Raymond City Zoning Code
PART I
GENERAL
§ 15.02.010 Title.
This title will be known and may be cited as the Raymond Unified Development Code, and is referred to in this title as "this code."
(Ord. 1593, 1998)
§ 15.02.020 Authority.
This code is adopted pursuant to the authority contained in Chapter 35A.63 RCW (Planning and Zoning in Code Cities), Chapter 35A.58 RCW (Boundaries and Plats), Chapter 36.70A RCW (Growth Management Act), Chapter 36.70B RCW, Chapter 36.70C RCW (Land Use Petition Act), Chapter 86.16 RCW (Flood Prevention), RCW Title 58 (Boundaries and Plats), and any other appropriate state regulations.
(Ord. 1593, 1998)
§ 15.02.030 Applicability.
A.
The provisions of this code apply to all development in the city, and no development may occur before obtaining a permit or approval pursuant to this code, except as provided in subsection (B) of this section.
B.
This code does not affect the validity of any effective development permit that was issued before the effective date of the ordinance codified in this title. However, if a permit or approval was issued before the effective date of the ordinance codified in this title and no demonstrable progress in planning or construction has been made for one year, the permit or approval is void and a new application subject to all requirements of this code must be submitted.
(Ord. 1593, 1998)
§ 15.02.040 Purpose and intent.
The purposes of this code are:
A.
To establish regulatory procedures and standards for review and decision-making of all proposed development in the city;
B.
To foster and preserve public health, safety, comfort, and welfare, and to aid in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the city, in accordance with the comprehensive plan;
C.
To adopt a development review process that is efficient, effective, and equitable;
D.
To prohibit or condition incompatible land uses by regulating density and dimensional aspects of development;
E.
To ensure that new development(s) install all private and public infrastructure necessary to serve the new development and protect environmentally sensitive areas;
F.
To implement the comprehensive plan of the city;
H.
To provide for a penalty for the violation of this code.
(Ord. 1593, 1998)
§ 15.02.050 Minimum requirements.
The requirements in this code are the minimum requirements necessary to accomplish the purposes of this code.
(Ord. 1593, 1998)
§ 15.02.060 Interpretation – Language construction.
The following rules of construction apply to the text of this code:
A.
The words "must" and "will" are always mandatory and not discretionary. The words "should" and "may" are permissive and are discretionary;
B.
Words used in the present tense include the future;
C.
Words used in the singular number include the plural, and the plural the singular, unless the context clearly indicates the contrary;
D.
A "building" or "structure" includes any part of a building or structure;
E.
The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity;
F.
The word "includes" does not limit a term to the specified examples, but is intended to extend its meaning to all other similar instances or circumstances; and
G.
The use of any gender-based pronoun (e.g., "he") should not be interpreted to be gender biased, but is only used for grammatical simplicity.
(Ord. 1593, 1998)
§ 15.02.070 Computation of time.
The time within which an act is to be done is computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day will be excluded.
(Ord. 1593, 1998)
§ 15.02.080 Zoning map interpretation.
This unified development code consists of the text of this code, together with a zoning map, which is on file at the office of the city clerk/treasurer. The zoning map shows the boundaries of different use districts within the city and its urban growth area. Boundaries of land use districts should be interpreted as follows:
A.
Boundaries shown as following or approximately following any street will be interpreted as following the centerline of the street.
B.
Boundaries shown as following or approximately following any platted lot line or other property line will be interpreted as following such line.
C.
Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines will be interpreted as following such lines.
D.
Boundaries shown as following or approximately following natural features will be interpreted as following such features.
E.
Vacated streets and alleys will assume the zone classification of abutting property. The former centerline of the vacated street or alley will be the new boundary.
F.
When any uncertainty exists as to zone boundaries, the planning commission and/or city council may require an applicant to determine the location of boundaries by survey.
(Ord. 1593, 1998)
§ 15.02.090 Right-of-way interpretation.
A.
Land contained in rights-of-way for streets or alleys will be considered unclassified, except when the areas are specifically designated on the zoning map as being classified in one of the zones provided in this code.
B.
Uses within street or alley right-of-way will be limited to street purposes as defined by law.
C.
Where a right-of-way is vacated, the vacated area will adopt the zone classification of the adjoining property with which it is first merged.
(Ord. 1593, 1998)
§ 15.02.100 Withdrawal of applications.
An application may be withdrawn by an applicant at any time.
(Ord. 1593, 1998)
§ 15.02.110 Violations defined.
Structures or uses which do not conform to this code are violations subject to the enforcement, penalty, and abatement provisions of this code, except approved variances and legal nonconforming uses as specified in this code. Violations include, but are not limited to:
A.
Establishing a use not permitted in the zone in which it is located;
B.
Constructing, expanding, or placing a structure in violation of setback, height, and other dimensional standards;
C.
Establishing a permitted use without complying with applicable development standards set forth in other codes, regulations, ordinances, rules, or laws;
D.
Failing to carry out or observe conditions of a permit or approval, including contract development standards of property-specific agreements;
E.
Failing to secure a required permit or approval before establishing a permitted use; and
F.
Failing to maintain site improvements as required in this code, including, but not limited to, landscaping, parking, or drainage control facilities.
