water to run off the surface in greater quantities/at an increased rate of flow than occurred under natural conditions prior to development.
Example: Impervious surfaces include, but are not limited to: rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, gravel parking lots, packed earthen materials, and oiled macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities are not considered impervious surfaces. |
Incidental Use.
See Section 18.44.020(B)(2).
“Incompatible uses”
means, for the purpose of community design, those uses, including, but not limited to, outdoor storage, utilities equipment and apparatus, and loading and service facilities, which are considered to be visually intrusive, unsightly and which require site design and screening to mitigate the negative impacts to retail, service and office commercial uses and residential development.
Industrial Use.
See Section 18.44.090.
“Infill”
means new development on vacant lots in established neighborhoods, to facilitate in keeping urban densities.
Institutional Use.
See Section 18.44.060.
“Interior landscaping area”
means any area of a lot that is not within a required perimeter landscaping or landscape buffer area. In the case of single-family residences in residential zones, the entire lot shall be considered the interior landscaping area. Interior landscaping areas are required within large parking lot areas to provide aesthetic visual relief and provide for some shading of parking spaces.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 659 § 8, 2017; Ord. 665 § 9, 2017)
§ 18.08.130 J definitions.
“Judicial appeals”
means appeals filed by a party of record in Thurston County superior court.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.08.140 K definitions.
“Kennel”
means an enclosure or structure in which any combination of six or more dogs that individually exceed seven months of age are kept for breeding, sale, training, boarding, or sporting purposes.
“Kitchen”
means any room or rooms, or portion of a room or rooms, used or intended or designed to be used for cooking or the preparation of food.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.08.150 L definitions.
“Landscaping”
means vegetative cover including shrubs, trees, flowers, groundcover and other similar plant material. Required landscaping must conform to the planting standards contained in Rainier city ordinances. An area may be determined to be landscaped if it is planted with vegetation in the form of hardy trees, shrubs, or grass or evergreen ground-cover maintained in good condition.
Landslide Hazard Area.
See Section 18.110.090.
“Lattice tower”
means a support structure which consists of a network of crossed metal braces forming a tower which is usually triangular or square in cross section.
“Level of service (LOS) standards”
means indicators of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. LOS indicates the capacity per unit of demand for each public facility. LOS standards reflect existing or desired public facility conditions.
Light Industry.
See Section 18.44.090(C).
“Livestock”
means all cattle, sheep, goats, or animals of the bovine family; all horses, mules, or animals of the equine family; all pigs, swine, or animals of the guinea family; and ostriches, rheas, and emus.
“Loading area or space”
means the portion of a site developed for loading or unloading motor vehicles or trailers, including loading berths, aisles, access drives, and related landscaped areas.
“Local road or street”
means a road or street which is used or intended to be used primarily for providing access to abutting properties and to discourage through traffic.
Lodging Use.
See Section 18.44.050(B).
Lot.
See Section 18.144.040, Definitions.
“Lot area”
means the total area, in gross square feet (gsf), within the lot lines of a lot, excluding any public right-of-way. For the purposes of flood regulations, any portion of a lot lying below the ordinary high water mark or lawfully constructed bulkhead shall not be included in a lot area calculation.
“Lot, buildable”
means a lot of record which is proposed for use in compliance with this division, and has received approval of the water supply, stormwater retention/detention system and sewage disposal method as appropriate to such use.
“Lot, corner”
means a lot of which at least two adjacent sides abut streets other than alleys.
“Lot coverage”
means the area of a lot covered by a building or buildings, expressed as a percentage of the total lot area.
“Lot, cul-de-sac”
means a lot that has a front lot line contiguous with the outer radius of the turnaround portion of a cul-de-sac.
“Lot depth”
means the perpendicular distance measured from the midpoint of the front lot line to the midpoint of the opposite lot line.
Lot Determination.
See Section 18.144.040, Definitions.
Lot, Flag.
A flag lot is surrounded by abutting lots with an extended access way to a street right-of-way.
“Lot, interior”
means a lot other than a corner lot.
“Lot line”
means the property line bounding a lot.
“Lot line, front”
means, normally, the property line separating the lot from the street, other than an alley, from which access is provided to the lot. For the purpose of establishing setback requirements, orientation of the dwelling unit shall be independent of access to the parcel. In the case of a corner lot, the front lot line shall be the property line with the narrow dimension adjacent to the street.
“Lot line, rear”
means the lot line which is opposite and most distant from the front lot line and which is in the same plane and runs parallel to the front lot.
“Lot line, side”
means any property line that is neither a front nor a rear lot line.
Lot of Record.
See Section 18.144.040, Definitions.
“Lot, through”
means an interior lot having frontage on two streets, and which is not a corner lot.
“Lot width”
means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot lines, except that portion of a flag lot that usually forms an extended access way to a street right-of-way.
“Low income”
means households whose incomes do not exceed eighty percent (80%) of the median income for the city of Rainier as determined by Department of Housing and Urban Development.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 659 § 9, 2017; Ord. 665 § 10, 2017)
§ 18.08.160 M definitions.
“Maintenance”
means routine upkeep (the cleaning, painting, repair, or replacement of defective parts) of existing structures, facilities, or signs which are in current use or operation.
“Major exterior remodel”
means a proposed improvement to any existing building, structure or property that changes the exterior appearance of the property and meets either of the criteria below:
1.
Estimated value of construction exceeds fifty percent (50%) of the value of the existing built facilities as determined by the city of Rainier’s building valuation procedure.
2.
Construction includes an addition to or extension of an existing building.
“Manufactured home”
means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to required utilities. For floodplain management purposes only, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for more than one hundred eighty (180) consecutive days.
“Map”
means a representation, usually on a flat surface, of the whole or part of an area.
“Maximum density”
means the maximum number of dwelling units allowed per buildable acre.
“Maximum lot size”
means the largest lot area size, expressed in gross square feet (gsf), permitted for short plat subdivisions, lot line adjustments, and subdivisions utilizing standard development regulations. The maximum lot size does not apply to open space parcels or residential parcels that are more than thirty-five percent (35%) encumbered by dedicated natural or critical areas or associated buffers.
“Mean high water (MHW)”
means the average height of all high waters over a nineteen (19) year period.
“Microcell”
means a wireless communication facility consisting of an antenna that is either:
1.
Four feet in height and with an area of not more than five hundred eighty (580) square inches; or
2.
If a tubular antenna, no more than twelve (12) inches in diameter and no more than six feet in length.
Mineral Resource Lands.
See Section 18.48.114(E).
“Minor exterior remodel”
means any improvement that changes the visual appearance or exterior configuration of a building, structure or property, and which has a value of less than fifty percent (50%) of the existing built facilities as determined by the city of Rainier’s building valuation procedure. Painting and restorative maintenance are not considered minor remodels.
“Minor facility”
means a wireless communication facility consisting of up to three antennas, each of which is either:
1.
Four feet in length with a maximum area of five hundred eighty (580) square inches; or
2.
For tubular antennas, a maximum diameter of twelve (12) inches and maximum length of six feet. Associated equipment cabinets must be no more than six feet in height and no more than forty-eight (48) square feet in area; or
3.
For whip antennas, a maximum diameter of four inches and a maximum length of fifteen (15) feet.
“Mitigate”
means to alleviate the negative impacts of a particular action.
“Mitigation”
means any action that, to some degree, softens the impact of development on critical or sensitive areas. This may include all or any one of the following actions:
1.
Avoiding the impact altogether by not taking a certain action or parts of an action.
2.
Minimizing impacts by limiting the degree or magnitude of an action and its implementation.
3.
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4.
Reducing or eliminating the impact over time by preservation and maintenance operations.
5.
Compensating for the impact by creation, restoration, or enhancement of critical or sensitive areas to maintain their functional processes, such as natural biological productivity, habitat, and species diversity, unique features and water quality. Any mitigation action or combination of actions may involve monitoring and remedial follow-up measures.
Mobile Food Vendor.
See Section 18.44.070(F).
“Mobile home”
means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, that was constructed prior to June 15, 1976, and/or does not conform to the (HUD) Manufactured Housing Construction and Safety Standards Act. Mobile homes do not include recreational vehicles. The appropriate HUD or Department of Labor and Industries label is displayed.
“Mobile home park”
means an area of land in single or corporate ownership on which space is made available for the location of mobile homes on a month-to-month basis. Such mobile homes would, generally, be owned by the occupants who pay a fee for the use of the ground space.
“Modulation”
means a stepping back or projecting forward of portions of a building facade within specified intervals of building width and depth as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.
“Monopole tower”
means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation.
“Mount of wireless telecommunications facility”
means the structure or surface upon which wireless telecommunications facilities are mounted. There are three types of mounts:
1.
Building Mounted. A wireless telecommunications facility mount fixed to the roof or side of a building.
2.
Ground Mounted. A wireless telecommunications facility mount fixed to the ground, such as a tower.
3.
Structure Mounted. A wireless telecommunications facility mount fixed to a structure other than a building, such as light standards, utility poles, water towers, and bridges.
“Multiple-building complex”
means two or more structures on the same lot where those structures are physically separate and do not share a common wall.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 610 § 2, 2012; Ord. 659 § 10, 2017; Ord. 665 § 11, 2017)
§ 18.08.170 N definitions.
“Native vegetation”
means a mix of plant species comprising herbs, grasses, grass-like plants, shrubs and trees indigenous to the Puget Sound region that reasonably could be expected to occur naturally on a site.
“Natural areas”
means all or portions of a parcel of land undisturbed by development and maintained in a manner that preserves the indigenous plant materials.
“Neighborhood park or playground”
means an area for recreational activities, such as, but not limited to, field games, court games, crafts, playground apparatus area, skating, walking, viewing, picnicking, wading pools and swimming pools.
“Net acreage”
means the buildable area after the area of street rights-of-way has been subtracted.
“Net developable acreage”
means the gross site acreage minus any environmentally constrained lands and roads.
“Nonconforming lot”
means a lot which does not conform to the design or density requirements of the zoning district in which it is located. A nonconforming lot is a lot that was legal when it was created, but no longer meets the current area, width, or depth dimensional requirements for the zoning district in which the property is located. Nonconforming lots may be occupied by any permitted use in the district; provided, that all other development regulations in effect at the time of development are met.
“Nonconforming structure”
is one which was lawfully erected in conformance with the regulations in effect at the time of its construction, but which no longer conforms to current development standards including, but not limited to, design, height, setback or coverage requirements of the zoning district in which it is located.
“Nonconforming use”
means the use of land, a building or a structure lawfully existing prior to the effective date of the ordinance codified in this division or subsequent amendments thereto, which does not conform with the regulations of the district in which it is located.
“Nonconformity”
means any land use, structure, lot or sign legally established prior to the effective date of the ordinance codified in this division or subsequent amendment, which is no longer permitted by or in full compliance with the regulations of this division.
Nursery.
See Section 18.44.070(I).
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 610 § 3, 2012; Ord. 659 § 11, 2017; Ord. 665 § 12, 2017)
§ 18.08.180 O definitions.
“Occupancy”
means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
“Odor control structure”
means equipment or structures appurtenant to wastewater conveyance facilities used to lessen the odors of the liquids being transported.
Office.
See Section 18.44.070(B).
“Official controls”
means legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of the city, and are the means of translating into regulations and ordinances all or any part of the general objectives of the comprehensive plan.
“Official map”
means maps that show the designation, location and boundaries of the various districts, land, or manmade features which have been adopted and made a part of the city of Rainier Municipal Code, or other plan or policy documents.
“Open record hearing”
means a hearing held by a decision-making body that is 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 Space, Required.
Required open space is undeveloped area that is required in order to receive approval of a development or use.
Open Space Use.
See Section 18.44.030.
“Ordinary high water mark”
means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of the ordinance codified in this title, or as it may naturally change thereafter; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark shall be the line of mean high water.
“Ornamental tree”
means a tree that is either a coniferous or deciduous tree that is accessory, decorative, enhances and/or accents the general landscaping of the site. Ornamental trees are generally between eight and twenty (20) feet tall at maturity.
Outdoor Recreation.
See Section 18.44.080(C).
“Overlay district/zone”
means a defined geographic area where sets of development regulations are established to achieve a specific public purpose. These regulations are in addition to those of the underlying zoning district and are shown on the zoning map. Also can be a supplementary district that places special restrictions or preempts the use of land beyond those required in the underlying zones.
“Owner”
means the owner of record of real property as shown on the tax rolls of the Thurston County assessor, or a person who is purchasing a piece of property under contract.
“Owner occupant”
means a property owner, as reflected in title records, that makes his or her legal residence at the site, and actually resides at the site more than six months out of any given year.
“Ownership”
means the existence of legal equitable title to land.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 665 § 13, 2017)
§ 18.08.190 P definitions.
“Parapet”
means that portion of a building wall that extends above the roof of the building.
“Parcel”
means a lot or plot of land proposed or created in accordance with this code, Division 6 of this title, or prior subdivision ordinance and state law and intended as a unit for the purpose, whether immediate or future, of transfer of ownership. The external boundaries existing as of the date of incorporation of the city of Rainier shall be used to establish what a parcel is for the purposes of this code. For parcels that have not been conveyed since that date, the legal description used in the conveyance closest to that date shall control.
“Park trailer” or “recreational park trailer”
is a trailer-type unit that is built on a single chassis mounted on wheels; has a gross trailer area of no more than four hundred (400) square feet in the setup mode; and is certified by the manufacturer as complying with ANSI A119.5.
“Parking lot”
means five or more adjacent parking spaces.
Parking Use.
See Section 18.44.100(B).
“Parties of record”
means persons with legal standing with respect to an application including the applicant, property owner as identified by the records available from the Thurston County assessor’s office, or any person who testified at the open record public hearing on the application and/or any person who submitted written comments during administrative review or has submitted written comments concerning the application at the open record public hearing, excluding persons who have only signed petitions or mechanically produced form letters.
“Passive recreation”
means an outdoor leisure time activity that usually occurs in a natural or designed urban setting. Passive recreation may occur in common open lawn areas and, where determined appropriate, critical area buffers and aquifer recharge and floodwater storage areas. Activities may include picnicking, sightseeing, walking, hiking, biking, horseback riding, and nature walks. Accessory structures associated with passive recreation include: playground equipment, picnic shelters and tables, barbecue pits, exercise stations, restroom facilities, benches, directory signs, garbage containers, and landscaped areas with walkways.
“Patio”
means a recreation area adjoining a dwelling which is often paved or a wood platform of thirty (30) inches or less above finished grade.
“Permanent supportive housing”
means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW. (RCW 36.70A.030(31))
“Person”
means any natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other person or combination acting as a unit, with legal rights and duties, whether acting by themselves or by a servant, agent, employee, or guardian.
“Planned unit development”
means any development, whether residential, commercial or industrial, which is approved and developed in accordance with the terms of this division.
Plat.
See Section 18.144.040, Definitions.
Plat, Preliminary.
See Section 18.144.040, Definitions.
Plat, Short.
See Section 18.144.040, Definitions.
“Plaza”
means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features include special paving, landscaping, lighting, seating areas, water features, and art.
“Preliminary approval”
means an approval, based upon an application and conceptual plan for a discretionary land use permit, granted by the city that sets forth certain conditions.
“Premises”
means a parcel of land with its appurtenances and buildings that, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Principal Use.
See Section 18.44.020(B)(1).
“Project action”
involves a decision on a specific project, such as a construction or management activity located in a defined geographic area. Projects include and are limited to agency decisions to:
1.
License, fund, or undertake any activity that will directly modify the environment, whether the activity will be conducted by the agency, an applicant, or under contract.
2.
Purchase, sell, lease, transfer, or exchange natural resources, including publicly owned land, whether or not the environment is directly modified.
“Project permit”
means any land use or environmental permit or license required from the city of Rainier, Thurston County, or a state or federal agency for a project action, including but not limited to building permits, site development permits, fill and grade permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, development plan review, and site-specific rezones authorized by the comprehensive plan; but excluding adoption or amendment of the comprehensive plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this definition.
Proponent.
See “Person.”
“Public facilities”
include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, storm waste facilities, parks and recreational facilities, governmental buildings, and schools.
“Public meeting”
means an informal or formal meeting, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision but is not an open record hearing.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 594 § 1 (part), 2011; Ord. 665 § 14, 2017; Ord. 732 § 5, 2025)
§ 18.08.200 Q definitions.
“Qualified architect or engineer”
means an architect or engineer registered in the state of Washington who, by reason of this training and experience, is considered qualified to pass judgment on design, materials, and methods of construction. The qualifications of the architect or engineer must be reviewed and found to be acceptable by the city.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 575 § 3, 2009)
§ 18.08.210 R definitions.
“Recorded”
means, unless otherwise stated, filed for record with the auditor of Thurston County, Washington.
“Recreation”
refers to the refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or passive, such as enjoying the natural beauty of the shoreline or its wildlife. Facilities regarded as low-intensity recreation may include picnic tables, trail signs, unpaved trails, and portable restrooms.
“Recreation, active”
refers to leisure activities usually performed with others, often requiring equipment and taking place at designated places, sites, or fields. The term “active recreation” includes, but is not limited to, swimming, tennis, other court games, baseball, other field sports, golf, and playground activities.
“Recreation facilities”
are public or private facilities for use by the general public, such as boat or yacht clubs, docks, swimming pools, athletic clubs, and golf and country clubs.
“Recreation, passive”
refers to low-intensity recreational uses or activities including, but not limited to, viewpoints, unpaved trails, limited picnic facilities, hiking, nature study, photography, and fishing.
“Recreational and utility vehicles”
encompasses licensed travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pickup, horse trailers, boats, boat trailers with or without boats, utility trailers, and mobile homes not qualified as permanent family home structures, and operable over highways without a special highway movement permit.
“Regulated activities”
refer to any activities undertaken directly in or originating from a regulated critical area or its buffer, including building permits (commercial or residential); binding site plans; franchise right-of-way construction permits; site development permits; right-of-way permits; shoreline permits; short subdivisions; use permits; subdivisions; utility permits; or any subsequently adopted permits or required approvals not expressly exempted by this division.
“Rehabilitation”
refers to infrequent, extensive repair of more than a routine nature to existing structures or facilities that are in current use or operation.
Residential Use.
See Section 18.44.040.
Restaurant/Bar.
See Section 18.44.070(E).
Retail.
See Section 18.44.070(C).
“Rezone”
means a change in zoning classification of an area from one use district to another.
“Right-of-way”
refers to land owned, dedicated, or conveyed to the public, used primarily for the movement of vehicle, wheelchair, bicycle, and pedestrian traffic. Right-of-way may also be intended for electric transmission lines, oil or gas pipelines, water lines, sanitary storm sewers, and similar uses. Additionally, right-of-way may include privately owned land, provided it has been developed and constructed in compliance with applicable laws and standards for a public right-of-way.
“Religious organization”
means the federally protected practice of a recognized religious assembly, school or institution that owns or controls real property. (RCW 36.01.290(6)(c))
“Riprap”
refers to a layer, facing, or protective mound of stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; it also includes the stone used for this purpose. Locally, the use of other hard materials, such as concrete rubble, is frequently included under riprap.
“Roofline”
refers to the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.
“Room”
refers to any space in a building enclosed or set apart by partitions that is habitable and applies to rooms used as bedrooms, dining rooms, living rooms, sitting rooms, parlors, kitchens, sewing rooms, libraries, dens, music rooms, dressing rooms, sleeping porches, sun rooms, sun porches, party rooms, recreation rooms, breakfast rooms, studies, and similar uses.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 610 § 4, 2012; Ord. 665 § 15, 2017; Ord. 732 § 6, 2025)
§ 18.08.220 S definitions.
School.
See Section 18.44.060(D).
“Security barrier”
means a wall, fence, or berm that has the purpose of securing a wireless telecommunications facility’s wireless service facility from unauthorized entry or trespass.
