Chapter 20.04
DEFINITIONS
Sections:
20.04.010 Definitions.
In addition to the definitions in BMC 1.01.060 and 1.01.070, the following definitions shall apply throughout this title:
“Adequate public facilities” means facilities which have the capacity to serve development without decreasing levels of service below locally established minimums.
“Adjacent landowners” means the owners of real property, as shown by the records of the county assessor, located within 300 feet of any portion of the boundary of the proposed subdivision.
“Aggrieved party” is a party of record who can demonstrate all of the following:
(1) The land use decision has prejudiced or is likely to prejudice that person;
(2) That person’s asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision;
(3) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and
(4) The petitioner has exhausted his or her administrative remedies to the extent required by law.
“Appellant” means a person, organization, association or other similar group who files a complete and timely appeal of a city decision.
“Applicant” means a person who is the owner of the subject property or the authorized representative of the owner of the subject property, and who has applied for land use permits.
“Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. Only parties of record to the open public hearing may participate in the closed record appeal.
“Complete application” means an application that contains all material required for that permit as stated in appropriate sections of the Buckley Municipal Code and the appropriate application form, and is determined to be complete by a letter to the applicant; or an application for which no determination of incomplete application was made within the required time frame.
“Concurrency” means that, based on the schedule of improvements in the appropriate element of the comprehensive plan, each concurrency facility will have capacity to serve the development at time of occupancy, or reasonably soon thereafter, at the adopted the level of service.
“Consistency” means that no feature of a plan or regulation is incompatible with any other feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration or operation with other elements in a system.
“Department” means the city of Buckley planning department.
“Determination of complete application” means information required for a complete application by city regulations has been submitted.
“Director” shall mean the city of Buckley planning department director or the director’s designee.
Effective Date of Notices. All notices provided to applicants and any members of the public shall be deemed given on the third day after deposit in the U.S. mail, first class postage prepaid.
“Ministerial” means an action that allows for little discretion and requires adherence to previous decisions or adopted rules and regulations.
“Notice of application” means a formal notice stating a submitted project meets the minimum submittal requirements as stated by appropriate codes.
“Notice of decision” means a formal notice stating a project was reviewed and decided.
Open Record Hearing.
(1) “Open record hearing” means a hearing, conducted by a single hearing body or officer, that creates the record through testimony and submission of evidence and information.
(2) An open record hearing may be held prior to a decision on a project permit to be known as an “open record predecision hearing.”
(3) An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing was conducted on the project permit.
“Parties of record” means the land use permit applicant, persons who have testified at an open record hearing, and any persons who have submitted written comments concerning the application that form part of the public record that is considered at the open record hearing.
“Project permit” or “project permit application” means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
Public Hearing. See “Open record hearing.”
Quasi-Judicial Permit. “Quasi-judicial actions of decision-making bodies” are those actions of the city council, planning commission, hearing examiner, board of adjustment, or other decision makers or hearing bodies who determine or make recommendations upon the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding.
“Review authority” is a person or board or commission authorized by city regulations to make a decision or recommendation on a project permit application or land use regulation or policy.
“Type A-1 permit or process” means a process that involves an application that is subject to clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues and therefore does not require public participation. This includes decisions regarding application of fees and codes similar to and including building and construction codes.
“Type A-2 permit or process” means a process that involves an application that is subject to objective and subjective standards that require the exercise of limited discretion about nontechnical issues and about which there may be a limited public interest.
“Type A-3 permit or process” means an application that is subject to objective and subjective standards that require the exercise of discretion about nontechnical issues and about which may be a public interest.
“Type C-1, C-2, C-3 permits or processes” means processes which involve applications that generally require the exercise of substantial discretion and about which there is a broad public interest. (Ord. 13-19 § 2, 2019).