(Ord. 1593, 1998)
§ 15.02.120 Permit suspension, revocation, or modification.
Any permit or approval issued by the city pursuant to this code may be suspended, revoked, or modified by the city planner on one or more of the following grounds:
A.
The permit or approval was obtained by fraud;
B.
The permit or approval was granted based on inadequate or inaccurate information supplied by the applicant or the applicant's representative;
C.
An error of procedure occurred which prevented consideration of the interests of persons directly affected by the approval;
D.
The permit or approval granted is being exercised contrary to the terms or conditions of the permit or approval or in violation of any statute, law, or regulation; or
E.
The holder of the permit or approval interferes with any authorized city representative in the performance of his or her duties, relevant to the permit or approval or implementation and review of the permit.
(Ord. 1593, 1998)
§ 15.02.130 Security agreement.
A.
When a completion security or maintenance security is posted, the applicant and the city council must sign a notarized security agreement, approved in form by the city attorney. This security agreement must be recorded with the Pacific County auditor. The security agreement must provide the following information:
1.
A description of the work or improvements covered by the security;
2.
The period of time covered by the security;
3.
The amount and nature of the security and the amount of the cash deposit;
4.
The rights and duties of the city;
5.
The rights and duties of the applicant;
6.
An irrevocable license to run with the property to allow the employees, agents, or contractors of the city to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making improvements covered by the security;
7.
The mechanism by and circumstances under which the security will be released.
B.
When any recorded security mechanism is released by the city to the applicant, a copy of the letter of release must be filed with the Pacific County auditor.
(Ord. 1593, 1998)
§ 15.02.140 Violations and penalties.
A.
Any firm, business, property owner, corporation, entity, or person who violates the standards in this code, or the more stringent standards imposed by the city in carrying out the provisions of this code, is guilty of a misdemeanor. Each day of noncompliance with this code is a separate offense. The offense will be punished by a fine not to exceed $300.00 or 90 days in jail or both.
B.
The city has the right to abate any violations of this code by seeking injunctive relief in the Pacific County Superior Court. Any firm, business, property owner, corporation, entity, or person who violates the standards in this code, or the more stringent standards imposed by the city in carrying out the provisions of this code, is responsible for paying the city's court costs and reasonable attorney's fees in any abatement action.
(Ord. 1593, 1998)
§ 15.02.150 Severability.
If any chapter, section, subsection, paragraph, sentence, clause, or phrase of this code is declared unconstitutional or invalid for any reason, the decision will not affect the validity of the remaining portion of this code.
(Ord. 1593, 1998)
§ 15.04.010 Explanation.
This chapter defines technical and procedural terms used throughout this code in order to simplify wording, give meaning of a technical term, or to eliminate ambiguity. Some definitions differ from definitions of the same words in standard dictionaries. Where this occurs, the definitions in this code will prevail. Words not defined will be presumed to have common and universally accepted dictionary meanings.
(Ord. 1593, 1998)
§ 15.04.020 Definitions.
means a subordinate use or building (one-story detached), customarily incidental to, and located upon the same lot occupied by, the main use or building (e.g., a storage shed or a garage).
means an appeal to the planning commission of a decision made by the city planner.
means the regular family abode of a person or persons who are providing personal care, room, and board, under a license issued pursuant to RCW 70.128.060, to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010).
means a public thoroughfare or way that provides only a secondary means of access to abutting property.
means a person or persons submitting an application to the city of Raymond for any type of permit or approval covered in this code.
means an additional dwelling unit, including separate kitchen, sleeping, and bathroom facilities, either within the primary residential dwelling unit or separate from the primary residential dwelling unit, on a single-family lot.
means a residential type building, or portion of the building, other than a hotel or motel, where for compensation lodging and a morning meal is provided for patrons, not including members of the owner, occupant, or tenant occupant family.
means a sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use of the property on which the billboard is located; excluding off-premises directional signs or temporary real estate signs.
means a drawing to a scale specified by the regulations of this code which:
Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;
Contains inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land; and
Contains provisions making any development be in conformity with the binding site plan.
means a group of lots, tracts, or parcels within well-defined and fixed boundaries.
means an area of land or a structure used or created for the purpose of insulating, separating, or screening a structure or land use from other land uses or structures, in such a manner as to reduce or mitigate any adverse impacts of one or the other.
means any structure having a roof, but excluding all forms of vehicles (e.g., a recreational vehicle or "RV"), even if it is immobilized.
means the vertical distance from average grade level to the highest point of a building or structure, excluding any chimney, antenna or other uninhabitable vertical appurtenances.
means the building inspector of the city of Raymond, Washington.
means the permit required for new construction and additions pursuant to RMC Title 2.
means the city of Raymond, Washington.
means the city attorney of the city of Raymond, Washington.
means the city council of the city of Raymond, Washington.
means the city engineer of the city of Raymond, Washington.
as used in this code means the city engineer, or his or her designee, of the city of Raymond, Washington.
means an administrative appeal on the record to the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. [RCW 36.70B.020(1)]
means a clothing store of less than 1,000 square feet.
means a retail business where clothes are sold.
means a bond or other acceptable surety deposited by an applicant with the city to ensure completion within one year of improvements required to obtain a permit or approval.