Service (Use).
See Section 18.44.070(D).
“Service areas”
means areas, enclosed or open, that contain equipment and uses such as ground level mechanical equipment, utility vaults, loading zones, outdoor storage areas, and trash and recycling areas.
“Service provider”
means the department, district or agency responsible for providing the specific public facility or service.
“Setback”
means the minimum required distance between any structure and a specified line such as a property line or buffer line that is required to remain free of structures unless otherwise provided herein.
Sewer Facility.
See Section 18.44.100(D).
Sexually Oriented Business.
See Section 18.44.070(K).
“Shading vegetation”
means vegetation planted on the south side of a major creek that generally provides shade from midmorning to midafternoon. Examples of shading vegetation are specified in Section 18.48.100, Landscaping.
“Shoreline”
means a line determined by the ordinary high water mark, as defined in the Shoreline Management Act of 1971.
Sign.
See Section 18.48.130, Signs.
“Significant tree”
means an existing tree, which:
1.
Is measured at average breast height above grade and is fifteen (15) inches in diameter;
2.
Is in good health;
3.
Is not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements;
4.
Is not an identified species pursuant to Division 5 of this title, Development Regulations—Critical Areas and Natural Resource Lands; and
5.
Is not one of the following species:
a.
Cottonwood;
b.
Alder;
c.
Poplar; or
d.
Big-leaf maple.
“Site planning”
is the arrangement of buildings, driveways, sidewalks, public open spaces, landscaping, parking, utilities, and other facilities on a specific site.
“Soil”
means the surface layer of earth supporting plant life.
“Solid waste”
means all wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, sludge from wastewater treatment plants, seepage from septic tanks, wood wastes, dangerous wastes, and problem wastes.
“Sound level”
means, in decibels, the quantity measured by an instrument that satisfies American National Standard Specification for Sound Level Meters, S1.4-1971, or the most recent revision thereof. Sound level is understood to be measured with the A-weighted filter and slow response of the instrument.
“Stabilization”
means the process of controlling or stilling the movement of sand and eroding soil by natural vegetative growth, planting of grasses and shrubs, or mechanical means such as wire net and fencing.
Storage.
See Section 18.44.070(H).
Story.
See the Uniform Housing Code or International Building Code.
“Street”
means a public way located within a right-of-way that was created to provide ingress and/or egress to one or more lots, parcels, areas or tracts of land and includes the terms “road,” “highway,” “lane,” “avenue,” or similar designation.
“Street, cul-de-sac”
means a street having only one outlet for vehicular traffic, with a turnaround at the closed end and which is not planned to be extended or continued to serve future subdivisions or development on adjacent lands.
“Street tree”
means a species of tree approved by the city of Rainier to be planted in or along street frontages in accordance with the provisions of Section 18.48.100, Landscaping.
“Streetscape”
is the visual character and quality of a street as determined by various elements located between the edge of the street and the building face, such as trees and other landscaping, street furniture, lighting, artwork, transit stops, signage, utility fixtures and equipment, and paving treatments. Where there are frequent and wide spaces between buildings, the streetscape will be defined by the pattern of building and open space and the character of that open space.
“Structural alteration”
means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.
“Structure”
means a walled and roofed building, a manufactured home, and a gas or liquid storage tank that is principally above ground. “Structure” can also be defined as anything that is constructed in or on the ground or over water, including any edifice, gas or liquid storage tank, and any piece of work artificially built up or composed of parts and joined together.
“Structure, landscaping”
means a fence, wall, trellis, statue or other similar landscaping or ornamental object.
Subdivision.
See Section 18.144.040, Definitions, and Chapter 58.17 RCW.
“Subdivision, clustered housing planned development”
means a subdivision development in which building lots are smaller and placed closer together than conventional development in order to preserve the remaining undeveloped land as open space and/or recreational land. Density requirements for clustered subdivisions are described in the text for the applicable zoning district.
“Survey and monument”
means the boundaries of a partition parcel, road right-of-way or road easement.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 575 § 4, 2009; Ord. 610 § 5, 2012; Ord. 665 § 16, 2017)
§ 18.08.230 T definitions.
“Telecommunications”
refers to the transmission of information chosen by the user between or among specified points without changing the form or content of the information as sent and received.
“Telecommunications service”
refers to the offering of telecommunications for a fee directly to the public, or to classes of users that make it effectively available to the public, regardless of the facilities used.
Temporary Gravel Processing.
See Section 18.44.120(G).
Temporary Real Estate Sales Office.
See Section 18.44.120(E).
Temporary Shelter.
See Section 18.44.120(F).
Temporary Use.
See Section 18.44.120.
“Tiny houses,”
including tiny houses on wheels, are defined as dwellings to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking and sanitation built in accordance with the state building code. (RCW 35.21.686)
“Tower”
refers to any structure designed and constructed primarily to support one or more antennas for telecommunications, including, but not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, personal communications services towers, alternative tower structures, and other similar communication purposes. This term includes the structure, all structural supports, and all related buildings and appurtenances.
“Townhouse”
refers to a single-family dwelling unit, including the ground beneath the unit, with a single unit extending from ground to roof.
“Toxic materials”
refers to substances (liquid, solid, or gaseous) which inherently possess deleterious properties that can destroy life or impair health.
Tract.
See “Lot” in Section 18.144.040, Definitions.
“Trailer, commercial/private”
refers to a vehicle without motor power designed to be drawn by a motor vehicle and used for carrying goods and property.
“Transitional housing”
means a project that provides housing and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living, generally in less than two years. (RCW 84.36.043(3)(c)).
“Transmission tower”
refers to a structure constructed above ground or water, or attached to or on top of another structure, intended to support an antenna and accessory equipment, or functioning as an antenna itself.
Transportation and Infrastructure Uses.
See Section 18.44.100.
“Travel trailer”
refers to a vehicular, portable structure built on a chassis and designed for temporary occupancy for travel, recreational or vacation purposes, or intermittent road use, but not for permanent residential use. A travel trailer will have a visible manufacturer’s certification tag indicating it as such and does not meet the Uniform Building Code requirements. For the purpose of this division, a travel trailer is not considered a mobile home.
“Tree”
refers to any living woody plant characterized by one main trunk and many branches, with a diameter of two inches or more measured at three feet above ground level.
“Tree removal permit”
refers to an approval granted by the community development department to remove significant trees within the city.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 665 § 17, 2017; Ord. 732 § 7, 2025)
§ 18.08.240 U definitions.
“Uniform Building Code (UBC)”
means the current version of the building code as adopted by the state, or equivalent, published by the International Conference of Building Officials, and adopted by the city.
“Unlicensed wireless services”
means commercial mobile services that operate on public frequencies and are not required to have an FCC license to operate.
Use.
See Section 18.44.020(A).
Use, Accessory.
See Section 18.44.020(B)(3).
Use, Administrative.
See Section 18.44.010(B).
Use, Conditional.
See Section 18.44.010(C).
Use, Incidental.
See Section 18.44.020(B)(2).
Use, Primary.
See Section 18.44.020(B)(4).
Use, Principal.
See Section 18.44.020(B)(1).
Use, Public Facility.
See Section 18.44.010(D).
Use, Temporary.
See Section 18.44.020(B)(5).
Utility Facility.
See Section 18.44.100(C).
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 610 § 6, 2012; Ord. 665 § 18, 2017)
§ 18.08.250 V definitions.
“Validity”
means legally binding with the laws as established in the Rainier Municipal Code.
“Variance”
means a modification of regulations of this division when authorized by the city after finding that the literal application of the provisions of this division would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property.
“Vegetative groundcover”
means low-growing vegetation that does not usually exceed one foot in height and eventually grows together to form a continuous mass.
“Vesting”
entitles the applicant to improve and use land in the manner permitted under the ordinances in effect on the date the application is deemed complete by the city or regulatory agency/jurisdiction.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 665 § 19, 2017)
§ 18.08.260 W definitions.
“Wastewater”
means water that carries waste from domestic, commercial or industrial facilities together with other waters which may inadvertently enter the sewer system through infiltration and inflow.
“Water supply, potable”
means a water source that complies with appropriate state agency regulations as to quality and quantity for use as a drinking source.
“Wellhead protection area”
means the surface and subsurface areas surrounding a well or wellfield through which contaminants are likely to pass and eventually reach.
Wetland.
See Section 18.110.060.
Wireless Telecommunications Facility.
See Section 18.44.100(E).
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 659 § 12, 2017; Ord. 665 § 20, 2017)
§ 18.08.270 X definitions.
(Reserved).
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.08.280 Y definitions.
“Yard”
means an open area on a lot with a building and bounded on one or more sides by such building, such space being unoccupied land unobstructed from the ground upward.
“Yard, front”
means an open space on the same lot with the building, between the front line of the building, exclusive of steps, and the front property line or right-of-way, including the full width of the lot to its side lines.
“Yard, rear”
means an open space on the same lot with the building between the rear line of the building, exclusive of steps, porches and accessory buildings, and the rear line of the lot, including the full width of the lot to its side lines.
Yard Sale.
See Section 18.44.120(B).
“Yard, side”
means an open, unoccupied space on a lot, between the side wall line of the main building and the side property line of the lot.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 665 § 21, 2017)
§ 18.08.290 Z definitions.
“Zone”
means a land use area or district established by the city council and depicted on the official zoning map.
“Zoning”
means the regulation of the use of lands or the manner of construction related thereto in the interest of implementing the goals and policies of the comprehensive plan. Zoning includes both the division of land into separate and distinct zoning districts, and the specific use and development standards that regulate development. Such regulation shall also govern those public and quasi-public land use and buildings that provide for government activities and proprietary-type services for the community’s benefit, except as prohibited by law. State and federal governmental activities are strongly encouraged to cooperate under these regulations to secure harmonious city development.
“Zoning district”
means an area accurately defined as to boundaries and location, and classified by the zoning code as available for certain types of uses and within which other types of uses are excluded.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.010 Authority.
This division is adopted by the city of Rainier pursuant to Chapter 36.70A RCW et seq., Growth Management—Planning by Selected Counties and Cities.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.020 Repeal/savings.
Title 18 of the Rainier Municipal Code, known as “Title 18—Comprehensive Plan/Zoning,” is hereby repealed in its entirety and replaced with this and supplemental development regulation divisions as subsequently adopted; provided, that such repeal shall not affect the validity of any permit lawfully issued thereunder, nor any pending enforcement action.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.030 Severability and validity.
The sections, paragraphs, sentences, clauses, and phrases of this division are severable. If any section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this division, which shall continue in full force and effect. Further, if any section, paragraph, sentence, clause, or phrase of this division is adjudged invalid or unconstitutional as applied to a particular property, use, building, or other structure, the application of said portion of this division to other property, uses, buildings, or structures shall not be affected.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.040 Scope and compliance.
The provisions of this division shall apply to all incorporated areas of the city of Rainier, Washington. A parcel of land or water area may be used, developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, occupancy or otherwise only as this division or appropriate development regulation divisions permit. Each development shall comply with the applicable standards set forth in this division and other appropriate Rainier Municipal Code divisions. The requirements of this division apply to the property owner, the person undertaking a development, the user of a development, and any successors in interest.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.050 Consistency with comprehensive plan, development regulations and State Environmental Policy Act.
A.
When the city initiates an action or receives an application for an action, consistency between the proposed project and the applicable regulations and comprehensive plan will be considered using the processes set forth in this division and Division 4 of this title, State Environmental Policy Act (SEPA).
B.
Initial SEPA Analysis. The city shall review the application pursuant to the State Environmental Policy Act (Division 4 of this title, State Environmental Policy Act (SEPA)), and the responsible official shall render a threshold determination pursuant to WAC 197-11-310.
C.
During project permit application review, the city shall determine whether the proposed project complies with applicable development regulations. In the absence of applicable zoning regulations, the city shall determine whether the proposed project is consistent with the comprehensive plan. This determination of consistency shall include the following:
1.
The type of land uses permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval are satisfied;
2.
The level of development, such as the number of units per acre, density of residential development in urban growth areas, or other measures of density;
3.
Availability and adequacy of infrastructure, including public facilities and services identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by RCW 36.70A.120; and
4.
Characteristics of the development, as provided in this division. In deciding whether a project is consistent, the determinations made pursuant to this section shall be controlling. The determination of consistency shall not prohibit the city from denying, conditioning, or mitigating impacts due to other aspects of the project.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.060 Conflict of provisions.
The standards, procedures and requirements of this chapter are the minimum necessary to promote the health, safety, and welfare of the residents of the city. The city is free to adopt more rigorous or different standards, procedures and requirements whenever this becomes necessary. If the provisions of this chapter conflict or overlap one with another, or if a provision of this chapter conflicts or overlaps with the provision of another ordinance of the city, the most restrictive provision or the provision imposing the highest standard prevails.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.070 Responsibility and authority.
A.
The city is charged with the responsibility of administering the provisions of this division.
B.
The designee is authorized and empowered to make administrative decisions and determinations pursuant to Section 18.20.020, Administrative interpretations.
C.
The designee is authorized to revoke any permit issued to the permit holder who fails to comply with this code or conditions of the permit approval, or if there was a permit issued in error or based on false or misleading information.
D.
If the city erroneously issues a building or land use permit, the city must appeal that issuance under LUPA within twenty-one (21) days.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.080 Official records.
A.
The designee is charged with the responsibility of compiling and maintaining an official file on each application or petition submitted under this division, consisting of the following, if applicable:
1.
Application or petition materials submitted by the applicant or appellant;
2.
Staff reports;
3.
Copies of any public notifications;
4.
Written testimony received;
5.
Record of any public hearing held;
6.
Written decision of the granting authority; and
7.
Other information relevant as judged by the staff member assigned to the project.
B.
The official file is a public record, which shall be maintained and made available for public inspection consistent with the city’s retention schedule and laws governing public disclosure. Availability may be temporarily disrupted prior to, or during, public hearings while staff is preparing for the hearing.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.090 Burden of proof.
Except for city-proposed actions, the burden of proof is upon the proponent. The greater the impact of the proposal to the area, the greater the burden upon the proponent. The proposal shall not be approved unless the applicant has provided evidence demonstrating that the proposal conforms to the applicable elements of the comprehensive plan and provisions of this division, especially the specific criteria set forth for the particular type of decision under consideration.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.100 Forms and supportive documentation.
The designee is charged with the responsibility of creating and developing administrative guidelines, applications, maps, charts, reference materials, forms, brochures, handouts and other tools to aid the public, applicants, staff, and decision-makers in interpreting and administering this division.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.110 Fees.
A.
The designee is charged with the responsibility of collecting appropriate fees charged to applicants for any permits or discretionary approval processes provided for in this division. The amount of the fees charged shall be as established by resolution of the city council filed in the office of the city clerk and may be, from time to time, changed without amendment to this division.
B.
Fees shall be paid upon submission of a signed development application or petition for appeal, or as otherwise provided by any fee resolution or ordinance adopted by the city. In the event the resolution does not clearly establish a fee for the application or petition, the designee is authorized to charge the applicant based on the hourly rates established for the appropriate staff member. A department of the city of Rainier shall not be required to pay application fees when applying for a permit regulated under any municipal code title. Where such an application will require substantial review time or expenditures, the city may direct that the department initiating the application request to reimburse the community development department for some or all of costs expended for any required review.
C.
Work without an Application or Permit.
1.
Whenever any work for which an application and/or project permit is required by this or any development regulation division, and has commenced without first obtaining approval of said application, a special investigation fee shall be assessed before a permit may be issued for such required work.
2.
An investigation fee, in addition to the application or permit fee, shall be collected whether or not an application is then subsequently issued. The investigation fee shall be based on the hourly rate of the staff member conducting the investigation, with a one-hour minimum to apply to any investigation. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from penalties prescribed by law.
D.
If so allowed by the governing municipal code, the designee may authorize a full or partial refund of any fee when an application is withdrawn. The refund shall be based on the estimated expenditure of staff resources at the time of the withdrawal of the application.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.120 Security mechanisms.
A.
The purpose of this section is to provide the city with financial mechanisms to ensure that conditions, requirements and all applicable provisions of this division associated with permit approvals are met. The city may require a cash guarantee, letter of credit or the posting of a performance, completion, or maintenance bond, or its equivalent, with the city, to ensure the subsequent completion and continued maintenance of all permit conditions. Permits for single-family residences, except related stormwater facility or road improvements, are exempt from this requirement.
B.
Bonding.
1.
A surety bond or equivalent shall be in a form acceptable to the city and shall represent a percentage of the estimated cost of design, materials, and labor related to the project in question, based on the estimated costs on the last day covered by the device, of installing, replacing, or repairing, as appropriate, the improvements covered by the security, as agreed to by the designee.
a.
Performance and/or Completion Bond. One hundred twenty-five percent (125%) of the costs specified in subsection (B)(1) of this section, for the duration specified by the city, or until all improvements are installed and accepted by the city, whichever is less.
b.
Maintenance Bond. Twenty percent (20%) of the costs specified in subsection (B)(1) of this section, for the duration specified by the city, or until the city is satisfied that maintenance shall continue, whichever is less. However, the bond or equivalent shall be extended if repairs are made at the end of the bonding period, which, in the opinion of the designee, require additional guarantee of workmanship.
2.
The surety bond or equivalent, if required, may be presented to the city after preliminary approval of a project, but in all circumstances shall be presented prior to the issuance of a site development permit. The conditions of performance to which the bond is subject shall be listed on the permit attached thereto. No final certificate of occupancy, or other permit for which a bond is required, shall be issued until all such conditions are satisfied. All securities shall be held until released by the designee.
C.
In each case where a security is posted, the applicant and the designee shall sign a notarized security agreement. The agreement shall provide the following information:
1.
A description of the work or improvements covered by the security.
2.
Either the period of time covered by the maintenance security or the date after which the city will use the proceeds of the performance security to complete the required work or improvements.
3.
The amount and nature of the security and the amount of any cash deposit.
4.
The rights and duties of the city and applicant.
5.
An irrevocable easement or other authority to allow the employees, agents, or contractors of the city to enter the subject property for the purpose of inspecting and, if necessary, performing the work or making the improvements covered by the security.
6.
The applicant may request that the city release the security after the work or improvements covered by a performance security have been completed, or at the end of the time covered by a maintenance security. The designee shall release the remaining security when the applicant has complied with the security agreement and applicable permit conditions. If the work has not been completed or repairs not made, then the city shall not release the security until such work is completed. Partial release of the security may be allowed, provided the developer provides a new security equal to one hundred twenty-five percent (125%) of the cost of the remaining work.
D.
During the period of time covered by a maintenance security, or after the date by which the required work or improvements are to be completed under a performance security, if the designee determines that the security agreement has not been complied with, the city shall so notify the applicant. The notice must state:
1.
Work or improvements that must be completed to comply with the security agreement; and
2.
Amount of time that the applicant has to commence and complete the required work or improvements; and
3.
If not commenced and completed within the time specified, the city will use the proceeds of the security to complete the work or improvements.
E.
If the work or improvements covered by the security are not completed within the time specified in the notice, the city shall obtain the proceeds of the security and cause such work to be completed.
F.
The applicant shall be responsible for all costs incurred by the city in administering, maintaining, or making the improvements covered by the security. The city shall release or refund the balance of the remaining security after subtracting all costs for completing the work. The applicant shall reimburse the city for any amount expended by the city that exceeds the proceeds of the security. The city may file a lien against the subject property for the amount of any excess.
G.
In each case where the city uses any of the funds of a security, it shall give the applicant an itemized statement of all funds used.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.12.130 Enforcement.
A.
The purpose of this section is to provide the authority and procedures for the revocation, modification, and expiration of permits and approvals granted pursuant to city regulations, and this section applies to violations of any provision of Divisions 2, 3, 4, 5, and 6 of this title unless specifically provided within those divisions.
B.
