Chapter 15.08
DEFINITIONS AND USAGE
Sections:
15.08.010 Definitions for purposes of this title.
15.08.010 Definitions for purposes of this title.
A. “Applicant” means the person or entity proposing a project. “Applicant” includes private or public entities. The applicant shall be the owner of land or authorized representative. “Applicant” includes the entity or person for which an authorized representative is submitting an application.
B. “Application” means a written request to the city to issue a land use permit. Unless the context clearly requires otherwise, “application” refers to a “complete application.”
C. “City” means city of Everett.
D. “City council” means the office of city council whenever reference is made in this title to the transmittal of recommendations, requests, or other submittals to the city council.
E. “Code” or “EMC” means the Everett Municipal Code.
F. “Complete application” means an application that is technically complete and meets all requirements for a determination of completeness.
G. “Consolidated process” means a single project review process for all land use permits subject to the procedural requirements of this title, including the individual procedure option in Section 15.20.060. It does not necessarily refer to consolidating land use permits with all other permits that might be required for a project.
H. “Director” means the director of the department of planning and community development or successor agency and his/her designee.
I. “Examiner” means the city’s land use hearing examiner established under Chapter 2.23.
J. “Land division” means all forms of division of land governed by this title, such as subdivisions, short subdivisions, cluster subdivisions and cluster short subdivisions, binding site plans, boundary line adjustments, subdivision alterations and vacations, subdivision variances. For purposes of project review under this title, unless the context clearly requires otherwise, the terms “land division” and “subdivision” include the term “plat,” which refers to the map of a land division.
K. “Land use permit” means a permit, decision, or determination listed under Review Processes I through VI and does not include building or similar construction-level permits.
L. “Open public hearing” means the open record hearing under RCW 36.70B.020(3). An open public hearing may be held in order to render a project permit recommendation or decision (predecision hearing) or after a determination on which there is an administrative appeal (appeal hearing).
M. “Other agencies” means any governmental official or body with jurisdiction by law, including federal, tribal, state, regional, or local entities.
N. “Permit” means any form of written permission given to any person, organization, or agency to engage in a specific activity. A permit includes all or part of an agency permit, license, certificate, approval, registration, entitlement, or other authorization to facilitate a particular proposal.
O. “Permit date” means the date the last city staff member or official executes the project permit document (or in the case of shoreline conditional use or variance permits, the date the permit is executed by the Washington State Department of Ecology). The permit date normally appears on the face of the permit. For Review Process III, the permit date typically will be the date of the hearing examiner decision or city council ordinance, unless there is a project permit administratively signed and issued by city staff to the applicant on that decision.
P. “Planning department” means the city department of planning and community development or successor agency.
Q. “Project permit” means any land use or environmental permit or license required from the city of Everett for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption of amendment of a comprehensive plan, subarea plan, or development regulations, except as otherwise specifically included in this subsection. A SEPA determination is not a permit; a project permit typically includes any conditions required as a result of SEPA review, as provided by this title. A project permit does not include nonproject actions as defined in the SEPA ordinance (Chapter 20.04). Also see “land use permit.” Preapplication documents and early conceptual review, such as site plan review, do not require open public hearings and are not project permits under this title.
R. “Public hearing or meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the city’s project permit decision. A “public meeting or hearing” is distinguished from the single “open public hearing” that creates the record in a final project permit recommendation or decision or an administrative appeal under this title. A public meeting or hearing may be required by law and may include certain formalities, such as a public hearing on an environmental impact statement.
S. “Responsible official” means the person designated by the mayor who shall carry out the city’s procedural responsibilities as the lead agency under SEPA. The responsible official is designated in Section 20.04.080. The responsible official relates to the city’s SEPA compliance and is not necessarily the decisionmaker on a permit.
T. “SEPA” means the State Environmental Policy Act, Chapter 43.21C RCW. References to SEPA documents and requirements include those required or authorized by the state SEPA rules and by the city SEPA ordinance (Chapter 20.04).
U. “SEPA ordinance” means Chapter 20.04, which contain the city’s policies and procedures for implementing the State Environmental Policy Act (SEPA), Chapter 43.21C RCW.
V. “Zoning code” means Title 19, Zoning.
W. Incorporation by Reference. The definitions contained in the following are incorporated into this title by reference:
1. Title 18, Land Division;
2. Chapter 20.04, Environmental Policy; and
3. Zoning code, which includes the city critical area and shoreline master program regulations (Title 19). (Ord. 2530-01, Ch. 2 § 1, 2001)
15.08.020 Usage.
For purposes of this chapter, unless the context clearly requires otherwise:
A. Section and paragraph titles are not intended to have regulatory effect.
B. Any official or city governmental entity identified in this chapter includes any designee of, or successor to, that official or entity.
C. “Days” are in calendar days, including weekends and holidays. If a deadline falls on a weekend or federal, state, or city holiday, the deadline shall be extended to the close of the next business day at the applicable city office. When computing time periods, the first day shall be the date from which the designated period of time begins to run (such as the “permit date” or the date that notice is posted or mailed).
D. “Include” means including but not limited to.
E. “May” is optional and permissive and does not impose a requirement.
F. “Shall” is mandatory.
G. “Should” means encouraged but not required.
H. Singular includes plural and conversely, unless context clearly requires otherwise.
I. “Under” includes under, subject to, required by, established by, in accordance with, and similar expressions of legislative or administrative authorization and direction. (Ord. 2530-01, Ch. 2 § 2, 2001)