means the most recent edition of the city of Raymond comprehensive flood hazard management plan.
means the most recent edition of the city of Raymond comprehensive plan.
means the most recent edition of the city of Raymond comprehensive water plan.
means certain uses which, because of special requirements or unusual characteristics related to the subject property, or because of possible detrimental effects on surrounding properties, may be permitted in use districts if found under the conditional use section, and after the granting of a conditional use permit by the city council. Conditional uses require a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones.
means an establishment providing nursing, dietary, and other personal services to convalescents, invalids, or aged persons.
means a retail business of less than 1,000 square feet which primarily caters to residents of the same neighborhood.
means the assessor of Pacific County, Washington.
means the auditor of Pacific County, Washington.
means a final determination by the city council, planning commission, or city planner, as applicable, on applications for permits or approvals or on appeals.
means the body with final approval authority for any given application.
means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate will be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication; and, the acceptance by the public will be evidenced by the approval of such plat for filing by the city council or city planner, as appropriate.
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 gross acre (see definition for "gross acreage").
means the determination made by the city planner as to whether a project permit application is complete or incomplete. [RCW 36.70B.070]
means a person who is responsible for any undertaking that requires a permit or approval from the city of Raymond.
means any human-made change to improved or unimproved real estate, including but not limited to:
Construction, clearing, grading, filling, excavating, paving, dredging, mining, drilling, or otherwise significantly disturbing the soil of a site;
Building, installing, enlarging, replacing, or substantially restoring a structure, impervious surface, or water management system;
Subdividing land into two or more parcels;
Construction of a permanent sign unless expressly exempted by this code;
Alteration of a historic property for which authorization is required by this code; or
Changing the use of a site so that the need for parking is increased.
means any written authorization from the city which authorizes the commencement of a development activity.
means a portion of the incorporated area of the city within which certain regulations and requirements apply under the provisions of this code.
means a building used or intended to be used as a home of two families living independently of each other and having two separate kitchen facilities.
means a building or portion of a building designed for occupancy by one family for residential purposes and having kitchen facilities.
means work necessary to prevent destruction or dilapidation to real property or its structures immediately threatened or damaged by fire, flood, earthquake, or other disaster.
means public facilities and privately owned or privately operated facilities serving a public purpose that are typically difficult to site. They include:
Type One: Multi-county facilities on the state Office of Financial Management list of future projects. These are major facilities serving or potentially affecting more than one county. These facilities include, but are not limited to, regional transportation facilities, such as regional airports; state correction facilities; and state education facilities.
Type Two: These are local or inter-local facilities serving or potentially affecting residents or property in more than one jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, communication towers, and inpatient facilities (e.g., substance abuse facilities and mental health facilities). [Note: Facilities that would not have impacts beyond the jurisdiction in which they are proposed to be located would be Type Three facilities.]
Type Three: These are facilities serving or potentially affecting only the jurisdiction in which they are proposed to be located.
means any number of individuals living together as a single housekeeping unit and doing their cooking on the premises.
means a residential facility where supervision is provided for periods less than 24 hours for 12 or fewer children from birth to 11 years of age, exclusive of members of the occupant's family. Such facility must be operated in accordance with state requirements.
means the most current list of the fees required for submitting applications to the city under this code, adopted by resolution of the city council.
means the most recent edition of the general sewer plan of the city of Raymond.
means a ground elevation established for the purpose of regulating the height of the structure. The building grade is the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade is determined by averaging the elevation of the ground for each face of the building.
means a facility that provides board, domiciliary care and social services to a group of five or more dependent children.
means an occupation carried on entirely within a residence by the occupants. RMC § 15.48.120 lists criteria that must continuously be met for home occupations. The activities associated with the home occupation must:
Be clearly incidental to the use of the residence as a dwelling;
Not change the residential character of the dwelling;
Be conducted in such a manner as to not give any outward appearance (other than a sign in accordance with Chapter 15.80 RMC) or manifest any characteristic of a business; and
Not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and primarily intended.
means a building, or group of buildings, designed or used for transient rental of five or more guest rooms. A central kitchen and dining room and accessory shops and services catering to the general public may be provided. Motels are designed to accommodate automobile tourists and parking spaces or garages are conveniently located near each guestroom. Not included in this definition are institutions housing persons under legal restraint or requiring medical attention or care.
means the Joint Aquatic Resource Permits Application, which is completed whenever work is proposed in or near water.
means an appeal to the Pacific County Superior Court of a decision made by the city council.
means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area and having frontage upon a street or alley. The term includes tracts and parcels.
means the total land space or area contained within the boundary lines of any lot, tract, or parcel of land, and may be expressed in square feet or acres (also see definition for "gross acreage").
means a bond or other acceptable surety deposited by an applicant with the city to:
means a single-family dwelling built after June 15, 1976, in accordance with the Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code.
means the manufactured home construction and safety standards as promulgated by the United States Department of Housing and Urban Development (HUD).
means a factory-built dwelling built before June 15, 1976, to standards other than the HUD code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD Manufactured Home Construction and Safety Standards Act.
means a parcel (or contiguous parcels) of land divided into two or more mobile or manufactured home lots or spaces for rent or sale.
means all on-site work necessary for the installation of a mobile or manufactured home, including, but not limited to:
Construction of the foundation system;
Installation of the support piers;
Required connection to foundation system and support piers;
Skirting;
Connections to the on-site water and sewer systems that are necessary for the normal operation of the home; and
Extension of the pressure relief valve for the water heater.
means a building or portion of a building used or intended to be used as a home of three or more families living independently of each other and having separate kitchen facilities for each family.
means the acreage of a lot or parcel including streets and sidewalks, but not including any undevelopable acreage (e.g., critical areas) that may be on the lot or parcel.
means a building, use, or lot lawfully existing on the date the ordinance codified in this title becomes effective, which does not conform with the regulations of the zoning district in which it is located.