Responsibility of Enforcement. It shall be the duty of the community development department to enforce the provisions of all development regulations to protect the public and minimize deficiencies that endanger health and safety. The appropriate use of enforcement power, including prosecution, is important both to secure compliance with the law and to ensure that those who have duties under it may be held to account for failures to safeguard health, safety and welfare.
C.
Revocation—Modification—Expiration of Approvals/Permits.
1.
Any conditions or requirements placed upon a development approval/permit by the designee or decision-making body as a result of the provisions of this division shall be followed. In the event that the permit holder, or assignee, fails to comply with any such conditions, the underlying development permit may be revoked or modified as set forth below.
2.
If after an investigation, the city determines that one or more conditions of a permit are not being met, notice shall be mailed to the permit holder or agent by regular mail advising them of the deficiency and requiring that the deficiency be remedied within fourteen (14) days from the date the notice is mailed or such other period as the city designee may deem appropriate.
3.
If the permit holder or agent fails to remedy the deficiency within this time period, the city designee shall mail notice to the permit holder or agent advising of the intent to revoke the development permit. Such notice shall state that to avoid such action the permit/application holder may appeal the revocation notice in writing. The permit holder shall be afforded a hearing before the city council to show cause why the permit should not be revoked. Such a hearing request must be filed within fourteen (14) days of the date of the notice of intent to revoke. The city council may (a) uphold the permit should it be determined that all conditions have been met or no longer need to be met; (b) modify or add conditions to the permit; or (c) uphold the revocation of the permit. If the permit holder fails to file a timely request for hearing, the designee shall send a notice advising that the development permit has been revoked and that any further action thereon will be in violation of city of Rainier development regulations.
4.
The provisions of Section 18.16.040, Coordination of development permit procedures, shall apply to all development permits issued prior to and after the date of adoption of this code.
5.
Community Development Department Authority. The designee has the authority to revoke or modify any permit or approval that was issued pursuant to city review. Prior to such revocation or modification, the designee shall follow procedures concerning notice and appeals as required for the initial consideration thereof; provided, that when any permit or approval is not exercised within the time specified in such permit or approval or, if no date is specified, within one year from the approval date of said permit or approval, the permit or approval shall automatically become null and void and no public hearing shall be required on the matter.
6.
Initiation of an Action. An action to revoke or modify any permit or application may be initiated by:
a.
The designee; or
b.
By petition of any aggrieved party directly affected by the project or use together with the adopted appeals filing fee and filed with the city.
7.
Grounds for Revocation or Modification. Such revocation or modification shall be made on any one or more of the following grounds:
a.
That the approval or permit was obtained by fraud;
b.
That the use for which such approval or permit was granted is not being exercised;
c.
That the use for which such approval or permit was granted has ceased to exist or has been suspended for one year or more;
d.
That the approval or permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval or permit, or in violation of any statute, resolution, code, law, or regulation;
e.
The applicant did not provide complete or correct submittal information and discovery of the inaccuracies is later brought to the attention of the city that require additional permit review, modification, or possible permit revocation;
f.
That the use for which the approval or permit was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
8.
Expiration. When any permit or approval is not exercised by the expiration date indicated on the approval or permit or, if no expiration date is specified, one year from the approval date, the permit or approval shall expire. No extension of the expiration date for a permit or approval shall be granted unless such extension is approved pursuant to specific provisions for the relevant permit or approval.
D.
Notice and Orders to Correct—Stop Work Orders or Any Other Written Order.
1.
Authority. The building official/inspector, fire marshal, community development director/senior planner, code enforcement officer, city police, or their respective designees are hereby authorized to issue a notice and order to correct, stop work order, or any other written order when any person, firm, corporation or agent thereof has erected or maintains any building or structure, or conducts any land use or activity contrary to any provision of the city of Rainier development regulations.
2.
Order. Notice and orders to correct, stop work orders, or any other written orders shall be obeyed upon issuance of the order. The erection or maintenance of any building or structure, or the conduct of any land use or activity contrary to any provision of the city of Rainier development regulations is a nuisance and notices, fees, appeals and procedures of Chapter 8.12 apply.
E.
Cease and Desist Orders.
1.
Authority. The building official/inspector, fire marshal, community development director, building inspector, code enforcement officer, sheriff, or their respective designees are hereby authorized to issue a cease and desist order when any person, firm, corporation, or agent thereof is making or partaking in any use of land, development, or any activity not permitted by the city of Rainier development regulations.
2.
Orders. Cease and desist orders shall be obeyed immediately and all activity shall cease upon issuance of the order. The order shall specify each violation by reference to the specific title, chapter, and section or by reference to the approved permit.
3.
Decisions and Appeals. Cease and desist orders are processed as Process I administrative approvals. The order shall state that the order may be appealed as specified in Section 18.16.080(D). If a decision is appealed on said matter, the city council shall issue a decision upholding, revoking, or modifying the prior order. The decision of the city council is final and conclusive unless said matter is determined otherwise by the appropriate court.
F.
Violations. It is a violation of this division to:
1.
Initiate or maintain the use of any structure, land, sign, vegetation or property within the city without first obtaining the permits or authorizations required for the use by this division.
2.
Use, construct, locate, or demolish any structure, land, sign, vegetation or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this division; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
3.
Remove or deface any sign, notice, complaint or order required by or posted in accordance with this division or Section 18.48.130, Signs.
4.
Misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
5.
Fail to comply with the requirements of this division.
6.
In addition to any other sanction, penalty, or any remedial, judicial or administrative procedure available under the city code or state law, violation of any provision of this chapter or failure to comply with a decision of the responsible official or city council issued pursuant to this chapter and Chapter 7.80 RCW constitutes a civil infraction (a violation of a city ordinance). Civil infractions are not crimes, and the only penalty for a civil infraction is a monetary fine. The fines are as defined below:
a.
Each day or portion thereof during which a violation occurs or exists shall be deemed a separate civil infraction. A person found to have committed a civil infraction shall be assessed a monetary penalty of two hundred fifty dollars ($250.00).
b.
The municipal court may consider dismissing with costs only upon a showing that the violation was corrected within thirty (30) days from issuance of the notice and orders to correct, stop work order or any other written order to correct the infraction.
c.
Whenever a court under this chapter imposes the monetary penalty allowed under the provisions of this division, it is immediately payable. If the person is unable to pay at that time, the court may grant an extension. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting attorney of the failure to pay.
d.
Payment of a monetary penalty or performance of the required community service shall not relieve a person of the duty to correct the violation.
e.
The court may also order a person found to have committed a civil infraction to make restitution.
G.
Additional Enforcement Powers. The city may remove, correct, or replace any improperly constructed facility, structure, or portion thereof and the property owner shall pay all expenses incurred by the city. If the city is required to bring an action to recover such costs, the city will recover reasonable attorneys’ fees and interest of any unpaid costs at twelve percent (12%) per annum to run from the date the work was completed by the city. The city is authorized to make inspections as required to enforce these regulations. A city representative must present proper identification when entering onto private property.
H.
Approval/Permit Durations.
1.
Use Permits. An approved use permit shall be allowed to develop for a period of one year from the effective date of the permit approval unless a different time limitation was specifically authorized in the final approval. The development of an approved use permit shall be governed by the terms of approval of the permit unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.
2.
Preliminary Plat. See Section 18.148.110.
3.
Use Permits Associated with a Preliminary Plat. Use permit applications, such as planned development district applications that are approved as a companion to a preliminary plat application, shall remain valid for the duration of the preliminary and final plat as provided in subsections (B) and (D) of this section.
4.
Final Plat. See Chapter 18.148, Article V.
5.
Short Plat. See Chapter 18.156.
6.
Binding Site Plan. See Chapter 18.168.
7.
All approvals described in this section shall be vested for the specific use, density, and physical development identified in the permit approval.
I.
Application Modification. Proposed modifications to an application that has been deemed to be complete by the city shall be treated as follows:
1.
Modifications proposed by the department to an application shall not be considered a new application.
2.
Any modification to an application may require revised public notice and/or additional review fees.
3.
Modifications proposed by the applicant to a pending application deemed to result in a substantial increase in a project’s impacts shall require a new application. The new application shall conform to the development regulations in effect at the time the new application is submitted. The city shall apply the following criteria to determine if a substantial modification is proposed:
a.
The perimeter boundaries of the original site are extended by more than five percent of the original lot area;
b.
The modification adds more than twenty-five percent (25%) gross square footage to proposed structures on the site;
c.
The modification increases the overall impervious surface on the site by more than twenty-five percent (25%);
d.
The modification increases the overall residential density of a site by more than twenty percent (20%);
e.
The modification reduces designated open space by more than ten percent (10%);
f.
The modification increases or substantially relocates points of access unless supported by a revised traffic analysis; or
g.
The modification consists of changing the original application’s primary use category to a new primary use category of greater intensity, as determined by the new use’s impacts, including but not limited to traffic, impervious surface, noise, glare, dust, and hours of operation.
J.
Expiration. Any application type pending before the adoption of the ordinance codified in this division that does not contain all submittal items and required studies that are necessary for a public hearing or has not been reviewed by the city council in a public hearing shall become null and void one year after notice is mailed to the applicant/property owner. A one-time, one-year time extension may be granted by the city after a public hearing if the extension request is submitted within one year of the effective date of the ordinance codified in this chapter and the applicant has demonstrated due diligence and reasonable reliance towards project completion. In considering due diligence and reasonable reliance, the city shall consider the following:
1.
Date of initial application;
2.
Time period the applicant had to submit required studies;
3.
Availability of necessary information;
4.
Potential to provide necessary information within one year;
5.
Applicant’s rationale or purpose for delay; and
6.
Applicant’s ability to show reliance together with an expectation that the application would not expire.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 635 § 1, 2015)
§ 18.12.140 Waiving vested rights.
A property owner (or agent) may voluntarily waive vested rights at any time during the processing of an application by delivering a written and signed waiver to the city stating that the property owner agrees to comply with all development regulations in effect on the date of delivery of the waiver. Any change to the application is subject to the modification criteria and may require revised public notice and/or additional review fees.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.010 Purpose.
The purpose of this chapter is to establish permit and approval requirements, and process types, and determine application completeness, application notifications and public hearings. This chapter provides for and promotes the health, safety and welfare of the general public and is 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 provisions of this chapter.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.020 Permit required.
A permit, discretionary or zoning decision shall be issued by the city according to the provisions of this division for all development activities and uses located within the city, except as excluded by Section 18.16.030, Exclusions from permit requirements. The city shall not issue a building permit for the construction, reconstruction or alteration of a structure or a part of a structure for which a zoning decision has not been issued. The city shall not issue a project permit, discretionary or zoning decision for the improvement or use of land that has been previously divided or otherwise developed in violation of this division, regardless of whether the permit applicant created the violation, unless the violation can be rectified as part of the development.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.030 Exclusions from permit requirements.
Except as indicated otherwise, an activity, development or use listed below is excluded from the requirement for a project permit, discretionary, or zoning decision. Exclusion from the requirements of a permit does not exempt the development or its use from applicable requirements of this division or other applicable federal, state and local regulations.
A.
Landscaping of a single-family detached dwelling that does not involve a structure, grading, fill, excavation or otherwise require a permit.
B.
Fences less than or equal to six feet in height and not obstructing the clear line of vision of vehicular traffic approaching the location from any street or driveway. Fences greater than six feet in height require a building permit and must meet applicable setback standards.
C.
A change internal to a building or other structure that does not substantially affect the use of the structure and that does not require a building permit.
D.
Structures two hundred (200) square feet or less and less than ten (10) feet in height are not subject to a development permit, but are required to meet all appropriate setbacks as listed in Section 18.48.040, setbacks standards, when placed on the owner’s property where the owner resides. No structures may be placed on a lot so as to obstruct the clear line of vision of vehicular traffic approaching on any street or from a driveway.
E.
Any emergency measures necessary for the safety or protection of property.
F.
Agricultural uses.
G.
The establishment, performance, construction, or installation of residential accessory uses that do not involve or otherwise require a city permit, license or approval.
H.
The establishment, construction or termination of a public utility facility that directly serves development authorized for any area, including such facilities as a private or public street, sewer, water line, electrical power or gas distribution line, or telephone or television cable system, that do not otherwise require a city permit, license or approval.
I.
Installation or construction of an accessory structure that does not require a building permit.
J.
The stockpiling or broadcasting of less than fifty (50) cubic yards of landscape material, such as topsoil, peat, sawdust, mulch, bark, or chips.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.040 Coordination of development permit procedures.
A.
The designee shall determine the proper procedure for all applications using Section 18.16.070, Process types. If there is a question as to the appropriate process, the designee shall resolve it in favor of the higher process type procedure. Process I requires the least amount of review and Process V requires the most deliberate review.
B.
An application that involves two or more procedures shall be processed collectively at the city’s sole discretion, under the highest numbered procedure required for any part of the application. Public hearings with other agencies shall be processed according to Section 18.16.190, Notice of public hearing.
C.
Abbreviated findings shall be restricted to Process Types I and II, where little or no discretion is needed to make a decision. The decision may serve as a permit if all requirements are met.
D.
Except for Process Types IV and V, city actions on project permits shall be complete within one hundred twenty (120) days of determination of a completed application, including resolution of all local appeals. This one hundred twenty (120) day period may be extended for a reasonable period of time at the request of the applicant pursuant to Section 18.16.150, determination of completeness.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.050 Certain regulatory authority not affected.
An application for a land use action may be denied or approved conditionally under the authority of the city to protect and enhance the public safety, health, and general welfare, and under the State Environmental Policy Act, even though the applicant has attained a vested right against enforcement of an ordinance which changes the regulations, codes, or procedures affecting the land use action.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.060 Terminology and methods used.
The designee shall be responsible for the coordination of the project permit application and decision-making procedures and shall only issue a permit or grant an approval to an applicant whose application and proposed development is in compliance with the provisions of all development regulations. Before issuing any permits or approvals, the city shall be provided with sufficient detail to establish that an application is in full compliance with the requirements of this division.
A.
For purposes of this division, certain terms or words used in this division shall be interpreted as follows:
1.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
2.
The word “shall” is mandatory; and the word “may” is permissive.
3.
The word “used” or “occupied” includes the words “intended, designed or arranged to be used or occupied.”
B.
In computing time for the purposes of this division, the following apply:
1.
“Day” means calendar day.
2.
The day that a notice is issued shall not be included in the comment period.
3.
The last day of the comment period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, then it also is excluded and the comment must be submitted by the next business day.
4.
The day that a decision is issued shall not be included in the appeal period.
5.
The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next business day.
C.
Distances will be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located to the nearest point of the parcel, buffer or wetland delineation line, ordinary high water line or the zoning district boundary line from which the proposed use is to be separated.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.070 Process types.
Permit applications for review pursuant to this section shall be classified as a Process Type I, II, or III, all of which are administrative in nature. Process Type IV is quasi-judicial and requires a decision by the city council. Process Type V is legislative in nature for action by the city council. All land use permit applications and decisions are categorized by process type as set forth in this chapter. The differences between the processes are generally associated with the different nature of the decisions and the decision-making body, as described in Table 18.16-1 below.
Table 18.16-1 – Application Processing Procedures | |||||
|---|---|---|---|---|---|
Process I Administrative Approval | Process II Administrative Action | Process III Planning Commission Decision | Process IV Quasi-Judicial | Process V Legislative Review | |
Permit/Application Types | Administrative Interpretations; Boundary Line Adjustments; Building Permit; Business Licenses; Design Standards Review; Limited Home Occupations; Lot Combinations and Segregations; Manufactured or Mobile Home Permit; Plat Extensions, Site Development Permit; Sign Permit; Temporary Sign Permit; Temporary Use Permit; Tree Removal Permit; Variance Extensions; Zoning Decisions; Code Enforcement; Civil Infraction Citations; Notice and Orders | Administrative Use Permit; Administrative Variance; Environmental Review (SEPA); Home Occupations; Master Plan; Shoreline Permit; Short Plats, Preliminary, Amendments, Alterations, Finals, and Extensions | Binding Site Plan; Conditional Use Permits; All Shoreline Permits; Density Transfer Program; Public Facilities Permits | Reasonable Use Permit; Variances; Rezone; Plat Amendment, Preliminary, Alteration, and Final; Master Plan; Priority Habitat Nominations; Right-of-Way Vacation ** No hearing or recommendation required of planning commission for Final Plat or Right-of-Way Vacation; Reasonable Use Permit; Variances | Development Regulation Text Amendments; Area-Wide Land Use or Zoning Map Change; Comprehensive Plan Text and Map Amendments; Annexations; Adoption of New or Amended Ordinances |
Impacts | Minimal or no effect on others, so issuance of permit is not dependent on others | Application of the standards may require some knowledge of impacts and effect upon others | Potential significant effect on some persons or broad impact on a number of persons | Potential significant effect on some persons or broad impact on a number of persons | Potential significant effect on some persons or broad impact on a number of persons |
Reviews and Recommendations | N/A | N/A | Designee | Planning Commission ** Except as noted above | Planning Commission |
Decision-Making Body | Designee | Designee | Planning Commission | City Council or Zoning Board of Adjustment | City Council |
Appeal | City Council | City Council | City Council | State Agencies, Thurston County Superior Courts | State Agencies, Thurston County Superior Courts |
Notice/Comment | Participation of applicant only | Nearby property owners invited to comment on an application | In addition to applicant, others affected invited to present initial information | In addition to applicant, others affected invited to present initial information | Anyone invited to present information |
A.
This section is intended to provide procedures for the processing of permits pursuant to the requirements of Chapter 36.70B RCW, including, but not limited to, preapplication conferences, SEPA consistency, determination of completeness, notice of application, public notice, public hearing and appeal processes for review of project permits. If the procedural requirement of this division were in direct conflict with the state statute, then the state statute would apply.
B.
All Process Type III and IV permits, and any Process Type I and II permits that require environmental review under SEPA (Chapter 43.21C RCW and Division 4 of this title) are subject to the provisions of Section 18.16.090, Process II—Administrative action. An environmental checklist shall be submitted in conjunction with the submittal of a project permit application subject to Section 18.16.140, Project permit applications. The responsible official shall make a threshold determination for all related project permit applications subject to environmental review. The city shall not issue a threshold determination, other than a determination of significance (DS), prior to the submittal of a complete application and the expiration of the public comment period in the notice of application pursuant to Section 18.16.180, notice of application, but may utilize the public notice procedures as outlined in Section 18.16.190, Notice of public hearing, to consolidate public notice.
C.
The following permits or approvals are specifically excluded from the procedures set forth in this chapter:
1.
Landmark designations.
2.
Street vacations.
3.
Street use permits.
4.
Building permits which are categorically exempt from environmental review under SEPA or that do not require street improvements, boundary line adjustments, or other construction permits, pursuant to RCW 36.70B.140.
5.
Administrative approvals which are categorically exempt from environmental review under SEPA, pursuant to Chapter 43.21C RCW and Division 4 of this title, State Environmental Policy Act (SEPA), for which environmental review has been completed in connection with other project permits.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 576 § 4 (part), 2009)
§ 18.16.080 Process I – Administrative approval.
A.
Various provisions of this chapter indicate that certain developments, activities, or uses are permitted only if approved by Process I review. Under Process Type I, the city is authorized to make administrative decisions based on certain criteria as set forth in this division or chapter. Any Process I application categorically exempt from the State Environmental Policy Act (WAC 197-11-800) shall be reviewed pursuant to the procedural requirements of Process I. City decisions under this process may be appealed to the city council.
B.
Purpose of Review.
1.
To review a proposal for compliance with the provisions of this chapter and all other applicable law.
2.
To ensure that the health, safety, and welfare of the citizens of the city are preserved.
3.
To provide an expedient and reasonable land use review process for administrative decisions and interpretations of this chapter.
C.
Applications.
1.
Any person may make application for a Process I land use decision.