(see "convalescent home").
means a hearing that creates the city's record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open record hearing may be held before a local government's decision on a project permit to be known as an "open record pre-decision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record pre-decision hearing has been held on the project permit. [RCW 36.70B.020(3)]
means work for which a permit is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure and to restore, as nearly as may be practicable, to the condition it was in before the deterioration, decay, or damage occurred.
means a set of zoning regulations which is applied to the zoning map and imposed in addition to regulations of the underlying district. Developments within the overlay zone must conform to the requirements of both zones.
means the fee simple owner of record as exists on Pacific County assessor records.
means the latest edition of the Pacific County road standards.
means the person or body that has the authority, according to this code, to issue the permit or approval in question.
means any authorized use allowed alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.
means developments including mobile home parks, multifamily housing, condominiums, and other alternative housing facilities.
means the planning commission of the city of Raymond, Washington.
means a map or representation of a subdivision, showing the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this code.
means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of Chapter 15.66 RMC. The preliminary plat is the basis for the approval or disapproval of the general layout of a subdivision.
means the map or representation of a short subdivision.
means any land use or environmental permit or license required from the city for a project action, including, but not limited to building permits, subdivisions, binding site plans, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, and site-specific rezones authorized by a comprehensive plan. [RCW 36.70B.020(4)]
means Title 15 of the Raymond Municipal Code.
means the Raymond Municipal Code.
means the Revised Code of Washington.
means that the use is not allowed in a particular zoning district.
means a change in zoning classification of an area from one use district to another.
means an adult bookstore, adult novelty store, adult video store, adult theater, or any combination of the above.
means the most recent edition of the city of Raymond shoreline master program.
means the light comes from within or behind the sign and shines through the sign to illuminate it.
means the light is located in front of the sign and shines onto the surface of the sign to illuminate it.
means a building arranged or designed to be occupied by not more than one family.
means a drawing of a proposed project drawn to scale.
means the process which is intended to provide for the examination of site and building development proposals in any of the following circumstances:
means a human-made object of any kind, which is built or constructed, or any piece of work built up or composed of parts joined together in some definite manner and affixed to the earth.
means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, except as provided under "short subdivision."
means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
means a retail trade or service with a business license lasting 30 days or less.
means that area designated by the city's comprehensive plan as the city's urban growth area.
means an area or district specifically designated so as to group similar and compatible uses together.
means a waiver of one or more specific physical (rather than use) standards (such as bulk, yard, or site coverage) due to the existence of a special condition or hardship that is peculiar to the land, structure, or building involved, not created by the property owner. A "minor variance" involves a request for changes to setbacks required for garages. A "variance" involves a request for any other kind of change to zoning requirements.
means Washington Administrative Code.
means an open, unoccupied space extending across the full width or depth of the lot, between the building (exclusive of steps) and the property line adjacent to the street.
means an open unoccupied space extending across the full width or depth of the lot, between the building (exclusive of steps, porches, and accessory buildings) and the rear line of the lot.
means an open, unoccupied space extending across the full width or depth of the lot, between the building and the side line of the lot.
means a land use area or district established by the city council.
(Ord. 1593, 1998)
§ 15.06.010 City council – Powers and duties.
In addition to the powers and duties described in Chapter 2.20 RMC, the city council is vested with the authority to:
A.
Approve, approve with conditions, or deny applications for subdivision preliminary plat approval, final plat approval, variances, conditional use permits, amendments to the comprehensive plan, amendments to this code, and rezones after considering the findings and recommendations of the city planner and/or planning commission;
B.
Decide local appeals of the decisions that the planning commission has made regarding administrative appeals of the city planner's actions and interpretations;
C.
Base all decisions on criteria established in this code or other applicable laws;
D.
Require any applicant granted final plat approval, site plan approval, or a conditional use permit for a planned residential development to deposit an acceptable security with the city and sign a security agreement to assure that the applicant and/or his successors in interest will adhere to the approved plan and all conditions attached to the final plat approval or conditional use permit;
E.
Review and act on any recommendations of the city planner or planning commission for amendments to, or revisions of, the comprehensive plan or the provisions of this code;
F.
Perform other duties as outlined in the latest edition of the city of Raymond shoreline master program and the latest edition of the city of Raymond comprehensive flood hazard management plan; and
G.
Perform other duties as outlined in this code.
(Ord. 1889 § 2, 2020)
§ 15.06.020 Planning commission – Powers and duties.
In addition to the powers and duties described in Chapter 2.75 RMC, the planning commission is vested with the authority to:
B.
Make studies and recommendations to the city council concerning goals, objectives, and policies governing all elements of the comprehensive plan and the provisions of this code regarding development in Raymond's corporate area and urban growth area;
C.
Develop and make recommendations to the city council concerning policies, ordinances, administrative procedures, and any other means for carrying out comprehensive plan elements in a coordinated and efficient manner;
D.
Hold public hearings or review development applications, considering the testimony of affected individuals, consider the recommendations of the city planner, and make recommendations to the city council concerning applications for permits and approvals as authorized in this code;
E.
Hear and decide local administrative appeals of the city planner's actions and interpretations;
F.
Perform other duties as outlined in the latest edition of the city of Raymond shoreline master program and the latest edition of the city of Raymond comprehensive flood hazard management plan; and
G.
Perform other duties as assigned by the city council or undertaken by the planning commission's own initiative.
(Ord. 1889 § 2, 2020)
§ 15.06.030 City planner – Powers and duties.
B.
The duties and responsibilities of the city planner include:
1.
Establishing procedures and preparing forms necessary for the administration of this code;
2.
Advising interested citizens and applicants of the regulations and procedures set forth in this code;
3.
Making administrative decisions and interpretations of the regulations set forth in this code;
4.
Determining that an applicant has provided all applications for development and other required materials;
5.
Compiling an official file on each application submitted;
6.
Reviewing all information submitted by an applicant and preparing a report that summarizes the findings, conclusions, and recommendations involving an application;
7.
Approving, approving with conditions, or denying applications for permits or approvals listed in subsection (A)(2) of this section;
8.
Submitting the report in subsection (B)(6) of this section to the planning commission or city council, depending on the application, for consideration and official action. The city planner will assure that all relevant information and testimony regarding an application is made available to the planning commission and/or city council during their review;
9.
Requiring an applicant granted site plan approval to deposit an acceptable security with the city and sign a security agreement to assure that the applicant or his successors in interest, or both, will adhere to the approved plan and all conditions attached to the approved site plan;
10.
Assuring that proper notice is given to appropriate persons, agencies, and the public for all hearings;
11.
Investigating, developing, and proposing amendments to the Raymond Municipal Code as necessary;
12.
Seeking remedies for alleged violations of this code, or of violations of conditions of any permit or approval issued by the city; and
13.
Coordinating information with other departments of the city and affected agencies.
(Ord. 1889 § 2, 2020)
§ 15.08.010 Purpose and applicability.
The purpose of this chapter is to comply with state guidelines for combining and expediting development review and integrating environmental review and land use development plans as required Chapter 36.70B RCW. The provisions of this chapter apply when processing applications subject to this code, except as specifically exempted by this chapter.
(Ord. 1593, 1998)
§ 15.08.020 Administration.
The city planner is responsible for ensuring that the provisions of this code are carried out.
(Ord. 1593, 1998)
§ 15.08.030 Exempt actions.
A.
The following actions are exempt from the project permit application process:
1.
Zoning code text amendments;
2.
Adoption of or amendment to development regulations;
3.
Area-wide rezones to implement new city policies;
4.
Annexations;
5.
Adoption of or amendment to the comprehensive plan;
6.
Landmark designations;
7.
Street vacations;
8.
Site plan review before the issuance of building permits which are categorically exempt from SEPA requirements.
B.
Pursuant to RCW 36.70B.140(2), administrative approvals which are categorically exempt from environmental review under SEPA or permits or approvals for which environmental review has been completed in connection with other project permits, are exempt from the following procedures:
1.
Determination of completeness;
2.
Notice of application;
3.
Optional consolidated project permit review processing, except as provided in RCW 36.70B.140;
4.
Joint public hearings;
5.
Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing;
6.
Report of decision;
7.
Completion of project review within any applicable time periods (including the 120-day permit processing time).
(Ord. 1593, 1998)
§ 15.08.040 Pre-application conference.
A.
Applicants are encouraged, but not required, to request a pre-application conference with the city planner before submitting an application to discuss requirements and the review process. Any comments concerning the proposed development during the pre-application conference should not be interpreted as approval or denial of the proposal.
(Ord. 1593, 1998)
§ 15.08.050 Optional consolidated permit processing.
A.
An applicant may request integrated and consolidated review and decision on two or more project permits relating to a proposed project action. This includes a single application review and approval process covering all project permits requested by the applicant for all or part of a project action. This also includes a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and report of decision must include all project permits being reviewed through the consolidated permit review process.
B.
There are different categories of project permits in the city of Raymond (also see RMC § 15.08.180), including:
1.
Proposals that are categorically exempt from Chapter 43.21C RCW, that do not require environmental review or public notice, and that are decided by the city planner;
2.
Permits that require environmental review, but no public hearing, and that are decided by the city planner; and
3.
Permits that require a threshold determination, a public hearing by the planning commission, recommendation by the planning commission to the city council, and a decision by the city council.
C.
If an applicant requests consolidated permit processing, and a project action requires project permits from more than one category, all of the project permits will be reviewed according to the review procedures that are required for the permit requiring the most review.
D.
Consolidated permit review may include a single open record hearing and no more than one closed record appeal as provided in RCW 36.70B.060.