2.
The applicant shall file a completed land use application.
3.
The application shall be incomplete unless accompanied by the required fee.
4.
The city may modify the submittal requirements as deemed appropriate.
5.
An application for an administrative decision shall be routed to the community development department. The designee may route an application to other staff members or departments for comment.
D.
Appeals.
1.
Any person with standing that objects to a city decision has the option to appeal the administrative approval decision.
2.
The appeal, in the form of a letter of appeal, must be delivered to the city within fourteen (14) calendar days after issuance of the administrative decision. The letter of appeal must contain:
a.
A statement identifying the administrative decision being appealed;
b.
A copy of the administrative decision;
c.
A statement of the alleged errors in the administrative decision, including identification of specific factual findings and conclusions of the city designee disputed by the person filing the appeal; and
d.
The appellant’s name, address, telephone number and fax number or information to communicate with the appellant.
3.
The appeal will be considered incomplete unless the required fee is paid.
4.
Appeals of Process I decisions are heard by the city council.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.090 Process II – Administrative action.
A.
Various provisions of this chapter indicate that certain developments, activities or uses are permitted only if approved using Process Type II. Under Process Type II, the city will make the initial land use decision based on written comments and information. Appeal of the decisions will be decided by the city council after an open record appeal.
B.
Process II has the following purposes:
1.
Review the proposal for compliance with the provisions of this chapter and all other applicable law.
2.
Help ensure that the proposal is coordinated, as is reasonable and appropriate, with other known or anticipated development on private properties in the area and with known or anticipated right-of-way and other public improvement projects within the area.
C.
Applications.
1.
Any person may make application for a decision of Process II actions.
2.
The applicant shall file a completed application on the form provided by the department. The applicant shall also provide all information or material specified in the provision of this chapter that describes the decision applied for, all information specified in Section 18.16.150, determination of completeness, and any additional information or material that the city determines is reasonably necessary for a decision on the matter.
3.
With the application, the applicant shall submit the fee established by the city. The application will not be accepted unless the required fee accompanies it.
4.
The city will apply Section 18.16.150, determination of completeness, to determine if an application is complete.
5.
A determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or substantial changes in the proposed action occur.
D.
The SEPA applies to some of the decisions made using this process. The city shall evaluate each application and, where applicable, comply with the provisions of Division 4 of this title, State Environmental Policy Act (SEPA).
E.
Official File.
1.
The designee shall compile an official file on the application containing the following:
a.
All application material submitted by the applicant.
b.
All written comments received on the matter.
c.
The written decision of the designee.
d.
If a city decision is appealed, the following will be included in the file:
i.
The letter of appeal.
ii.
All written comments received regarding the appeal.
iii.
The staff report regarding the appeal.
iv.
The electronic audio recording of the hearing on the appeal.
v.
Any other information relevant to the matter.
2.
The official file is a public record. It is available for inspection and copying in the city during regular business hours.
F.
Within fourteen (14) days of issuing a letter of completeness on the proposal, the designee shall prepare a notice of application containing all specified information in Section 18.16.180, notice of application.
G.
The applicant has the responsibility of convincing the city that under the provisions of this process the applicant is entitled to the requested decision.
H.
The city shall consider all written comments and information regarding the requested decision received by the community development department before the deadline contained within the notice of application.
I.
City Decision.
1.
Coordination with Decisions Under the State Environmental Policy Act. If a SEPA threshold determination is required, the threshold determination must follow the end of the public comment period, but precede the city’s decision on the land use and design components of the Process II project approval. If the SEPA threshold determination is appealed, the city’s land use and design components decision shall be issued sufficiently in advance of the open record hearing on the threshold determination appeal to allow any appeal of the land use and/or design review decision to be consolidated and heard with the appeal of the threshold determination. If the city is unable to issue the final decision on the land use of a Process II project application as provided in this subsection, the city shall provide written notice pursuant to Section 18.16.150(D), determination of completeness.
2.
In making a decision on the application, the city shall use the criteria listed in the provisions of this chapter. In addition, the city may approve the application only if it is consistent with:
a.
The comprehensive plan;
b.
All applicable provisions of this chapter;
c.
The public health, safety, and welfare; and
d.
The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal.
3.
The city shall include in the written decision any conditions and restrictions that are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions become part of the decision. The city shall include the following in the written decision:
a.
A statement granting, modifying and granting, or denying the application.
b.
Any conditions and restrictions that are imposed.
c.
A statement of facts presented to the city that support the decision, including any conditions and restrictions that are imposed.
d.
A statement of the conclusions based on those facts.
e.
A statement of the criteria used in making the decision.
f.
The date of the decision.
g.
A summary of the rights, as established in this process, of the applicant and others to appeal the decision.
h.
A statement of any threshold determination made under Chapter 18.64, threshold determination process.
J.
A copy of the city’s written decision shall be mailed within five working days after it is issued to:
1.
The applicant.
2.
Each person who submitted written comments or information to the city.
3.
Any person who has specifically requested it.
K.
Decisions under this section shall become final subject to the following:
1.
Any person aggrieved by a city decision may appeal the decision within fourteen (14) days of the issuance of the decision as specified by subsection (L) of this section. If a written notice of appeal is received within the appeal period, the decision shall be referred to the city council and shall not become final until the appeal process is complete and a final decision is issued. Upon issuance of the final decision, the applicant may engage in activity based on the decision, provided applicable permits have been approved.
2.
If no appeal is submitted within the fourteen (14) calendar day appeal period, the preliminary approval shall become final on the first calendar day following the expiration of the appeal period. Upon the decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved.
L.
Appeals.
1.
The decision of the city related to the processes pursuant to Table 18.16-1 may be appealed by any person who is to receive a copy of that decision under subsection (J) of this section.
2.
The appeal, in the form of a letter of appeal, must be delivered to the city within fourteen (14) calendar days after issuance of the decision of the city designee. The letter of appeal must contain:
a.
A statement identifying the decision being appealed;
b.
A copy of the decision;
c.
A statement of the alleged errors in the decision, including identification of specific factual findings and conclusions of the designee disputed by the person filing the appeal; and
d.
The appellant’s name, address, telephone number and fax number or information to communicate with the appellant.
3.
The appeal will be considered incomplete unless the required fee is paid.
4.
Appeals of Process II decisions are heard by the city council.
M.
Notice of public hearing is required for all types of applications for which a public hearing is held. Notice of public hearing shall be reasonably calculated to give actual notice and shall contain the information as specified in Section 18.16.190, Notice of public hearing.
N.
Only those persons entitled to appeal the decision under subsection (L)(1) of this section may participate in the appeal. These persons may participate in either or both of the following ways:
1.
By submitting written comments or information to the community development department prior to the hearing or to the city council during the hearing.
2.
By appearing in person, or through a representative, at the hearing and submitting oral comments directly to the city council. The city council may reasonably limit the extent of the oral comments to facilitate the orderly and timely conduct of the hearing.
O.
The scope of the appeal is limited to the errors raised or the specific factual findings and conclusions disputed in the letter of appeal. The city council may only consider evidence, testimony or comments relating to errors raised or the disputed findings and conclusions. The city council also may not consider any request for modification or waiver of applicable requirements of this chapter or any other law.
P.
Appeal Staff Report.
1.
The designee shall prepare a staff report on the appeal containing:
a.
The written decision of the designee.
b.
All written comments submitted to the designee.
c.
The letter of appeal.
d.
All written comments on the appeal received by the community development department from persons entitled to participate in the appeal.
e.
An analysis of the alleged errors in the decision and any specific factual findings and conclusions disputed in the letter of appeal.
2.
At least seven calendar days before the hearing, the designee shall distribute copies of the staff report on the appeal to:
a.
The city council.
b.
The applicant.
c.
The appellant.
d.
Each person who received a copy of the city decision.
Q.
Open Record Appeal.
1.
The city council shall hold an open record hearing on the appeal.
2.
The hearings of the city council are open to the public.
3.
The city council shall make an audio recording of each hearing.
4.
The person filing the appeal has the responsibility of convincing the city council by a preponderance of the evidence that the designee’s decision contains an error of law or that its findings of fact or conclusions are incorrect pursuant to Section 18.12.090, Burden of proof.
5.
The city council may continue the hearing if, for any reason, all of the public comments on the appeal are not heard, or if the city council determines that they need more information within the scope of the appeal. If, during the hearing, the city council announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.
R.
Decision on Appeal.
1.
The city council shall consider all information and comments within the scope of the appeal submitted by persons entitled to participate in the appeal. The city council shall either affirm or change the findings and conclusions of the designee that were appealed. Based on the city council’s findings and conclusions, the council shall either affirm, reverse or modify the decision being appealed.
2.
Within ten (10) working days after the public hearing, the city council shall issue a written decision on the appeal and, within five working days after issuance, distribute the decision to:
a.
The applicant.
b.
The person who filed the appeal.
c.
Each person who participated in the appeal.
d.
Each person who specifically requested it.
3.
The decision by the city council is the final decision of the city.
S.
The city council’s decision affirming, modifying or reversing the designee’s decision denying an application under this process is the final decision of the city. The city council’s decision may be reviewed pursuant to RCW 36.70C.040 in the Thurston County superior court. The land use petition must be filed within twenty-one (21) calendar days after issuance of the final land use decision of the city.
1.
The applicant under this process must begin construction or submit to the city a complete building permit application for the development activity, use of land or other actions approved under this process within one year after the final decision on the matter, or the decision becomes void.
2.
The applicant must substantially complete construction for the development activity, use of land, or other actions approved under this process and complete the applicable conditions listed in the decision within five years after the final decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to subsection (S) of this section, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation.
3.
If the development activity, use of land, or other actions approved under this section includes phased construction, the time limits of this section may be extended in the decision on the application to allow for completion of subsequent phases.
T.
Prior to the lapse of approval under subsection (S) of this section, the applicants may submit a written application in the form of a letter with supporting documentation to the community development department requesting a one-time extension of those time limits (time extension) of up to one year.
1.
The request must demonstrate that the applicant is making substantial progress on the development activity, use of land or other actions approved under this section and that circumstances beyond the applicant’s control prevent compliance with the time limits of Section 18.16.150(A)(1), determination of completeness.
2.
The applicant shall include, with the letter of request, the established city fee or the application will not be considered complete.
3.
An application for a time extension will be reviewed and decided upon by the designee.
U.
Any aggrieved person who by granting or denying a request for a time extension under this section may appeal that decision to the city council. The appellant must file a letter of appeal indicating how the decision on the time extension affects the appellant’s property and presenting any relevant material or information supporting the appellant’s contention. Pursuant to Section 18.16.150(A), determination of completeness, any time limit upon the city’s processing and decision upon applications under this chapter may, except as otherwise specifically stated in this chapter, be modified by a written agreement between the applicant and the designee.
V.
The city may require a bond under Section 18.12.120(B), Security mechanisms, to ensure compliance with any aspect of a permit or approval.
W.
Complete Compliance Required.
1.
Except as specified in subsection (W)(2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this section in order to do everything authorized by that approval.
2.
If a specific use or site configuration for the subject property was approved under this process or any administrative process under a previous zoning regulation, the applicant is not required to apply for and obtain approval through this process for a subsequent change in use or site configuration unless:
a.
There is a change in use and this chapter establishes different or more rigorous standards for the new use than for the existing use; or
b.
The designee determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 575 § 5, 2009)
§ 18.16.100 Process III – Planning commission decisions.
A.
This chapter establishes criteria to review, approve, deny, notice, and appeal certain developments, activities or uses permitted by using Process Type III. Under Process III, the planning commission will make a decision following a public hearing.
B.
All lower permit and approval process types must receive approval prior to scheduling a public hearing under Process III.
C.
Process III has the following purposes:
1.
Review the proposal for compliance with the provisions of this chapter and all other applicable laws.
2.
Ensure that the proposal is coordinated, reasonable and appropriate with other known or anticipated development on properties in the area and with known or anticipated right-of-way and other public improvement projects in the general vicinity.
3.
Encourage proposals that embody good design standard principles that will result in high-quality development on the subject property.
D.
The applicant shall file the following information with the community development department when filing an application:
1.
A completed application on forms provided by the community development department, with supporting affidavits.
2.
Any information or material specified in the provision of this chapter that describes the requested decision in the application.
3.
Any additional information or material that the designee determines reasonably necessary for a decision in the matter.
4.
The city will apply Section 18.16.150, determination of completeness, to determine if an application is complete.
5.
A determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or substantial changes in the proposed action occur.
6.
An application will not be considered complete unless the required fee is paid.
E.
The designee shall compile an official file on the application containing the following:
1.
All application materials submitted by the applicant.
2.
The staff report.
3.
Any Process I or II approvals required for the project.
4.
All written comments received on the matter.
5.
The electronic recording of the public hearing on the matter.
F.
If a planning commission decision is appealed, the following will be included in the file:
1.
The letter of appeal.
2.
All written comments submitted regarding the appeal.
3.
The staff report on the appeal.
4.
The planning commission decision.
5.
Any other information relevant to the matter.
G.
The official file is a public record. It is available for inspection in the city during regular business hours. Copies of documents may be requested by filing a request for information form, specifying which documents are requested and paying copy fees.
H.
The designee shall, within fourteen (14) days of issuing a letter of completeness on the proposal, prepare a notice of application containing all information specified in Section 18.16.180, notice of application.
I.
In addition to the information specified in Section 18.16.190, Notice of public hearing, the notice of public hearing shall include the following:
1.
Date, time, and place of the public hearing.
2.
A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally and the right to request a copy of the decision once made.
3.
A statement that only persons who submit written or oral comments regarding the proposal may appeal the decision.
J.
Provisions of SEPA (Division 4 of this title) apply to some of the decisions made using this process.
1.
The designee shall evaluate each application and, if applicable, comply with SEPA.
2.
Where a threshold determination under the SEPA is required, the responsible official shall issue a determination at least twenty-nine (29) days prior to the hearing before the planning commission to allow any appeal of the threshold determination to be consolidated with the hearing on the application for Process III approval.
K.
The designee shall prepare a staff report concerning the application being processed.
1.
The staff report shall contain:
a.
All pertinent application materials.
b.
All comments regarding the matter received by the city prior to distribution of the staff report.
c.
An analysis of the application under the relevant provisions of this code, the comprehensive plan and other applicable city policies and regulations.
d.
A statement of the facts found by the city designee and the conclusions drawn from those facts.
e.
A recommendation on the matter.
2.
The designee shall distribute the staff report at least seven calendar days before the hearing to:
a.
The planning commission.
b.
The applicant.
c.
Any person who has specifically requested a copy.
L.
Public Hearing.
1.
The planning commission shall hold a public hearing on each application.
2.
The hearings are open to the public.
3.
Several separate proposals may be scheduled for the same date and time for expediency.
M.
The planning commission shall make a complete electronic audio recording of each public hearing.
N.
The applicant has the responsibility of convincing the planning commission that, under the provision of this process, the applicant is entitled to the requested decision.
O.
Any person may participate in the public hearing by:
1.
Submitting written comments to the city prior to the hearing; or
2.
Providing written or oral comments directly to the planning commission at the hearing either in person or through a representative. However, the planning commission may limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.
P.
The planning commission may continue the hearing if for any reason they are unable to hear all of the public comments on the matter or if more information on the matter is needed. If, during the hearing, the planning commission announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of the subsequent hearing need be given.
Q.
After considering all of the information and comments submitted on the matter, the planning commission shall issue a written decision. Unless the applicant agrees to a longer period, the planning commission must issue the decision within fourteen (14) working days after the close of the public hearing using the criteria listed in the provisions of this chapter. In addition, the planning commission may approve the application only if it is consistent with:
1.
The comprehensive plan;
2.
All applicable provisions of this chapter and all other applicable laws;
3.
The public health, safety and welfare;
4.
The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and
5.
The proposed access to the subject property is at the optimal location and configuration for access.
R.
The planning commission shall include in the written decision any conditions and restrictions that the commission determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision. The planning commission shall include the following in the commission’s written decision:
1.
A statement granting, modifying and granting or denying the application.
2.
Any conditions and restrictions that are imposed.
3.
A statement of facts that supports the decision, including any conditions and restrictions that are imposed.
4.
A statement of the conclusions based on those facts.
5.
A statement of the criteria used by the commission in making the decision.
6.
The date of issuance of the decision and a summary of the rights established in this division to appeal any decision of the commission.
7.
A statement of any threshold determination made under Division 4 of this title, State Environmental Policy Act (SEPA).
8.
The designee shall mail a copy of the decision within five working days after the commission’s written decision to:
a.
The applicant.
b.
Each person who submitted written or oral testimony regarding the proposal.
c.
Any person who has specifically requested it.
S.
Decisions under this section shall become final subject to the following:
1.
An applicant or other party of record who may be aggrieved by the decision may appeal the decision within fourteen (14) days of the issuance of the decision by the city consistent with the provisions of subsection (T) of this section. If a written notice of appeal is received within the appeal period, the decision shall be referred to the city council and shall not become final until the appeal process is complete and the city issues a final decision. Upon issuance of a final decision, the applicant may engage in activity based on the decision, provided applicable permits have been approved.
2.
If no appeal is submitted within the fourteen (14) calendar day appeal period, the preliminary approval shall become final on the first calendar day following the expiration of the appeal period. Upon the decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved.
T.
Appeals.
1.
The decisions of the planning commission may be appealed by any person who is to receive a copy of that decision under subsection (R)(8) of this section or is a party of record as defined by Section 18.08.190.
2.
The appeal in the form of a letter must be delivered to the city within fourteen (14) calendar days after the issuance of the planning commission’s decision. The letter of appeal must contain:
a.
A statement identifying the decision being appealed;
b.
A statement of the alleged errors in the planning commission’s decision, including specific factual findings and conclusions of the planning commission disputed by the person filing the appeal; and
c.
The appellant’s name, address, telephone number and fax number (if any), and any other information to facilitate communication with the appellant.
3.
The appeal fee must be filed with the letter of appeal.
4.
Appeals of Process III planning commission decisions are heard by the city council as a closed record appeal.
U.
Notice of public meeting is required for all types of applications for which a public meeting is held. Notices of public meetings shall be reasonably calculated to give actual notice and shall contain the information as specified in Section 18.16.190, Notice of public hearing.
V.
Only those persons entitled to appeal the decision may participate in either or both of the following ways:
1.
By submitting written comments to the city prior to or at the hearing.
2.
By appearing in person, or through a representative, at the hearing and providing written or oral comments directly to the city council. The council may limit the extent of the oral comments to facilitate orderly and timely conduct of the hearing.
W.
Appeal Staff Report.
1.
The designee shall prepare an appeal packet containing the following:
a.
The staff report prepared for the public hearing before the planning commission.
b.
The written decision of the planning commission.
c.
All written comments submitted to the city and planning commission.
d.
A summary of the comments and information presented to the planning commission, a statement of the availability of the electronic sound recording of the hearing, or a written transcript of the commission’s proceedings.
e.
The letter of appeal.
f.
All written comments received by the city from persons entitled to participate in the appeal and within the scope of the appeal.
g.
An analysis of the alleged errors and the specific factual findings and conclusions disputed in the letter of appeal.
2.
At least seven calendar days before the hearing, the designee shall distribute the packet as follows:
a.
A copy to each city council member;
b.
The applicant;
c.
The person who filed the appeal; and
d.
Each person who received a copy of the commission’s decision.
X.
Closed Record Appeal.
1.
The city council shall hold a closed record appeal hearing, as defined in RCW 36.70B.020(1).
2.
The hearings of the city council are open to the public.
3.
The scope of the appeal is limited to the specific errors raised or factual findings disputed in the letter of appeal. The city council shall consider only the following:
a.
The information received from the designee pursuant to subsection (T) of this section;
b.
The record before the council, including exhibits and evidence admitted by the council;
c.