E.
In consolidated permit review, the decision-making bodies must develop a timeline for permit approval and must jointly conduct a single open record hearing and work together on making the required findings of fact. The decision-making bodies will issue separate reports of decision, but will package them together. [RCW 36.70B.120]
(Ord. 1593, 1998)
§ 15.08.060 Project permit application.
A.
Applications for project permits must be submitted upon forms provided by the city. An application must contain all materials required by this code, and must include the following general information:
1.
A completed project permit application form;
2.
A verified statement by the applicant that the project property is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all the owners of the project property;
3.
A property and/or legal description of the site for all applications, as required by the applicable development regulations;
4.
Designation of a single person/entity and address to receive determinations and notices required by this chapter;
5.
The applicable fee;
6.
When work is proposed in or near water, a JARPA (Joint Aquatic Resource Permits Application) form must be submitted.
C.
Applicants may be required to supply evidence of sewer availability.
(Ord. 1593, 1998)
§ 15.08.070 Determination of completeness.
A.
Within 28 days after receiving a project permit application, the city must mail or give a written determination to the applicant, stating either:
1.
That the application is complete. An application is complete when it meets the procedural requirements of this code as determined by the city planner and is sufficient for continued processing, even though additional information may be required or project modifications may be undertaken later;
2.
That the application is incomplete and what is necessary to make the application complete. The applicant then has 90 days to submit the information to the city. If the applicant does not submit the required additional information within the 90-day period, the application will lapse. Within 14 days after an applicant has submitted additional information identified by the city planner as being necessary for a complete application, the applicant must be notified that the application is complete. [RCW 36.70B.070]
B.
An application will be deemed complete if the city does not provide a written determination to the applicant that the application is incomplete within 28 days after receiving the application. [RCW 36.70B.070]
(Ord. 1593, 1998)
§ 15.08.080 Notice of application – Exemptions and requirements.
A notice of application is not required for actions which are categorically exempt from SEPA, or for which environmental review has been completed. This includes:
A.
Application for building permits for buildings that are categorically exempt from SEPA under WAC 197-11-800;
B.
Application for boundary line adjustments;
C.
Application for short subdivision approval;
D.
Variances and minor variances;
E.
Preliminary SEPA threshold determination (EIS required);
F.
Shoreline exemptions and administrator-approved (staff level) shoreline substantial development permits;
G.
Application for site plan review before the issuance of building permits that are categorically exempt from SEPA;
H.
All administrative interpretations; and
I.
Sign permits.
(Ord. 1593, 1998)
§ 15.08.090 Notice of application – Contents –Timing – Distribution.
A.
Contents. The notice of application must contain the following information:
1.
The date that the application was received by the city, the date of issue of the determination of completeness, and the date of the notice of application;
2.
A description of the proposed project;
3.
A list of the project permits included in the application;
4.
Identification of other required permits that are not included in the application, to the extent known by the city;
5.
Identification of existing environmental documents and studies that evaluate the proposed project and the location where they can be reviewed;
6.
The dates of the public comment period, which must be not less than 14 nor more than 30 days following the date of notice of application;
7.
A statement of the right of any person to comment on the application, receive notice of any hearings, submit oral or written comments at any hearings, and request a copy of the decision once made;
8.
A statement of any appeal rights and limitations;
9.
The date, time, place, and type of hearing, if applicable and if already scheduled by the date of the notice of application; and
10.
Any other information determined appropriate by the city, in accordance with RCW 36.70B.110.
B.
Timing.
1.
The notice of application must be provided within 14 days after a determination of completeness.
2.
If any open record pre-decision hearing is required for the requested project permit(s), the notice of application must be provided at least 15 days before the open record hearing, in accordance with RCW 36.70B.110.
C.
Distribution.
1.
The notice of application must be published in the official city newspaper (Willapa Harbor Herald), in accordance with RMC § 1.12.010.
2.
On or before the date that the notice of application is published, the city planner must mail a copy of the notice of application to other known agencies with jurisdiction and the neighboring real property owners within 300 feet.
3.
The city may erect a sign on the subject property containing the notice. [RCW 36.70B.110 (4)(a)]
D.
All public comments on the notice of application must be received by the city planner by 4:00 p.m. on the last day of the comment period. Comments should be specific as possible.
E.
The city can not make a SEPA determination of nonsignificance or issue a decision or a recommendation on a project permit until the end of the public comment period identified in the notice of application. A SEPA determination of significance may be made before the end of the public comment period.
F.
The city may elect to include a "proposed determination of nonsignificance" in the notice of application.
(Ord. 1593, 1998)
§ 15.08.100 Determination of consistency with existing plans and regulations.
A.
Fundamental land use planning choices made in adopted comprehensive plans and adopted development regulations will serve as the foundation for review of project permit applications. During project review, the city must determine whether the items listed in this section are defined in the development regulations applicable to the proposed project or in the comprehensive plan. This determination of consistency includes:
1.
Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as conditional uses, if the criteria for their approval have been satisfied;
2.
The level of development, such as units per acre, density of residential development in the urban growth area, or other measures of density;
3.
Availability and adequacy of public facilities and services identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW;
4.
Character of the development. [RCW 36.70B.040]
B.
During project review, the city will not re-examine alternatives to, or hear appeals on, the factors identified in subsection (A) of this section, except for issues of code interpretation.
C.
The city may determine that the requirements for environmental analysis and mitigation measures in its development regulations, comprehensive plan, and other applicable laws provide adequate mitigation for some or all of a project's specific adverse environmental impacts.
D.
Nothing in this section limits the authority of the city to approve, approve with conditions, or deny a project as provided in its development regulations and in its SEPA policies adopted in Chapter 15.12 RMC. Project review will be used to identify specific project design and conditions relating to the character of development (such as the details of site plans, curb cuts, drainage swales, etc.).
E.
Nothing in this section requires documentation of or dictates the city's procedures for considering consistency, or limits the city from asking more specific or related questions with respect to the factors identified in subsections (A)(1) through (A)(4) of this section.
(Ord. 1593, 1998)
§ 15.08.110 Public hearing procedures.
A.
The city will hold no more than one open record hearing in relation to a given project permit application, including a consolidated permit application.
B.
A pre-decision open record hearing pertaining to project permit application can only occur 15 or more days after any threshold SEPA determination related to the application is issued.
C.
The city may combine a hearing on a project permit with a hearing that may be held by another local, state, regional, federal or other agency; provided, that the joint hearing is held within the city. The applicant may request that hearings be combined as long as the joint hearing can be held within the time periods specified in RMC § 15.08.130. Alternatively, the applicant may agree to a different schedule if additional time is needed in order to combine the hearings.
E.
Notices of public hearings under subsection (D) of this section must include:
1.
A brief description of the project;
2.
The project location;
3.
The permit(s) required;
4.
The time, date, and place of the hearing, and closing date for comments;
5.
The location where further information can be obtained; and
6.
A statement of the right of any person to submit oral or written comments at the hearing.
F.
Public hearings must be conducted in accordance with the following procedures:
1.
The planning commission is subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), the Open Public Meetings Act (Chapter 42.30 RCW), and the appearance of fairness doctrine (Chapter 42.36 RCW) the same as now exist or may later be amended.
2.
The applicant bears the burden of proof and must demonstrate that the application 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.
G.
The agenda of the public hearing will generally observe the following sequence of events:
1.
Determination of disqualification(s) of members of the hearing body. A member of the hearing body who is disqualified must be counted for purposes of forming a quorum. A disqualified member must make full disclosure on the record, must not participate in discussion of the matter, and must abstain from voting on the proposal.
2.
City staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
3.
Applicant's presentation, including submittal of any materials supplementary to the application. Members of the hearing body may ask questions of the applicant.
4.
Testimony or comments by the public relevant to the matter. The chair will prohibit anonymous public comment. Questions from the public directed to the staff or the applicant will be posed by the chair at its discretion.
5.
Rebuttal, response, or clarifying statements by the applicant and the city staff.
H.
For those members of the public who are unable to attend the public hearing but wish to comment, certified letters may be submitted for the record before the public hearing.
(Ord. 1593, 1998)
§ 15.08.120 Report of decision – Content – Distribution.
A.
For all permit applications that require only administrative approval, the city planner must write a single report stating the decision(s) on the permit(s). The report must state applicable findings of fact and conclusions of law. The report will serve as the permit(s). The report must contain the information listed in subsection (C) of this section.
B.
For a permit applications requiring approval by the city council, the city council must adopt a single report stating the decision(s) on the permit(s). The report must state applicable findings of fact and conclusions of law. The report will serve as the permit(s). The report must contain the information listed in subsection (C) of this section.
C.
The report of decision required in subsections (A) and (B) of this section must include the following information. The report must:
1.
State any mitigation required under the development regulations or under the city's SEPA program. For applications that are not exempt from SEPA requirements, the report must include or append the SEPA threshold determination, if a SEPA threshold determination has not been previously issued;
2.
Describe applicable deadlines for and methods of appeal;
3.
Be provided to the applicant;
4.
Be provided to any person who, before the publication of the report, requested notice of the decision or submitted substantive comments on the application;
D.
For all permit applications requiring a report of decision, the city must publish a summary of the report of decision in the city's official newspaper.
(Ord. 1593, 1998)
§ 15.08.130 Report of decision – Timing.
A.
Once a project permit application is complete, a final decision must be issued within 120 days, except as otherwise provided in subsection (B) of this section. The following periods are excluded in determining the number of days that have elapsed:
1.
Any period during which the applicant has been requested to correct plans, perform required studies, or provide additional required information;
2.
Any period during which an impact statement is being prepared following a determination of significance pursuant to SEPA and Chapter 15.12 RMC;
3.
Any period during a pending administrative appeal of a SEPA mitigated determination of nonsignificance (MDNS), a determination of nonsignificance (DNS), or of the sufficiency of an environmental impact statement (EIS);
4.
The period from the filing of an administrative appeal under RMC § 15.08.150 through final disposition of the appeal; and
5.
Any extension of time mutually agreed upon by the applicant and the city.
B.
The time limits established by subsection (A) of this section do not apply if a projects permit application:
1.
Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or
C.