Appeal arguments by the appellant and the property owner; provided, that appeal argument shall address only the issues raised by the letter of appeal and evidence, if any, allowed under subsection (X)(3)(d) of this section; or
d.
New evidence that was not presented to, or considered by, the planning commission, but only if the city determines that the evidence relates to the validity of the planning commission’s decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the planning commission’s decision.
Y.
The city council shall make a complete electronic audio recording of each closed record appeal.
Z.
The person filing the appeal has the responsibility of convincing the city council by a preponderance of the evidence that the planning commission’s decision contains an error of law or that its findings of fact or conclusions are incorrect.
AA.
After considering the matter as provided in subsection (X)(3) of this section, the city council shall, by motion approved by a majority vote of members present, take one of the following actions:
1.
If city council determines that the disputed findings of fact and conclusions are the correct findings of fact and conclusions, the council shall affirm the decision.
2.
If city council determines that the disputed findings of fact and conclusions are not correct and that correct findings of fact and conclusions do not support the decision of the planning commission, the council shall modify or reverse the decision.
3.
Notice of Decision. Following the final decision of the city council, the designee shall prepare a notice of the city’s final decision on the application. To the extent the decision does not do so, the notice shall include a statement of any threshold determination made under Division 4 of this title, State Environmental Policy Act (SEPA).
The decision of city council is the final decision of the city.
BB.
The action of the city in granting or denying an application under this process may be reviewed pursuant to RCW 36.70C.040 in the Thurston County superior court. The land use petition must be filed within twenty-one (21) calendar days after the final decision of the city. The applicant must begin construction or submit to the city a complete building permit application for the development activity, use of land or other action approved under this process within one year after the final decision on the matter or the decision becomes void. The applicant must substantially complete construction for the development activity approved under this section and complete the applicable conditions listed in the decision within five years after the final decision of the city on the matter or the decision becomes void. If litigation is initiated pursuant to subsection (Z) of this section, the time limit of this section is automatically extended by the length of time between the commencement and final termination of that litigation. If the development activity approved under this section includes phased construction, the time limits of this section may be extended in the decision on the application.
CC.
Time Extension.
1.
Prior to the lapse of approval under subsection (BB) of this section, the applicant may submit a written application in the form of a letter with supporting documentation to the city requesting a onetime extension of those time limits of up to one year.
2.
The request must demonstrate that the applicant is making substantial progress on the development activity, use of land or other actions approved under this process and that circumstances beyond the applicant’s control prevent compliance with the time limits of subsection (BB) of this section.
3.
The applicant shall pay any established city fees with the letter of request, or the application will not be accepted as complete.
4.
An application for a time extension will be reviewed and decided upon by the designee.
5.
Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision. The appellant must file a letter of appeal indicating how the decision on the time extension affects the appellant’s property and present any relevant material or information to support the appellant’s contention. The appeal will be heard and decided upon using Process III. Any time limit, pursuant to Chapter 36.70B RCW, upon the city’s processing and decision upon applications under this chapter may, except as otherwise specifically stated in this chapter, be modified by a written agreement between the applicant and the designee.
DD.
The planning commission and city council may require a bond under Section 18.12.120, Security mechanisms, to ensure compliance with any aspect of a permit or approval.
EE.
Complete Compliance Required.
1.
Except as specified in subsection (EE)(2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this process in order to do everything authorized by that approval.
2.
If a specific use or site configuration for the subject property was approved under this process or any quasi-judicial process under a previous zoning ordinance, the applicant is not required to apply for and obtain approval through this section for a subsequent change in use or site configuration unless:
a.
There is a change in use and this chapter establishes different or more rigorous standards for the new use than for the existing use; or
b.
The designee determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 575 § 6, 2009)
§ 18.16.110 Process IV – Quasi-judicial.
A.
Process IV is quasi-judicial in nature in that it requires a public hearing before the planning commission. Based on the record of that hearing, the planning commission shall provide a recommendation to the city council for consideration in the application decision.
B.
Proposal Types (See Definition of “Action” in Section 18.08.040).
1.
Nonproject Actions. Nonproject actions involve decisions on policies, plans, or programs for:
a.
A rezone that is initiated by the city and the subject property is not owned by the city; or
b.
A proposed zoning change that only changes the intensity of use within the same general land use areas as specified by the future land use map and is not related to a specific project. The future land use map designates the general land use areas (i.e., residential and commercial) within the city and the official zoning map designates intensities of use (i.e., SF-1, SF-2, C-1, and C-2) within each of those general land use areas;
c.
A comprehensive plan text or map change is a Process V legislative review procedure.
2.
Project Actions. A project action is a decision on a specific project, such as a construction or management activity located in a defined geographic area, when:
a.
The proposal does not meet the requirements of subsection (B)(1) of this section; and
b.
The proposal is based on a specific project (i.e., preliminary plat, or an amendment, alteration or extension thereof, or project-related comprehensive plan map or text amendment, or rezone).
C.
Applications.
1.
Any person may apply for a decision regarding property they own, either personally or through an agent.
2.
The applicant shall file the following information with the city:
a.
A completed city application form with supporting affidavits;
b.
Two sets of stamped envelopes, and a list of the same, labeled with the name and addresses of all current owners of real property as shown in the records of the county assessor for the subject property within three hundred (300) feet of each boundary of the subject property;
c.
A copy of the county assessor’s map identifying the properties specified in subsection (C)(2)(b) of this section;
d.
A vicinity map showing the subject property with enough information to locate the property within the larger area;
e.
Any information or material that is specified in the provision of this chapter that describes the decision requested in the application;
f.
Any additional information or material that the designee determines is reasonably necessary for a decision on the matter;
g.
The established fee;
h.
Meet the requirements of Section 18.16.150, determination of completeness, and this section for a complete application.
D.
The State Environmental Policy Act applies to decisions using this process. The designee shall evaluate each application and, where applicable, comply with Division 4 of this title, State Environmental Policy Act (SEPA).
E.
Official File.
1.
The designee shall compile an official file on the application containing:
a.
All application materials submitted by the applicant.
b.
The staff report.
c.
All written comments received on the matter.
d.
The electronic recording of the public hearing on the matter.
e.
The planning commission recommendation.
f.
An electronic sound recording or minutes of the commission proceedings on the matter.
g.
Any other information relevant to the matter.
2.
The official file is a public record. It is available for inspection and copying in the city during regular business hours.
F.
The designee shall prepare a notice of each application containing all the information specified in Section 18.16.180, notice of application.
G.
Staff Report.
1.
The designee shall prepare a staff report containing the following information:
a.
All pertinent application materials.
b.
All comments regarding the matter received by the community development department prior to distribution of the staff report.
c.
An analysis of the application under the relevant provisions of this chapter and the comprehensive plan.
d.
A statement of the facts and the conclusions drawn from those facts.
e.
A recommendation on the matter.
2.
The staff report shall be distributed at least seven calendar days before the hearing to:
a.
The city council.
b.
The applicant.
c.
Each person who has specifically requested it.
H.
The planning commission shall hold an open record hearing on each application.
1.
The commission hearing is open to the public.
2.
The commission serves as the hearing body for the city on Process IV applications except as noted in Table 18.16-1, Application Processing Procedures, under Process IV Quasi-Judicial.
I.
The planning commission shall make a complete audio recording of each public hearing.
J.
The applicant has the responsibility of convincing the city that under the provisions of this section, the applicant is entitled to the requested decision.
K.
Any person may participate in the public hearing in either or both of the following ways:
1.
By submitting written comments to the city or by providing written or oral comments, either personally or through a representative, directly to the planning commission (or city council as appropriate) at the hearing.
2.
The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.
L.
The planning commission may continue the hearing if, for any reason, they are unable to hear all of the public comments on the matter or if the planning commission determines that they need more information on the matter. If, during the hearing, the planning commission announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.
M.
Recommendation by the Planning Commission.
1.
After considering all of the information and comments submitted on the matter, the planning commission shall issue a written recommendation.
2.
Unless a longer period is agreed to by the applicant, the planning commission must issue the recommendation within ten (10) working days after the close of the public hearing.
3.
The planning commission shall use the following criteria for quasi-judicial matters:
a.
The city may approve an application for a quasi-judicial nonproject action only if it finds that:
i.
The proposed nonproject action is in the best interest of the residents; and
ii.
The proposed nonproject action is appropriate because either:
(A)
Conditions in the immediate vicinity of the subject property have so significantly changed since the property was initially zoned that under those changed conditions a rezone is within the public interest; or
(B)
The nonproject action will correct a comprehensive plan item, a zone classification, or land use or zone boundary that was inappropriate when established;
iii.
It is consistent with the comprehensive plan;
iv.
It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; and
v.
It is consistent with the public health, safety, and welfare;
vi.
Note. Unless an emergency is declared, a comprehensive plan amendment is only once per year.
b.
The city may approve an application for a quasi-judicial project action related proposal only if:
i.
The criteria in subsection (M)(3)(a) of this section are met; and
ii.
The proposed project complies with this chapter in all respects; and
iii.
The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property; and
iv.
The site plan is designed to minimize impacts upon the public services and utilities.
c.
The planning commission shall include in the written recommendation any conditions and restrictions determined reasonable and necessary to eliminate or minimize any adverse effects of granting the requested rezone.
4.
The planning commission shall include the following statements in the written recommendation to the city council:
a.
Facts presented to the planning commission that support their recommendation, including any recommended conditions and restrictions.
b.
The commission’s conclusions based on those facts.
c.
The criteria used by the commission in making the recommendation.
d.
The date of issuance of the recommendation.
5.
The designee shall distribute the commission’s recommendation to:
a.
The applicant; and
b.
Each person who submitted written or oral testimony to the commission; and
c.
Each person who specifically requested it; and
d.
Each member of the city council. The city designee shall also prepare and provide a copy of a draft resolution or ordinance that embodies the planning commission’s recommendation to each council member.
N.
The city council shall consider the application at a scheduled meeting within ninety (90) calendar days of the date of issuance of the planning commission’s recommendation. This time period may be extended upon written agreement of the designee and the applicant. Calculation of this time period shall not include any time necessary for a reopening of the hearing before the planning commission under subsection (N)(1) of this section.
1.
The city council review of a nonproject or project action application shall be limited to the record of the hearing before the planning commission and the planning commission’s written report. These materials shall be reviewed for compliance with review criteria set forth in Section 18.24.010, Development code amendments. The city council may also receive and review new evidence or information not contained in the record of hearing before the planning commission only if the designee determines that the evidence or information:
a.
Relates to the validity of the planning commission’s decision at the time it was made; or
b.
The party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the planning commission’s decision.
2.
After consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions:
a.
Project-Related Action. The city council has the option to:
i.
Grant the application as proposed, or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance.
ii.
The city council shall give effect to a denial by adopting an ordinance pursuant to subsection (N)(5) of this section.
b.
Nonproject Action. The city council has the option to:
i.
Approve the application, or modify and approve the application. In either case, it shall give effect to this decision by adopting an ordinance amending the zoning map of the city.
ii.
The city council shall give effect to a denial by adopting a resolution pursuant to subsection (N)(5) of this section.
3.
The city council shall use the criteria listed in subsection (M)(3) of this section.
4.
The city council shall include in the ordinance or resolution granting the project or nonproject action any conditions and restrictions it determines are necessary to eliminate or minimize any undesirable effects of granting the action. Any conditions and restrictions that are imposed become part of the decision.
5.
The city council shall include in the ordinance or resolution:
a.
A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and
b.
The city council’s conclusions based on those facts.
6.
The city council decision on an application for either a nonproject/project-related action is the final decision of the city.
O.
Following the final decision by the city council, the designee shall prepare a notice of the city’s final decision on the application. After the city council’s final decision, the designee shall distribute a copy to:
1.
The applicant.
2.
Any person who submitted written or oral comments to the planning commission.
3.
Each person who has specifically requested it.
P.
Effect of City Council Approval of Project-Related Actions.
1.
Subject to all applicable codes and ordinances, the applicant may develop the subject property in conformity with the resolution of intent to action and the site plan approved as part of that resolution.
2.
If the applicant completes development of the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the action by adopting an ordinance that makes the zone boundary or classification change to the zoning map approved in the resolution of intent to rezone.
3.
The applicant may not engage in any activity based on the decision until the third working day after the notice of the final decision is distributed under subsection (O) of this section.
4.
If the city council approves a quasi-judicial nonproject rezone it will give effect to this decision by adopting an ordinance amending the zoning map of the city.
Q.
The action of the city in granting or denying an application under this process may be reviewed pursuant to RCW 36.70C.040 in Thurston County superior court. A land use petition shall be filed within twenty-one (21) calendar days of the issuance of the final land use decision of the city.
R.
Time Extension.
1.
Prior to the lapse of approval for a project-related rezone under subsection (Q) of this section, the applicant may submit a written application in the form of a letter with supporting documentation to the city requesting a one-time extension of those time limits of up to one year.
2.
The request must demonstrate that the applicant is making substantial progress on the development activity, use of land, or other actions approved under this process and that circumstances beyond the applicant’s control prevent compliance with the time limits of subsection (Q) of this section.
3.
The applicant shall include the required fee with the letter of request to be complete.
4.
An application for a time extension will be reviewed and decided upon by the designee.
5.
Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision. The appellant must file a letter of appeal indicating how the decision on the time extension affects the appellant’s property and presenting any relevant material or information supporting the appellant’s contention.
6.
The appeal will be heard and decided upon using Process III, described in Section 18.16.100(T), Process III—Planning commission decisions. Any time limit, pursuant to Chapter 36.70B RCW, upon the city’s processing and decision upon applications under this process may, except as otherwise specifically stated in this chapter, be modified by a written agreement between the applicant and the designee.
S.
The city may require a bond under Section 18.12.120, Security mechanisms, to ensure compliance with any aspect of the permit or approval.
T.
Complete Compliance Required.
1.
Except as specified in subsection (T)(2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this process in order to do everything authorized by that approval.
2.
If a specific use or site plan for the subject property was approved under this process, or any quasi-judicial process under a previous zoning code, the applicant is not required to apply for and obtain approval through this process for a subsequent change in a use or site plan unless:
a.
There is a change in use and this chapter establishes different or more rigorous standards for the new use than for the existing use; or
b.
The designee determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 575 § 7, 2009)
§ 18.16.120 Process V – Legislative review.
A.
This section describes the processes to review and amend the text of development regulations, amend area-wide land use or zoning map changes, annexations, or adoption of new or amended ordinances through this legislative review process.
B.
A proposal that will be reviewed using this process may be initiated by the city council or council committee, requested by the planning commission, city staff, or any interested person, including applicants, citizens, or agencies.
C.
The city shall maintain a docket of all requested changes under this section.
D.
The State Environmental Policy Act applies to some of the decisions using this process. The designee shall evaluate each proposal and, where applicable, comply with the provisions of Division 4 of this title, State Environmental Policy Act (SEPA).
E.
City Council Review.
1.
The city council shall review all requests docketed with the community development department concurrently at least on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all requests received prior to April 30th of the calendar year. Requests submitted after April 30th shall be considered during the following annual review.
2.
The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A.130(2)(a). The city council may also review city-initiated changes to the text of the municipal code or the zoning map from time to time at the council’s discretion.
3.
The city council may request that the community development department, or any other city department, provide any information or material on the proposal(s), consistent with subsection (Q) of this section.
F.
Sixty (60) days prior to April 30th in each calendar year the city shall notify all persons who submitted application forms on or after May 1st of the previous calendar year. Notice shall also be given as follows:
1.
Public notice notifying the public that the amendment process has begun shall be published in the city’s official newspaper.
2.
Notice shall be posted on the official city public notice boards.
3.
A copy of the notice shall be mailed to other local newspapers.
4.
All agencies, organizations, and adjacent jurisdictions with an interest, and all persons who in the judgment of the designee may be directly affected by changes to the comprehensive plan, shall be sent a copy of the notice. In determining who may be affected by comprehensive plan changes, the director may rely on written correspondence indicating an interest and received after April 30th of the previous year.
G.
Any person may apply for a site-specific comprehensive plan designation change with respect to property owned or request changes to the text of the comprehensive plan or any codified regulation.
1.
An applicant must complete a docket form prepared by the city. An applicant seeking a site-specific plan or zoning designation change shall also file the information specified in Section 18.16.110(C)(2), Process IV—Quasi-judicial, with the community development department.
2.
The designee shall have the authority to waive any of the requirements of this section if, in the city’s discretion, such information is not relevant or would not be useful to consideration of the proposed amendment.
3.
There is no fee for this initial application. After the prioritization process, applications considered during the amendment process shall submit the required fee.
H.
Criteria for Prioritizing Plan Amendment Requests.
1.
After April 30th, but prior to adopting any amendment requests, the planning commission shall hold a public hearing in consideration of all requests for docketed changes to the comprehensive plan.
2.
The planning commission shall consider the following criteria following a public hearing in selecting the comprehensive plan amendments to be considered during the upcoming cycle:
a.
Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest.
b.
Whether the proposed amendment is consistent with the overall vision of the comprehensive plan.
c.
Whether the proposed amendment meets existing state and local laws, including the Growth Management Act.
d.
In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group.
3.
If the request meets the criteria set forth in subsections (H)(2)(a) through (d) of this section, it shall be further evaluated according to the following criteria:
a.
Whether the proposed amendment can be incorporated into planned or active projects.
b.
Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing levels, etc.
c.
A large volume of requests may necessitate that some requests be reviewed in a subsequent year.
d.
Order of requests received.
4.
Based on its review of requests according to the criteria in subsections (H)(2) and (3) of this section, the commission shall determine which requests shall be further considered for review and consideration by the city council.
5.
The city council will make a final decision on all planning commission recommendations.
6.
The council’s decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration.
I.
All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city’s staff.
J.
Legislative Rezones.
1.
A legislative rezone is a rezone that meets the following criteria:
a.
It is initiated by the city; and
b.
It includes a large number of properties that would be similarly affected by the proposed rezone.
2.
All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using Process IV.
K.
The city may decide to approve a legislative rezone only if it finds that:
1.
The proposal is consistent with the comprehensive plan;
2.
The proposal bears a substantial relation to public health, safety, or welfare; and
3.
The proposal is in the best interest of the residents of the city.
L.
If the city approves a legislative rezone, it will give effect to this decision by making the necessary amendment to the zoning map of the city.
M.
The city may amend the text of this chapter or other development regulation only if it finds that:
1.
The proposed amendment is consistent with the applicable provisions of the comprehensive plan;
2.
The proposed amendment bears a substantial relation to public health, safety, or welfare; and
3.
The proposed amendment is in the best interest of the residents of the city.
N.
The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan:
1.
The effect upon the physical environment.
2.
The effect on open space, streams, and lakes.
3.
The compatibility with and impact on adjacent land uses and surrounding neighborhoods.
4.
The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools.
5.
The benefit to the neighborhood, city, and region.
6.
The quantity and location of land planned for the proposed land use type and density and the demand for such land.
7.
The current and projected population density in the area.
8.
The effect upon other aspects of the comprehensive plan.
9.
For site-specific comprehensive plan amendments, the provisions of Section 18.16.110(M), Process IV—Quasi-judicial, shall also apply.
O.
The city may amend the comprehensive plan only if it finds that:
1.
The proposed amendment bears a substantial relationship to public health, safety, or welfare; and
2.
The proposed amendment is in the best interest of the residents of the city; and
3.
The proposed amendment is consistent with the requirements of RCW 36.70A.130 and with the portion of the city’s adopted plan not affected by the amendment.
P.
Official File.
1.
The designee shall compile an official file containing all information and materials relevant to the proposal and to the city’s consideration of the proposal.
2.
The official file is a public record, which is available for inspection and copying in the department of community development during regular business hours.
Q.
Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the zoning map, zoning text, and the comprehensive plan are prioritized, as well as the public hearing held on individual requests.