If the city is unable to issue its final decision within the time limits provided in this section, the city planner must give the project applicant written notice of this fact. The notice must include:
(Ord. 1593, 1998; Ord. 1809 § 4, 2013)
§ 15.08.140 Administrative interpretation.
A.
Any project permit applicant, Raymond resident, owner of real property in Raymond, or party of record may request an interpretation of the meaning or application of the city's development regulations applicable to project permit applications.
B.
All requests for interpretations must be written and concisely identify the issue and desired interpretation.
C.
The city planner must provide a written administrative interpretation within 30 days of receipt of the request.
(Ord. 1593, 1998)
§ 15.08.150 Administrative appeals.
C.
A written notice of appeal must be filed with the planning commission within 15 days after the date of issuance of the decision or interpretation being appealed. The notice of appeal must identify:
D.
An appellant must pay an appeal fee when filing an appeal. The amount of the appeal fee is listed in the city's current fee schedule.
E.
All appeals related to a given project permit application that was approved or denied by the city planner will be considered by the planning commission in an open record hearing conducted in accordance with the procedures outlined in RMC § 15.08.120. The appellant bears the burden of proving the decision was in error.
F.
Within 90 days after an appeal is filed, the planning commission must write a single report declaring its decision(s) on the appeal(s). The report must be mailed or given to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision. The 90-day time period may be extended upon mutual agreement of all parties to the appeal.
(Ord. 1593, 1998)
§ 15.08.160 Judicial appeal.
Judicial appeals are governed by Chapter 36.70C RCW.
(Ord. 1593, 1998)
§ 15.08.170 Approval, review, and appeal authority.
Key:
R = Recommendation to higher review authority
D = Decision
A = Appeal decision
Subject to Chapter 36.70B RCW | Required Notification of Neighboring Property Owners | City Planner | Planning Commission | City Council | |
|---|---|---|---|---|---|
Part III – (Zoning) | |||||
Conditional use permit | yes | yes | R | R | D |
Planned residential development | yes | yes | R | R | D |
Variance | yes | yes | R | R | D |
Minor variance | yes | no | D | A | |
Site-specific zone change consistent with comprehensive plan | no | yes | R | R | D |
Area-wide zone change consistent with comprehensive plan | no | no | R | D | |
Site plan review | yes | yes | D | A | |
Comprehensive plan text amendment | no | no | R | R | D |
Comprehensive plan map amendment | no | no | R | R | D |
Development regulations amendment | no | no | R | R | D |
Part IV – (Land Division) | |||||
Binding site plan | yes | yes | D | A | |
Preliminary plat | yes | yes | R | R | D |
Final plat | no | no | D | ||
Short plat | yes | no | D | A | |
Part VI – (Miscellaneous) | |||||
Annexation | no | no | R | D | |
Boundary line adjustment | no | no | D | A | |
Subject to Chapter 36.70B RCW | Required Notification of Property Owners | Responsible Official* | Planning Commission | City Council | |
|---|---|---|---|---|---|
Part II – Chapter 15.12 (Environmental Regulations) | |||||
SEPA determinations | |||||
Mitigated determination of nonsignificance | yes | yes | D | ||
EIS | yes | yes | D | ||
* As defined in the city's SEPA ordinance. | |||||
Subject to Chapter 36.70B RCW | Required Notification of Property Owners | Administrator* | Planning Commission | City Council | |
|---|---|---|---|---|---|
Part II – Chapter 15.14 (Environmental Regulations) | |||||
Shoreline permits | |||||
Substantial development | yes | no | D | A | |
Statement of exemption | yes | no | D | A | |
Conditional use | yes | yes | R | D | |
Variance | yes | yes | R | D | |
* As defined in the city of Raymond shoreline master program. | |||||
(Ord. 1593, 1998)
§ 15.08.180 Official files.
A.
After a project permit application is complete according to RMC § 15.08.080, the city planner will begin compiling an official file on each project permit application filed. An official file contains the following:
1.
The application materials submitted by the applicant;
2.
The city planner's report, which summarizes his findings, conclusions, and recommendations involving a project permit application;
3.
Any other staff reports prepared;
4.
All written testimony received on the matter;
5.
The electronic recording and minutes of any public hearing or review on the matter;
6.
The recommendation of the planning commission on the permit or application, if applicable;
7.
The decision of the city planner or city council;
8.
Any other information relevant to the matter; and
9.
Certification of publication of legal notices, a copy of the mailed notification of application, and the date of mailing.
B.
The official file is a public record. It is available for inspection and copying at City Hall during regular business hours. Availability may be temporarily restricted during or before public hearings while staff is preparing for the hearing.
(Ord. 1593, 1998)
§ 15.08.190 Application time limit.
A.
If no action has been initiated by the applicant for a continuous 90-day period, the city may serve notice on the applicant by certified letter that the application will be terminated in 30 days unless the applicant responds by return mail that the application remains an active, on-going concern.
B.
The city may consider an application to be null and void if no action has been initiated on the application by the applicant for a continuous 120-day period.
(Ord. 1593, 1998)
§ 15.08.200 Application withdrawal and renewal.
The city planner, planning commission, or city council, as appropriate, may permit the withdrawal of any application filed under the provisions of this code; provided, that any hearing must be held for which notice has been given.
(Ord. 1593, 1998)