1.
The designee shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information:
a.
The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision.
b.
A statement of how the proposal would change the affected provision.
c.
A statement of what areas, zones, or locations will be directly affected or changed by the proposal.
d.
The date, time, and place of the public hearing.
e.
A statement of the availability of the official file.
f.
A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally.
2.
The designee shall distribute this notice at least fourteen (14) calendar days before the public hearing following the procedures of Section 18.16.190, Notice of public hearing. In addition, the procedures of Section 18.16.150, determination of completeness, shall be followed for site-specific requests regarding notification of adjacent property owners and posting of the site.
R.
Staff Report.
1.
The designee shall prepare a staff report containing:
a.
An analysis of the proposal and a recommendation on the proposal; and
b.
Any other information the designee determines is necessary for consideration of the proposal, consistent with subsection (E) of this section.
2.
Prior to the hearing, the designee shall distribute the staff report to:
a.
Each member of the planning commission.
b.
Any person requesting it.
S.
The planning commission shall hold public hearings on each proposal, consistent with Section 18.16.110, Process IV—Quasi-judicial, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this process shall not be required.
1.
The planning commission hearings are open to the public.
2.
Except as provided in subsection (S)(1) of this section, the planning commission hearing is the hearing for the city council. The city council need not hold another hearing on the proposal.
T.
Material to Be Considered.
1.
Except as specified in subsections (T)(2) and (3) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this process.
2.
Except as specified in subsection (T)(3) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process.
3.
If a proposal that will be decided upon using this process is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under subsection (D) of this section, in deciding upon that proposal.
U.
The planning commission shall make a complete electronic audio recording of each public hearing.
V.
Any interested person may participate in the public hearing in either or both of the following ways:
1.
By submitting written comments to the planning commission either by delivering these comments to the city prior to the hearing or by giving them directly to the planning commission at the hearing.
2.
By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.
W.
The planning commission may for any reason continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.
X.
Recommendation.
1.
Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in subsections (F), (H) and (J) of this section, and take one of the following actions:
a.
May by a majority vote of the members present recommend that the city council adopt the proposal; or
b.
May by a majority vote of the members present recommend that city council not adopt the proposal; or
c.
That the planning commission makes no recommendation based on the proposal and submitted to the city council with that notation.
2.
The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for consideration.
Y.
Report to City Council. The designee shall:
1.
Prepare a planning commission report on the proposal containing a copy of the proposal along with any explanatory information, and the planning commission recommendation, if any, on the proposal.
2.
Transmit the planning commission report to the city council for consideration.
3.
Promptly send a copy of the planning commission report to any person requesting it.
Z.
City Council Action.
1.
Within sixty (60) days of receipt of the planning commission report by the designee, the city council shall consider the proposal along with a draft ordinance appropriate to enact or adopt the proposal.
2.
In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal.
3.
After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership:
a.
Approve the proposal by adopting an appropriate ordinance;
b.
Modify and approve the proposal by adopting an appropriate ordinance;
c.
Disapprove the proposal by resolution; or
d.
Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal.
AA.
At least sixty (60) days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the State Department of Community Trade and Economic Development (CTED) and other interested affected local and state agencies, the county and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate the sixty (60) day comment period. All other parties previously noticed shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than ten (10) days after adoption of comprehensive plan or development regulation amendments, a copy shall be forwarded to CTED and others who submitted written or oral comments.
BB.
The actions of the city in granting, modifying or denying an amendment to this chapter, the comprehensive plan or any other development regulation may be reviewed by the Western Washington Growth Management Hearings Board pursuant to RCW 36.70A.280.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.130 Preapplication conference.
The purpose of the preapplication conference is to acquaint the applicant with the substantive and procedural requirements of the Rainier Municipal Code and applicable elements of the comprehensive plan, arrange such technical and design assistance to aid the applicant, and otherwise identify policies and regulations associated with the proposed development. Preapplication conferences are encouraged for all Process II applications that require environmental review and for all Process III and IV applications.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.140 Project permit applications.
A.
Applications for all project permits shall be submitted upon forms provided by the city and shall, at a minimum, consist of the materials specified in this section, plus any other materials required on the application form or by any required municipal code. Minimum required materials are as follows:
1.
A completed development permit application form.
2.
An explanation of intent, stating the nature of the proposed development, reasons for the permit request, pertinent background information, information required on the application form, technical reports, studies and data required to address conditions on the site or criteria of the permit or approval requested, and other information that may have a bearing in determining the action to be taken.
3.
Proof that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has the consent of all partners in ownership of the affected property.
4.
Legal description of the property affected by the application.
5.
Additional information required by other sections of this division because of the type of development proposal or the area involved.
6.
Payment of the established fee for such application.
B.
Application materials shall be submitted to the designee who shall have the date of submission indicated on each copy of the materials submitted.
C.
Following a determination that an application is complete, the city shall begin project review.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.150 Determination of completeness (RCW 36.70B.070).
A.
For the purposes of this division, a complete application is one that contains all required information, supporting documentation, and signatures, and which is accompanied by payment of any and all fees as required by the city.
1.
Time Limitations.
a.
Calculation of time periods for issuance of notice of final decision. In determining the number of calendar days that have elapsed after the city has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of decision, the following periods shall be excluded:
i.
Any period during which the applicant has been requested by the city to correct plans, perform required studies, provide additional required information, or otherwise requires the applicant to act. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the request for information or fourteen (14) calendar days after the date the information has been provided to the city;
ii.
If the city determines that the information submitted by the applicant under this section is insufficient or incorrect;
iii.
Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the city and the applicant in writing agree to a time period for completion of an environmental impact statement;
iv.
Any period for administrative appeals of project permit applications, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed:
(A)
Ninety (90) calendar days for an open record appeal hearing; or
(B)
Sixty (60) calendar days for a closed record appeal; unless the parties agree to extend these time periods; and
2.
Any extension of time mutually agreed upon by the applicant and the local government.
3.
The time limits established in this section do not apply if a project permit application:
a.
Requires an amendment to the comprehensive plan or a development regulation;
b.
Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or
c.
Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete pursuant to this section.
4.
If the city is unable to issue a final decision within the time limits provided in this chapter, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of a final decision. The city is not liable for damages due to the city’s failure to make a final decision within the time limits established in this chapter.
B.
Within twenty-eight (28) calendar days after receiving a project permit application for review for completeness, the city shall mail or personally provide a written determination of completeness to the applicant which to the extent known by the city identifies other agencies with jurisdiction over the project permit application and states either that the application is complete; or that the application is incomplete and what is necessary to make the application complete. If the city does not provide a written determination to the applicant that the application is incomplete, the application shall be deemed complete. The time period guidelines for review of project permit applications begin following the determination of a complete application. The city’s determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new or additional information is required or where there are substantial changes in the proposal.
C.
Prior to a determination of a complete application, if the applicant receives a written determination from the city that an application is not complete, the applicant shall have up to ninety (90) calendar days to submit the necessary information to the city. Within fourteen (14) calendar days after an applicant has submitted the requested additional information, the city shall make the determination as described in subsection (B) of this section and notify the applicant in the same manner. If the applicant either refuses, in writing, to submit additional information, or does not submit the required information within the ninety (90) calendar day period, the application shall lapse because of a lack of information necessary to complete the review.
D.
An application shall be considered complete when it contains the following:
1.
The correct number of completed application forms signed by the applicant which contain a detailed description of the proposed land use, proposed impervious surface, and description of all existing and proposed improvements and easements;
2.
The correct number of documents, plans, or maps identified in the applicable application, as appropriate for the proposed project;
3.
A completed environmental checklist, if required;
4.
For preliminary plats, see Chapter 18.148, Articles I and II;
5.
All studies and materials demonstrating compliance with the applicable municipal code;
6.
Water availability letter (this requirement is for preliminary plats and short plats only);
7.
Payment of all applicable fees pursuant to the established fee schedule. In the event of insufficient funds on a draft, the application shall be deemed null and void;
8.
Proposed applications shall be consistent with the comprehensive plan and applicable development regulations.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.160 Incorrect applications.
A.
Following a determination of a complete application and the commencement of project review, the city may make a determination in writing that some information is incorrect and require that corrected information be submitted. The applicant shall have up to ninety (90) calendar days to submit corrected information. The city shall have fourteen (14) calendar days to review the submittal of corrected information.
B.
If the corrected information is still not found to be sufficient, the city shall notify the applicant in writing that the submitted information is incorrect, and the time period set forth in subsection (A) of this section shall be repeated. This process may continue until complete or corrected information is obtained.
C.
If the requested corrected information is sufficient, the city shall continue with project review, in accordance with the time calculation exclusions set forth in Section 18.16.150, determination of completeness. If the applicant either refuses in writing to submit corrected information or does not submit the corrected information within the ninety (90) calendar day period, the application shall lapse.
D.
Appeal of an administrative determination of an incomplete or incorrect application shall be made pursuant to Section 18.16.090(L), Process II—Administrative action.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.170 Referral of applications.
Within ten (10) calendar days of determining a complete application, the designee shall transmit a copy of the application, or appropriate parts of the application, to each appropriate agency and city department for review and comment, including those responsible for determining compliance with state, federal and county requirements. The noticed agencies and city departments shall have fifteen (15) calendar days to comment. The noticed agency or city department is presumed to have no comments if comments are not received within the specified time period. The designee may grant an extension of time if the application involves unusual circumstances.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.180 Notice of application (RCW 36.70B.060).
A.
A notice of application shall be issued within fourteen (14) calendar days after the city has made a determination of completeness pursuant to Section 18.16.150, determination of completeness, for all applications that require SEPA review, and all short plats, and all Process III and IV applications; provided, that the notice of application shall be provided at least fifteen (15) calendar days prior to any required open record hearing. One notice of application shall be completed for all applications related to the same project at the time of the earliest complete permit application.
B.
SEPA Notice of Application. A notice of application shall not be required for project permits that are categorically exempt under SEPA, WAC 197-11-800, Categorical Exemptions, unless a public comment period or an open record hearing is required prior to the decision on the project.
C.
The notice of application shall include:
1.
The case file number(s), the date of application, the date of the determination of completeness for the application and the date of the notice of application;
2.
A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested by the review authority pursuant to RCW 36.70B.070;
3.
The identification of other required permits which are not included in the application, to the extent known by the city;
4.
The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;
5.
A statement regarding critical areas communicating whether or not critical areas have been determined to be present and, if so, how they will be protected;
6.
A statement of the limits of the public comment period, which shall be not less than fourteen (14) nor more than thirty (30) calendar days following the date of notice of application, and statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
7.
The tentative date, time, place and type of hearing. A tentative hearing date may be set at the time of application;
8.
A statement of those development regulations that will be used for project mitigation and of consistency as provided in Section 18.12.050, Consistency with comprehensive plan, development regulations, and State Environmental Policy Act;
9.
The name of the applicant or applicant’s representative and the name, address and telephone number of a contact person for the applicant, if any;
10.
A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location; and
11.
Any other information determined appropriate by the city, such as the environmental determination, if complete at the time of issuance of the notice of application or the city’s statement of intent to issue a DNS pursuant to the optional DNS process set forth in WAC 197-11-355.
D.
The city shall mail a copy of the notice of application to:
1.
The applicant.
2.
Agencies with jurisdiction.
3.
Property owners within three hundred (300) feet of the proposal, or at least two parcels deep.
4.
Any person who requests such notice in writing.
5.
Parties of record.
E.
All public comments on the notice of application must be received by the city or postmarked by five p.m. on the last day of the comment period. Comments should be as specific as possible and may be mailed, personally delivered, sent by facsimile, or emailed to the city.
F.
In addition to the mailed notice of application, the city will provide notice of application at Rainier City Hall and posted on the subject property. The available records of the Thurston County assessor’s office shall be used for determining the property taxpayer of record and used for mailing notices. All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to provide public notice as described in this chapter or irregularity in said notice shall not be grounds for invalidation of any permit decision. In addition to persons to receive notice as required by the matter under consideration, the city shall provide notice to others that may be affected or otherwise represent an interest in, or affected by, the proposed development.
G.
The applicant shall be responsible for posting a notice board on the property. Public notice shall be accomplished through the use of an approved city poster boards as follows:
1.
Posting. Posting of the property for site-specific proposals shall consist of one or more notice boards as follows:
a.
A single notice board shall be placed by the applicant in a conspicuous location on a street frontage bordering the subject property.
b.
Minimum board size is eighteen (18) by twenty-four (24) inches with black lettering on yellow board affixed to a solid post mounted in the ground.
c.
Each notice board shall be visible and accessible for inspection by members of the public.
d.
Additional notice boards may be required when:
i.
The site does not abut a public road; or
ii.
Additional notice boards are required under other Rainier Municipal Code provisions; or
iii.
The city determines that additional notice boards are necessary to provide adequate public notice.
e.
Notice boards should be:
i.
Installed in accordance with specifications determined by the city and placed securely in the ground;
ii.
Maintained in good condition by the applicant during the notice period;
iii.
In place at least fifteen (15) calendar days prior to the end of any required comment period;
iv.
Removed by the applicant within ten (10) calendar days after the end of the notice period or final hearing date; and
v.
When a proposal is within an existing subdivision, planned development district or planned unit development, an additional sign shall be posted at each major roadway entrance to the development.
f.
Notice boards that are removed, stolen, or destroyed prior to the end of the notice period may be cause for discontinuance of the departmental review until the notice board is replaced and remains in place for the specified time period. The city shall notify the applicant when it comes to their attention that notice boards have been removed prematurely, stolen, or destroyed.
g.
The applicant shall submit an affidavit of posting after installation of the notice board and at least seven calendar days prior to the hearing. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application may be postponed in order to allow compliance with this notice requirement.
h.
SEPA information shall be supplied by the city and added by the applicant to the posted sign within applicable deadlines.
H.
Publication of the notice of application in Rainier’s adopted official newspaper is required for applications that require SEPA review, all short plats, and all Process III, IV and V applications, except subdivision finals, extensions and appeals. Published notice shall include at least the following information:
1.
Project number, location and description;
2.
Type of permit(s) required;
3.
Comment period dates; and
4.
The location where the complete application may be reviewed.
I.
The applicant is responsible for payment of any required notifications published in the official newspaper.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.16.190 Notice of public hearing.
A.
Notice of public hearing is required for all types of applications for which a public hearing is held. Notice of public hearing shall be reasonably calculated to give actual notice and shall contain the following information:
1.
The name of the applicant or agent;
2.
Description of the affected property, which may be in the form of either a vicinity location sketch or written description, other than a legal description;
3.
The date, time, and place of the hearing;
4.
The nature of the proposed use or development;
5.
A statement that all interested persons may appear and provide testimony;
6.
When and where information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;
7.
The name of a city representative to contact and the telephone number where additional information may be obtained;
8.
That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the cost of reproduction; and
9.
That a copy of the staff report will be available for inspection at no cost at least five calendar days prior to the hearing and copies will be provided at the cost of reproduction.
B.
Mailed notice of the public hearing shall be provided by the city as follows:
1.
All owners of real property as shown by the records of the county assessor’s office within three hundred (300) feet of the subject property or at least two parcels deep (subdivision and platting exception: If a subdivision or short plat applicant owns adjacent property of the proposed subdivision, notice shall be given to property located within three hundred (300) feet, but not less than two parcels deep, around the perimeter of any portion of the boundaries of the adjacent parcels owned by the applicant of the proposed subdivision);
2.
Any person who submits written comments on an application; and
3.
For Process V legislative actions, the city shall publish notice as described in this section and use all other methods of notice as required by RCW 35A.12.160.
C.
Procedure for Posted and/or Published Notice of Public Hearing.
1.
Posted notice of the public hearing is required for all Process III and IV permit actions. The posted notice of hearing shall be added to the sign already posted on the property pursuant to Section 18.16.180, notice of application.
2.
Published notice of the public hearing is required for all Process III and IV procedures. The published notice shall be published at least once in a newspaper of general circulation within the city and contain the following information:
a.
Project location;
b.
Project description and nature of issues to be discussed at the hearing;
c.
Type of permit(s) required;
d.
Comment period dates and how written comments addressing findings required for a decision by the hearing body may be submitted; and
e.
The location where the complete application may be reviewed.
D.
Notice shall be mailed, posted and first published not less than fifteen (15) days, but not more than thirty (30) days prior to the hearing that requires the notice. The applicant shall remove any posted notice within ten (10) days following the conclusion of public hearing(s).
E.
Open record hearings shall be conducted in accordance with this section. The designee shall be responsible for the hearing and shall:
1.
Schedule an application for review and public hearing;
2.
Give notice; however, applicant is responsible for some of the notice requirements;
3.
Prepare a staff report stating all decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall also include a final environmental impact statement, if necessary, or the SEPA determination by the responsible official and state any mitigation required or proposed under the regulatory authority of the city. In the case of a Process I or II project permit application, this report may be considered the permit approval; and
4.
Prepare the notice of decision, if required by the hearing body, and/or mail a copy of the notice of decision to those required by this division to receive such decision.
5.
The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended.
6.
Ex Parte Communications.
a.
No member of the hearing body may communicate, directly or indirectly, regarding any issue in a quasi-judicial proceeding before them, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless they provide notice and opportunity for all parties to participate; except as provided in this section:
i.
The hearing body may receive advice from legal counsel; or
ii.
The hearing body may communicate with staff members, except where the proceeding relates to a code enforcement investigation or prosecution.
b.
If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in subsection (E)(3)(c) of this section.
c.
If the hearing body receives an ex parte communication in violation of this section, they shall place on the record:
i.
All written communications received;
ii.
All written responses to the communications;
iii.
The substance of all oral communications received and all responses made; and
iv.
The identity of each person from whom the hearing body received any ex parte communication.
d.
The hearing body shall advise all parties that these matters have been placed on the record.
e.
Upon request made within ten (10) calendar days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.
7.
Disqualification.
a.
Any member who is disqualified may be counted only by making full disclosure to the audience, abstaining from voting on the disqualification, vacating the seat on the hearing body and physically leaving the hearing.
b.
If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be requalified and shall proceed to resolve the issues.
c.
Except for Process IV actions, a member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received.
8.
The burden of proof is on the proponent, pursuant to Section 18.12.090, Burden of proof. The project permit application must be supported by proof that it conforms to the applicable elements of the city’s development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.
9.
The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate:
a.
Before receiving information on the issue, the following shall be determined:
i.
Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate; and
ii.
Any abstentions or disqualification shall be determined.
b.
The presiding officer may take official notice of known information related to the issue, such as:
i.
A provision of any ordinance, resolution, rule, officially adopted development standard or state law; and
ii.
Other public records and facts judicially noticeable by law.
c.
Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record; however, the hearing body may take notice of matters listed in subsections (E)(6)(a) and (b) of this section if stated for the record. Any matter given official notice may be rebutted.
d.
The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner, and circumstances of such view on the record.
e.
Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.
f.
When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided.
10.
The hearing body shall issue a recommendation or decision, as applicable, within fourteen (14) calendar days of the record being closed.
11.
A party of record may ask for a reconsideration of a decision by the city council for a Process III or IV action, or a recommendation of the planning commission. Reconsideration is not authorized for Process I and II applications. A reconsideration may be requested if either:
a.
A specific error of fact or law can be identified; or
b.
New evidence is available which was not available at the time of the hearing.
c.
A request for reconsideration shall be filed by a party of record within seven working days of the date of the initial decision/recommendation. Any reconsideration request shall cite specific references to the findings and/or criteria contained in the ordinances governing the type of application being reviewed. A request for reconsideration temporarily suspends the appeal deadline. The city council shall promptly review the reconsideration request and within ten (10) working days issue a written response, either approving or denying the request. If the reconsideration is denied, the appeal deadline of the council’s decision shall recommence for the remaining number of days. If a request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued.
F.
The designee may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as:
1.
The other agency consents to the hearing;
2.
The other agency is not expressly prohibited by statute from doing so;
3.
Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;
4.
The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and
5.
The hearing is held within the Rainier city limits.
An applicant may request that the public hearing on a permit application be combined as long as the hearing can be held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings.
G.
Following a decision of a project permit by the applicable decision-making body, the city shall provide a notice of decision that also includes a statement of any threshold determination made under Division 4 of this title, State Environmental Policy Act (SEPA), (Chapter 43.21C RCW) and the procedures for appeal.
1.
The notice of decision shall be issued within one hundred and twenty (120) calendar days after the city notifies the applicant that the application is complete. The time frames set forth in this section shall apply to project permit applications filed on or after the effective date of the ordinance codified in this division.
2.
The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.
3.
Notice of the decision shall be provided to the public as set forth in this section. The city shall provide notice of the decision to the county assessor’s office if affected property owners request a change in valuation for property tax purposes.
4.
If the city is unable to issue its final decision on a project permit application within the time limits provided for in this chapter, it shall provide written notice of this fact to the parties of record. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision.
H.
Closed Record Hearings and Administrative Appeals.
1.
This section allows for administrative appeals as provided in the framework in Section 18.16.090, Process II—Administrative action. Administrative appeals are heard by the city council.
2.
Consolidated Appeals.
a.
All appeals of project permit application decisions, other than an appeal of determination of significance (DS), shall be considered together in a consolidated appeal.
b.
Appeals of environmental determinations under Division 4 of this title, State Environmental Policy Act (SEPA), including administrative appeal of a threshold determination shall proceed as provided in that chapter.
3.
Only parties of record may initiate an administrative appeal on a project permit application.
4.
An appeal must be filed as specified in Section 18.16.090(L), Process II—Administrative action.
5.
Appeals shall be in writing, be accompanied by the adopted appeal fee, and contain all the information as specified in Section 18.16.090(L), Process II—Administrative action.
6.
The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the city council, as applicable, or is withdrawn.
7.
Public notice of the appeal shall be given as provided in this section.
8.
The closed record decision/appeal hearing shall be on the record before the hearing body and no new evidence may be presented. The provisions of subsections (E)(2) through (6) and (G) of this section shall apply to a closed record decision/appeal hearing.
I.
Judicial Appeals.
1.
The city’s final decision or appeal decision on a Process I, II, III, IV, or V application may be appealed by a party of record with standing to file a land use petition in Thurston County superior court.
2.
A land use petition must be filed within twenty-one (21) calendar days of issuance of the notice of decision or appeal decision.
3.
A land use petition shall be filed according to the procedural standards outlined in Chapter 36.70C RCW, Judicial Review of Land Use Decisions, also known as the Land Use Petition Act (LUPA).
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.20.010 Purpose.
The purpose of this section is to establish the procedures and decision criteria for a variety of permits that involve discretion or a recommendation or decision made by the designee, planning commission, or other hearing body as appropriate. An interpretation of the provisions of this chapter clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of this chapter. An interpretation of the provisions of this chapter may not be used to amend this chapter.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.20.020 Administrative interpretations.
A.
The purpose of an administrative interpretation is to provide a degree of flexibility in the administration of this division while following the intent of the city council. Administrative interpretations are subject to applicable requirements of Process I applications pursuant to Section 18.16.080, Process I—Administrative approval. A decision by the designee as to the meaning, application or intent of any development regulation in this chapter is known as an interpretation. An interpretation may be requested in writing by any person or may be initiated by the designee. This section establishes the procedure and criteria that the city will use in deciding, upon a written request, to interpret the provisions of this chapter and in issuing any other written interpretation of this chapter. The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of this chapter. Any appeals of an interpretation by the designee under this section may be appealed to the city council as provided for in this division.
B.
The designee shall make all interpretations of this division. Official interpretations shall be written and maintained in an orderly, retrievable record. Such administrative interpretations shall include determinations of uses permitted in the various districts, and approval or disapproval of development plans and zoning decisions. Other interpretations may be made as specific circumstances arise which require such interpretations.
C.
Interpretations of Text.
1.
The more restrictive provision shall govern where the conditions imposed by one provision of this division are less restrictive than comparable conditions imposed by any other provisions of this division.
2.
The most restrictive shall apply whenever the requirements of this division differ from the requirements of any other laws, ordinances, regulations, covenants or codes.
3.
Except where specifically noted, examples of uses listed in this division are intended to typify but not be an inclusive list or limit allowable uses and shall be used to identify appropriate zones and regulatory levels for a given use based on substantial similarity, in terms of activities, intensity, size, and performance, to a listed use.
D.
Land uses that are listed as primary uses in each zoning district shall be permitted subject to the review processes, standards, and regulations specified in Division 2 of this title. If a use is not listed as a use in a zoning district, it shall be considered to be a prohibited use. However, it is inevitable that certain valid, justifiable uses of land will be missing from the listings of uses permitted in various zoning districts; therefore, the city designee is authorized to make an administrative interpretation pursuant to subsection (D)(1) of this section.
1.
If a proposed use is not specifically listed, an applicant may request an interpretation from the designee as to whether or not such use is a permitted use. In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s), the designee shall examine the characteristics of the development and use and shall make a determination as to what zone(s) the development and use may be allowed as a primary permitted use, permitted with an administrative use permit, or a conditional use permit based on the following criteria:
a.
The requested use is substantially similar to the listed uses permitted in the district in which the request is being sought, as opposed to its similarity to the listed uses permitted in other districts based on the following criteria:
i.
The activities involved in or equipment or materials employed in the use;
ii.
The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, impacts on public services and facilities, and aesthetic appearance; and
iii.
The use has a high degree of potential to be consistent, compatible, and homogenous with listed uses.
b.
The use is consistent with the stated purpose of the applicable district or districts.
c.
The use is compatible with the applicable goals and policies of the comprehensive plan.
2.
Unlisted developments and uses for which the designee has made an administrative interpretation as to appropriate zone and type similarity shall be considered to constitute an official interpretation and shall subsequently be applied and used for future administration in reviewing other proposals. The designee shall report such decisions to the planning commission when it appears necessary to amend this code.
3.
The designee’s determination is classified as a Process I application and shall be processed and subject to the applicable requirements of Section 18.16.080, Process I—Administrative approval, and may be appealed as provided in Section 18.16.090, Process II—Administrative action.
E.
Where uncertainty exists as to any of the zone boundaries as shown on the zoning map, the following rules shall apply:
1.
A boundary shown on the zoning map as approximately following a lot line or parcel boundary shall be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established. If, subsequent to the establishment of the zoning boundary, a lot line should be moved as a result of a legally performed boundary line adjustment, the zoning boundary shall be construed as moving with the lot line only if the lot line is moved no more than ten (10) feet and remains generally parallel to the original line.
2.
A boundary shown on the zoning map as approximately following a creek, lake, or other watercourse shall be construed as following the actual centerline of the watercourse. If, subsequent to establishment of the boundary, the centerline of the watercourse should move as a result of natural processes, the boundary shall be construed as moving with the centerline of the watercourse.
3.
A boundary shown on the zoning map as approximately following a ridgeline or topographic contour line shall be construed as following the actual ridge or contour line. If, subsequent to the establishment of the boundary, the ridge or contour line should move as a result of natural processes, the boundary shall be construed as moving with the ridge or contour line.
4.
A boundary shown on the zoning map as approximately following a street or railroad line shall be construed as following the centerline of the street or railroad right-of-way. If, subsequent to the establishment of the boundary, the centerline of the street or railroad right-of-way should be moved as a result of its widening or minor realignment (such as at an intersection), the boundary shall be construed as moving with the centerline only if the centerline is moved no more than twenty (20) feet.
5.
Whenever any street or other public right-ofway is vacated in the manner prescribed by law, the zoning district adjoining each side of said street or other public right-of-way shall be automatically extended to the centerline of the former street or other public right-of-way, and all of the area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
6.
Whenever a single lot one acre or less in size is located within two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot.
7.
Whenever a single lot greater than one acre in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.
8.
If the specific location of a zoning boundary line cannot be determined from application of the above rules to the zoning map, it shall be determined by the use of the scale designated on the zoning map.
9.
Where questions still arise concerning the exact location of a district boundary, the designee shall interpret the zone boundaries.
F.
The definition of any word or phrase not listed in this division which is in question when administering this division shall be defined from one of the following sources that are incorporated herein and adopted by reference. Said sources shall be utilized to find the desired definition in the order listed as follows: the city of Rainier development regulations, the city of Rainier comprehensive plan, any other portion of the Rainier Municipal Code or other city resolutions, ordinances, or regulations; any statute or regulation of the state of Washington (i.e., the most applicable); legal definitions from applicable case law; legal definitions from the most recent edition of Black’s Law Dictionary, Moskowitz and Lindbloom, 1993, The New Illustrated Book of Development Definitions, Webster’s, or other common dictionary.
G.
Applications.
1.
Any person, personally or through an agent, may make application for an interpretation.
2.
The applicant shall file a completed master land use application along with a written description, which at a minimum clearly states:
a.
The interpretation requested;
b.
The applicable Rainier Municipal Code section(s) which the applicant requests the designee to interpret; and
c.
Relevant information and arguments that support the requested interpretation.
3.
With the application, the applicant shall submit the fee established by the city. The application shall not be accepted unless the required fee accompanies it.
4.
The designee may modify the submittal requirements as deemed appropriate.
5.
An application for an interpretation shall be routed to the community development department. The designee may route an application for interpretation to other staff members or departments for review and comment.
H.
The designee may act on initiative, or in response to a written inquiry in the format outlined in subsection (G) of this section, to issue interpretations of any of the provisions of this chapter.
1.
A code interpretation requested by a person other than the project proponent or property owner must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates. Any code interpretation requested after the applicable administrative appeal period shall not affect any issued permit or prior decision.
2.
The designee shall base an interpretation on:
a.
The defined or the common meaning, as applicable, of the words in the provision;
b.
The general purpose of the provision as expressed in the provision; and
c.
The logical or likely meaning of the provision viewed in relation to the comprehensive plan, this chapter, the Rainier Municipal Code as a whole, or other plans and studies prepared or adopted by the city.
3.
The designee shall mail a written response to any person filing a written request to interpret the provisions of this chapter within twenty-eight (28) days of having received that request.
4.
An interpretation of this chapter will be enforced as if it is part of this chapter.
5.
The designee shall maintain an interpretation file that contains all interpretations of this chapter that are in effect. The interpretation file shall be available for public inspection to copy at the city during regular business hours.
6.
An interpretation of the provisions of this chapter remains in effect until rescinded in writing by the designee or until the subject text of this chapter has been amended consistent with this section.
7.
Interpretations issued by the designee that are related to a land use or subdivision application shall be incorporated into the decision and be subject to applicable notice provisions for the decision. Interpretations issued by the designee that are not related to a land use or subdivision application shall be subject to the notice provisions under this section.
a.
The designee shall prepare a notice of each interpretation that is not related to a land use or subdivision application, containing the following information:
i.
The citation, if any, of the provision(s) of the Rainier City Code that is the subject of the interpretation along with a brief description of the subject provision(s).
ii.
A summary statement of the interpretation of the affected provision.
iii.
The date of the interpretation.
iv.
A statement of the availability of the official file.
v.
A summary of the rights, as established in this article, of any person to submit an appeal of the interpretation.
vi.
The deadline for filing appeals of the interpretation.
b.
Upon issuance of the interpretation, the designee shall distribute this notice of the interpretation as follows:
i.
Published in the official newspaper of the city.
ii.
Posted on each of the official notification board of the city and public library located in the city.
8.
Any person who is aggrieved by an interpretation issued by the designee may appeal that interpretation within fourteen (14) days of the date of interpretation.
a.
The appellant must file a letter of appeal indicating how the interpretation affects his or her property and presenting any relevant arguments or information on the correctness of the interpretation. The applicant shall include appeals fees as established by the city. The appeal will be considered incomplete unless it is accompanied by the required fee.
b.
An appeal of an interpretation of this chapter will be reviewed and decided upon using the process for appeals outlined in Section 18.16.100, Process III—Planning commission decisions.
c.
If the interpretation of the designee is modified, the designee shall:
i.
Place the modifying decision in the interpretation file; and
ii.
Change or remove, as appropriate, the interpretation that was modified.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 575 § 8, 2009)
§ 18.20.030 Administrative use permit.
A.
The purpose of this section is to establish an administrative review process and decision criteria to evaluate proposed land uses that, due to unique qualities or circumstances, may require some additional regulation or control. The administrative use permit (AUP) process is intended to ensure that the proposed activity, if established, will be in full compliance with applicable regulations, that the unique qualities of the use are addressed and mitigated, and that such use is compatible with the comprehensive plan and adjacent uses.
B.
Existing Uses.
1.
Any use existing at the time of adoption of the ordinance codified in this division that is within the scope of uses requiring an administrative use permit in the zoning district in which the property is situated shall be deemed a conforming use without necessity of obtaining an AUP.
2.
Any expansion of an existing administrative use shall be required to apply for a new AUP if the designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3.
Any use operating under the provisions of an existing AUP at the time of adoption of the ordinance codified in this division that is within the scope of uses requiring an AUP in the zoning district in which the property is situated shall be deemed a conforming use without necessity of a new AUP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
4.
Any use operating under the provisions of an existing AUP at the time of adoption of the ordinance codified in this division which is within the scope of primary permitted uses in the applicable zoning district shall be deemed a conforming use.
C.
An AUP is a Process II application type and subject to all the procedural requirements applicable to this application type.
1.
An applicant proposing to develop an administrative use shall provide facts and evidence to enable the designee to make a determination. The application shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form. The established fee shall be submitted at time of application.
2.
Administrative use permit applications shall be filed with the city, and circulated for review and comment by city staff.
D.
The designee shall approve an AUP only if all of the following findings can be made regarding the proposal and are supported by the record:
1.
The approval of the proposed AUP will not be detrimental to the public health, safety, and general welfare; nor will it be injurious to, or adversely affect, the uses, property, or improvements adjacent to and in the vicinity of the site upon which the proposed use is proposed to be located;
2.
The approval of the proposed AUP is consistent and compatible with the intent of goals, objectives and policies of the comprehensive plan and any other city ordinances;
3.
The proposed use and the project design comply with the zoning district and all applicable development regulations;
4.
All conditions necessary to mitigate the impacts of the proposed use have been included in the project design or approval, and are capable of being monitored and enforced;
5.
All requirements for a specific use have been addressed by the applicant.
E.
When granting an administrative use permit, the designee may attach specific conditions to the permit that will serve to accomplish the standards, and/or meet the criteria, and policies established in the comprehensive plan and this division. The designee may deny an application for an AUP if the establishment of the use would be incompatible with the surrounding area or incapable of complying with specific standards set forth in this code, or if any of the above-required findings are not supported by evidence in the record as determined by the designee.
1.
In addition to demonstrating compliance with the criteria as determined by subsection (D) of this section, the applicant shall accept those conditions that the city designee finds are appropriate to obtain compliance with the criteria as listed below;
2.
In permitting an administrative use, the designee may impose any of the following conditions:
a.
Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
b.
Establish a special yard or other open space, lot area or dimension.
c.
Limit the height, size or location of a building or other structure.
d.
Designate the size, number, location or nature of vehicle access points.
e.
Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
f.
Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.
g.
Limit or otherwise designate the number, size, location, and height of lighting of signs.
h.
Limit the location and intensity of outdoor lighting or require its shielding.
i.
Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
j.
Design the size, height, location or materials for a fence.
k.
Protect existing trees, vegetation, water resources, wildlife habitats or other significant natural resources.
l.
Require provisions for public access, physical and visual, to natural, scenic and recreational resources.
m.
Require provisions for stormwater drainage including designating the size, location, screening, or other improvements of detention ponds and other facilities.
n.
Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
o.
Require such financial guarantees and evidence that any applied conditions will be complied with.
F.
Authorization of an AUP shall be void after a period of one year unless the use has begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may, at the discretion of the designee, extend authorization for six additional months upon request, provided such request is submitted in writing at least thirty (30) days, but not more than sixty (60) days, prior to the expiration of the permit, with payment of appropriate fees as listed in the current fee schedule.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.20.040 Conditional use.
A.
This section is to establish procedures and decision criteria for uses that possess unique characteristics and are of such a nature that they may not be appropriate for every location within a given zoning district. Conditional uses are those uses deemed unique due to factors such as size, technological processes, equipment, or location with respect to surroundings, streets, existing improvements, or demands upon public facilities. Such uses require a special degree of review and control to ensure compatibility with the comprehensive plan and adjacent uses.
B.
Any use existing at the time of adoption of the ordinance codified in this division that is within the scope of uses requiring a conditional use permit (CUP) in the zoning district in which the property is situated shall be deemed a conforming use without necessity of obtaining a CUP.
1.
Any expansion of an existing conditional use shall be required to apply for a new CUP if the designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
2.
Any use operating under the provisions of an existing conditional use permit/public facilities permit at the time of adoption of this division that is within the scope of uses requiring a CUP in the zoning district in which the property is situated shall be deemed a conforming use without necessity of a new CUP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3.
Any use operating under the provisions of an existing CUP at the time of adoption of this division that is within the scope of primary permitted uses within the applicable zoning district shall be deemed a conforming use.
C.
Application for a Conditional Use Permit.
1.
A CUP is a Process III application type and subject to all the procedural requirements applicable to this application type.
2.
CUP applications shall be on the form prescribed by the city and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the planning commission to make a decision. The established fee shall be submitted at time of application.
3.
Applications for CUP shall be filed with the city and be circulated and reviewed for comment by city staff.
4.
Notice of application shall be provided pursuant to Section 18.16.180, notice of application.
5.
Public notices shall be pursuant to Section 18.16.180, notice of application.
6.
Public hearings shall be pursuant to Section 18.16.190, Notice of public hearing.
7.
A CUP shall only be granted after the planning commission has reviewed the proposed use and has made written findings that all of the standards and criteria set forth below have been met or can be met, subject to conditions of approval:
a.
The size of the site is adequate for the proposed use, including all facilities and amenities that are required by this division or desired by the applicant;
b.
The proposed use will not be detrimental to the public health, safety, and general welfare of the community and will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties;
c.
The topography, soils, and other physical characteristics of the site are appropriate for the use and potential problems due to weak foundation soils can be eliminated or reduced to the extent necessary to avoid hazardous situations;
d.
The proposed use will not be injurious to, or adversely affect, the uses, property, or improvements adjacent to, or in the vicinity of, the site upon which the proposed use is to be located;
e.
The proposed use will be compatible with adjacent land uses and consistent with the character of the surrounding area;
f.
Adequate water, sewer/septic, storm drainage, schools, electrical, police, and fire protection facilities and services will support the proposed use. The use will not overburden or adversely affect said public facilities and services;
g.
The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity;
h.
An adequate site layout is proposed for on-site circulation and transportation activities, considering the potential impacts of the proposed use on traffic flow and control, emergency vehicle movements and safety associated with the suitability of access points, on-site drives, parking, loading and unloading areas, refuse collection and disposal points, sidewalks, bike paths, or other transportation facilities required by this division or desired by the applicant;
i.
The proposed use will cause no unreasonably adverse effects to wetlands, shorelands, wildlife habitat, and other critical areas;
j.
The public interest will suffer no substantial detrimental effect;
k.
Buffering devices such as fencing, landscaping or topographic characteristics adequately protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects;
l.
The granting of the proposed conditional use is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan. For essential public facilities, the planning commission shall balance the goals and policies of the comprehensive plan, the intent of this code, and the public need for the proposed facility;
m.
The proposed use complies with the appropriate development and performance standards and all other applicable provisions of the city of Rainier development standards;
n.
All conditions necessary to lessen any impacts of the proposed use have been included in the project design or will be required as conditions of approval pursuant to Section 18.16.100, Process III—Planning commission decisions;
o.
In addition to demonstrating compliance with the criteria as determined by the planning commission, the applicant shall accept those conditions that the commission finds appropriate to obtain compliance with the criteria.
i.
In permitting a conditional use, the commission may impose any of the following conditions:
(A)
Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects such as noise, vibration, air pollution, glare and odor.
(B)
Establish a special yard or other open space, lot area or dimension.
(C)
Limit the height, size or location of a building or other structure.
(D)
Designate the size, number, location or nature of vehicle access points.
(E)
Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
(F)
Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.
(G)
Limit or otherwise designate the number, size, location, and height of lighting of signs.
(H)
Limit the location and intensity of outdoor lighting or require its shielding.
(I)
Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
(J)
Design the size, height, location or materials for a fence.
(K)
Protect existing trees, vegetation, water resources, wildlife habitats or other significant natural resources.
(L)
Require provisions for public access, physical and visual, to natural, scenic and recreational resources.
(M)
Require provisions for stormwater drainage including designating the size, location, screening, or other improvements of detention ponds and other facilities.
(N)
Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
(O)
Require such financial guarantees and evidence that any applied conditions will be complied with.
(P)
Require appeals to be pursuant to Section 18.16.090(L), Process II—Administrative action.
ii.
Authorization of a conditional use shall be void after a period of one year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may extend authorization for one additional year upon request, provided such request is submitted in writing at least thirty (30) days but not more than sixty (60) days prior to expiration of the permit with payment of appropriate fees as listed in the current fee schedule at the discretion of the designee.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.20.050 Design standards review.
A.
Design standards review is an administrative process to implement and give effect to the comprehensive plan, its policies, or parts thereof, through the adoption of design criteria for development relative to site layout, landscape, architecture, and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and to encourage a diversity of imaginative solutions to development through the review and application of the design standards.
B.
The adoption of the design guidelines is an element of the city’s regulation of land use, which is statutorily authorized. The design standards review process adopted herein is established as a Process I administrative function delegated to the designee pursuant to Chapter 35A.11 RCW. Therefore, in implementing the administrative design standards review process, the city council may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. In the administration of this process, the designee may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the design standards established, as well as provide a detailed explanation of the design standards review process.
C.
Design standards review is a Process I application type and subject to all the procedural requirements applicable to this application type.
1.
Design standards review applications shall be on a form prescribed by the city and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the designee to make a decision. The established fee shall be submitted at time of application.
2.
Applications for design standards review shall be filed with the community development department.
3.
The designee shall provide the applicant with a written decision approving, denying, or approving the application with modifications and/or conditions of approval.
D.
The decision of the designee under the administrative design standards review process is final unless an appeal is made in accordance with the requirements of Section 18.16.090(L), Process II—Administrative action.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.20.060 Public facilities permit.
A.
This process is intended to ensure that public facilities (PF) as needed to support orderly growth and delivery of public services are sited in a timely and efficient manner. It is also intended to provide the city with additional regulatory authority to require mitigation of impacts that may occur as a result of essential PF siting. Finally, it is intended to promote enhanced public participation that will produce siting decisions consistent with community goals. Public facilities are public or privately owned or operated facilities serving a public purpose that are typically difficult to site. They include but are not limited to: airports, state educational facilities, state or regional transportation facilities, prisons, jails and other correctional facilities, and solid waste handling facilities pursuant to WAC 365-195-340(a), Siting Essential Public Facilities. In addition, other public facilities that are regulated and permitted pursuant to this section are identified in Section 18.40.080, Utilities use category.
B.
Any use existing at the time of adoption of the ordinance codified in this division, which is within the scope of uses requiring a public facilities permit (PFP) in the zoning district in which the property is situated, shall be deemed a conforming use without the necessity of obtaining a PFP.
1.
Any expansion of an existing public facility use shall be required to apply for a new PFP if the designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
2.
Any use operating under the provisions of an existing conditional use permit at the time of adoption of the ordinance codified in this division, which is within the scope of uses requiring a PFP in the zoning district in which the property is situated, shall be deemed a conforming use without the necessity of a new PFP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3.
Any use operating under the provisions of an existing PFP at the time of adoption of the ordinance codified in this division, which is within the scope of primary permitted uses within the applicable zoning district, shall be deemed a conforming use.
C.
A PFP is a Process III application type and is subject to all the procedural requirements applicable to this application type.
1.
The PFP use types and permitted zones are identified in Chapter 18.40, Land Use Zones.
2.
PFP applications shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form in order to be accepted as complete by the city. An applicant shall provide sufficient facts and evidence to enable the planning commission to make a decision. The established fee shall be submitted at time of application.
3.
Applications for PFPs shall be filed with the community development department. The PFP application shall be reviewed and circulated for comment by city staff.
4.
Notice of application shall be provided pursuant to Section 18.16.180, notice of application.
D.
A PFP shall be pursuant to Section 18.16.190, Notice of public hearing.
E.
A PFP shall only be granted after the planning commission has reviewed the proposed use and has made written findings that all the standards and criteria set forth below have been met or can be met subject to conditions of approval:
1.
The project applicant has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed.
2.
If applicable, the project would serve a significant share of the city’s population, and the proposed site will reasonably serve the project’s overall service population.
3.
The applicant has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology.
4.
The project is consistent with the applicant’s own long-range plans for facilities and operations.
5.
The applicant’s public participation plan has provided an opportunity for public participation in the siting decision and mitigation measures that is appropriate in light of the project’s scope.
6.
The project will not result in a disproportionate burden on a particular geographic area.
7.
The proposed project shall comply with all applicable provisions of the comprehensive plan, development standards, SEPA, and other federal, state and local statute, codes and ordinances.
8.
The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements may be determined by the minimum size of the facility, access, support facilities, topography, geology, and on-site mitigation needs.
9.
The project site, as developed with the proposed facility and under the proposed mitigation plan, is compatible with surrounding land uses.
10.
The applicant has proposed mitigation measures that substantially reduce or compensate for adverse impacts on the environment.
F.
Action of Planning Commission. In addition to demonstrating compliance with the criteria as determined by the commission, the applicant shall accept those conditions that the commission finds appropriate to obtain compliance with the criteria. The planning commission may impose any of the following conditions:
1.
Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
2.
Establish a special yard or other open space or lot area or dimension.
3.
Limit the height, size or location of a building or other structure.
4.
Designate the size, number, location or nature of vehicle access points.
5.
Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
6.
Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.
7.
Limit or otherwise designate the number, size, location, and height of lighting of signs.
8.
Limit the location and intensity of outdoor lighting or require shielding.
9.
Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
10.
Design the size, height, location or materials for a fence.
11.
Protect existing trees, vegetation, water resources, wildlife habitats or other significant natural resources.
12.
Require provisions for public access, physical and visual, natural, scenic and recreational resources.
13.
Require provisions for stormwater drainage, including designating the size, location, screening, or other improvements of detention ponds and other facilities.
14.
Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
15.
Require such financial guarantees and evidence that any applied conditions will be adhered to.
G.
Appeals shall be pursuant to Section 18.16.090(L), Process II—Administrative action.
H.
Authorization of a public facility use shall be void after a period of one year unless the use began within that time or substantial construction or action pursuant thereto has taken place. However, the city may extend authorization for one additional year upon request, provided such request is submitted in writing at least thirty (30) days and not more than sixty (60) days prior to expiration of the permit at the discretion of the designee.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 616 § 4 (part), 2012)
§ 18.20.080 Variances.
A.
The intent of this section is to provide an avenue of relief where, by reason of exceptional configuration, or by reason of other unique and extraordinary situations or conditions existing on a piece of property, the strict application of this division would result in peculiar, exceptional and undue hardship upon the owner of such property, which was not the result of actions of the applicant, property owner or a previous property owner or agent.
B.
Administrative variances shall not relieve an applicant from any of the procedural provisions of this division, conditions of approval established during prior permit review, or any of the provisions of the critical areas code, except for the required buffer widths. The variance process shall not allow the establishment of a use that is not otherwise permitted in the zoning district in which the proposal is located, nor allow an increase in density or reduction in the standard lot size.
C.
Administrative Variances. The designee shall have the authority to grant an administrative variance for up to twenty percent (20%) of the numerical standards for building setbacks from lot lines, lot coverage, and impervious surface coverage as provided in this division.
1.
An administrative variance is a Process II application type and subject to all the procedural requirements applicable to this application type.
a.
Applications for administrative variances shall be on the form prescribed by the city and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the designee to make a decision.
b.
Applications for administrative variances shall be filed with the community development department.
2.
The designee may grant an administrative variance if it is shown that it:
a.
Does not detract from the desired character and nature of the vicinity in which it is proposed; and
b.
Enhances or protects the character of the neighborhood and/or the vicinity by protecting natural features, historic sites, open space, or other resources; and
c.
Does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; and
d.
Does not constitute a threat to the public health, safety and general welfare within the city; and
e.
Is the minimum adjustment necessary for the reasonable use of the land.
3.
Authorization of an administrative variance shall be void after a period of one year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may at the discretion of the designee extend authorization for six additional months upon request, provided such request is submitted in writing at least thirty (30) days but not more than sixty (60) days prior to expiration of the permit with payment of appropriate fees as listed in the current fee schedule.
D.
Variances. The board of adjustment or, in its absence, the city council shall have the authority to grant a variance when some exceptional physical condition related to a parcel of land results in unnecessary hardship from the strict application of certain development provisions and is preventing the owner from using the property as intended by this division. Any variance granted shall be the minimum adjustment necessary for the reasonable use of the land.
1.
A variance is a Process III application type and subject to all the procedural requirements applicable to this application type.
a.
Applications for variances shall be on the form prescribed by the city and shall include all of the information and materials required by the application form. An applicant shall provide sufficient facts and evidence to enable the board to make a decision. The established fee shall be submitted at time of application.
b.
Variance applications shall be filed with the community development department. The variance application shall be reviewed and circulated for comment by city staff.
2.
A variance shall only be granted after the board has reviewed the proposed use and has made written findings that the standards and criteria set forth below have been met or can be met subject to conditions of approval:
a.
Unique circumstances or conditions exist that are applicable to the land or buildings for which a variance is sought. Said circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the area. The board may consider legal, nonconforming aspects of existing structures for the purpose of this finding.
b.
There must be proof of undue hardship if the variance is not granted. It is not sufficient proof of hardship to show that a greater profit would result if a variance were granted; nor shall loss of value be a valid reason to grant a variance. Furthermore, the hardship cannot be self-created, nor can it be created by one who purchases property with or without the knowledge of restrictions present. The hardship must result from the strict application of this division and be suffered directly by the property in question. Evidence of a variance granted under similar circumstances shall not be considered as a solely sufficient cause to grant hardship relief.
c.
The granting of the variance is necessary for the development of a parcel of land that, in conjunction with adjacent land in the same ownership, is not otherwise reasonably capable of development and use under the provisions of this division, and the variance granted is the minimum variance that will accomplish this purpose.
d.
The granting of the variance shall be consistent with the comprehensive plan and in agreement with the general purpose and intent of the regulations imposed by this division.
e.
The granting of the variance shall neither be injurious to the neighborhood or community, nor otherwise detrimental to the public welfare.
f.
The granting of the variance will not confer upon the applicant any special privilege that is denied by this division to other lands, structures, or buildings in the area.
g.
The granting of the variance will not permit the establishment of any development or use that is not permitted by this division.
3.
Authorization of a variance shall be void after a period of one year unless substantial construction or action pursuant thereto has taken place. However, the city may at the discretion of the designee extend authorization for an additional six months upon request, provided such request is submitted in writing at least thirty (30) days but not more than sixty (60) days prior to expiration of the permit with payment of appropriate fees as listed in the current fee schedule.
(Ord. 548 § 2 (Exh. A) (part), 2007; Ord. 576 § 4 (part), 2009)
§ 18.24.010 Development code amendments.
A.
This chapter establishes the process for adopting and amending Growth Management Act (GMA) development regulations and the comprehensive plan text and map to ensure early and continuous public participation in the development and amendment of development regulations that implement the city’s comprehensive plan. For the purposes of this chapter, “development regulations” means the controls placed on development or land use activities by the city, including, but not limited to, zoning, SEPA, critical areas ordinances, site development, design standards, signs, official controls, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the city.
1.
The community development department shall notify the State of Washington Department of Community, Trade and Economic Development (CTED) of the intent to adopt a development regulation or amendment at least sixty (60) days prior to final passage and shall transmit a copy of all passed development regulations to CTED within ten (10) days after adoption.
2.
Pursuant to Chapter 43.21C RCW and Chapter 197-11 WAC, the responsible official shall conduct the environmental review at the earliest opportunity in the planning process to investigate any potential environmental impacts of the proposed development regulations or amendments. A decision shall be made and issued pursuant to Division 4 of this title, State Environmental Policy Act (SEPA), prior to adoption of any proposed development regulation or amendment thereof.
3.
The designee shall prepare a packet of information for the planning commission’s review of the proposed development regulation or amendment(s) consisting of:
a.
A staff report;
b.
An environmental checklist;
c.
The environmental determination;
d.
A map of the affected area (if applicable);
e.
Any public or agency comment during review period; and
f.
Any other analysis regarding the proposed regulation or amendment.
4.
The planning commission shall conduct a public hearing on the proposed development regulation or amendment pursuant to criteria set forth in Section 18.16.190, Notice of public hearing.
5.
The city shall notice the public hearing required in Section 18.16.180, notice of application, that is reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, and organizations. Examples of reasonable notice include:
a.
Posting the property for site-specific proposals;
b.
Publishing notice in a local newspaper;
c.
Notifying private or public individuals or groups requesting notification in certain proposals or types of proposals being considered;
d.
Placing notices in appropriate regional, neighborhood, or trade journals as identified by the community development department;
e.
Publishing notice in the official newspaper or sending notice to city mailing lists established by the community development department, including general lists or lists for specific proposals or subject areas.
6.
Notice of the public hearing shall state when the public may submit written comments on the proposed development regulation; provided, that the public shall be given notice at least ten (10) days prior to the scheduled public hearing to submit written comments to the city.
7.
After the planning commission conducts the public hearing, the proposed development regulation/amendment is forwarded to the city council with its recommendation.
8.
The city council agenda for the reading of the proposed development regulation shall reflect the full division of the development regulation being reviewed. Errors in exact compliance with this chapter shall not render the development regulation invalid if the spirit of the procedures established by this chapter is observed.
9.
After the requirements of this chapter are met, the city council may act upon a proposed development regulation. The city council shall adopt, adopt as modified, reject, or remand the development regulation to the planning commission or community development department for further consideration.
10.
State law governs the appeal of a city council decision on a development regulation.
B.
Nothing in this section or in this division shall limit the authority of the city council to make changes in districts or zone designations or requirements as part of more extensive revisions of the comprehensive plan or the city of Rainier Development Regulations. Nothing in this chapter shall relieve a use or development from compliance with other applicable laws.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.24.020 Right-of-way vacation.
When a vacation application is specifically for a city street, the procedures for road vacation or street vacation in Chapter 35.79 or 36.87 RCW shall be utilized for the street vacation process.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.24.030 Planned actions.
A planned action pursuant WAC 197-11-164, Planned Actions, does not require a threshold determination or the preparation of an environmental impact statement under Division 4 of this title, State Environmental Policy Act (SEPA), but may be subject to environmental review and mitigation under SEPA.
A.
A planned action means one or more types of project actions that are designated planned actions by an ordinance or resolution adopted by the city and have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with either a comprehensive plan or subarea plan adopted under Chapter 36.70A RCW or a fully contained community, a master planned resort, a master planned development or a phased project, and are:
1.
Subsequent or implementing projects for the plans, projects or proposals;
2.
Located within an urban growth area, as defined in RCW 36.70A.030;
3.
Consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW; and
4.
Not essential public facilities, as defined in RCW 36.70A.200.
B.
The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.
C.
Project review of a planned action shall be used to identify specific project designs and conditions relating to the character of development, such as the details of site plans, building plans, pedestrian and vehicular access and circulation, stormwater drainage plans, the payment of any required impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts.
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.24.040 Zoning of annexed lands.
A.
It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with city goals, policies and plans. This is a Process V action.
B.
Whenever the city council shall determine that the best interest and general welfare of the city would be served by annexing territory, the designee will determine if the proposed annexation is within the city’s comprehensive plan urban growth area.
1.
If the annexation request is within the comprehensive plan urban growth area, the designee will process the annexation request, prepare a staff report and schedule a planning commission public hearing; or
2.
If the proposed annexation request is not within the comprehensive plan urban growth area, the designee will initiate an application for consideration of an update to the comprehensive plan and an application for an initial zoning recommendation.
C.
Upon receipt of an annexation application, the planning commission shall hold a public hearing to consider the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing. Upon completion of the meeting, the planning commission shall transmit a copy of its recommendation of the proposed annexation to the city council for consideration.
1.
In addition, the planning commission shall hold a public hearing to consider the initial zoning for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and those property owners within three hundred (300) feet pursuant to Section 18.16.190, Notice of public hearing.
2.
The notice shall be published in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing.
D.
Within sixty (60) calendar days of the receipt of the recommendation from the planning commission for the area of the proposed annexation, the city council shall consider the comprehensive plan change necessary to facilitate the annexation at a public meeting. The city council may approve or disapprove the comprehensive plan amendment as submitted, modify and approve as modified, or remand the comprehensive plan amendment back to the planning commission for further proceedings. An affirmative vote of not less than a majority of the total members of the city council shall be required for approval. If the matter is referred back to the planning commission, the council shall specify the time within which the planning commission shall report back to the council with findings and recommendations on the matters referred.
1.
Upon receipt of the recommendations of the planning commission for the initial zoning of the area of the proposed annexation, the council shall hold at least two public hearings at least thirty (30) calendar days apart. Notice of the time and place and purpose of such hearing shall be given by publication in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing. The ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the city.
2.
If annexation occurs prior to adoption of the comprehensive plan amendment update and initial zoning designation, those areas designated and zoned under the authority and land use provisions of Thurston County shall, upon annexation, be assigned as an interim zoning designation until new zoning designations are adopted in conformance with the comprehensive plan. Upon annexation, all prior land use agreements shall be considered binding agreements between the city and the property or business owner(s), as may be appropriate, unless otherwise modified by mutual consent.
3.
An electronic copy of any changes to city development regulations or the city’s comprehensive plan shall be forwarded to the Thurston County assessor’s office per RCW 36.70B.230, which states:
By July 31, 1997, a local government planning under RCW 36.70A.040 shall provide to the county assessor a copy of the local government’s comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year. |
(Ord. 548 § 2 (Exh. A) (part), 2007)
§ 18.24.050 Moratoria.
A.
Nothing in this division shall prevent the city council from establishing development moratoria or other interim land use regulations upon a finding by the city council that, due to unforeseen circumstances or other emergencies, such a moratorium or temporary regulation is necessary in order to protect the purpose and effectiveness of the city’s comprehensive plan and regulations, pending completion of the procedures necessary to adopt permanent land use controls. Any such moratorium or interim land use regulation shall be effective only for a period of a time necessary to complete adoption of the permanent land use control, which time shall be specified by the city council in the ordinance adopting the moratorium or other temporary regulation.
B.
Pursuant to RCW 35.63.200, a council that adopts a moratorium without holding a public hearing on the proposed moratorium shall hold a public hearing on the adopted moratorium within at least sixty (60) days of its adoption, whether or not the council or board received a recommendation on the matter from the planning commission or community development department. If the council does not adopt findings of fact justifying its action before this hearing, then the council shall do so immediately after the required public hearing. A moratorium adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium control may be renewed for one or more six-month periods if subsequent public hearings are held and findings of fact are made prior to each renewal.
(Ord. 548 § 2 (Exh. A) (part), 2007)
