Chapter 17.72
ADMINISTRATION
Sections:
17.72.010 Administrative authority.
17.72.060 Minimum requirements.
17.72.010 Administrative authority.
The authority to administer and to enforce this title is granted to the mayor or his designate as provided for in this section.
A. Mayor or His Designate. The mayor or his designate shall administer and enforce this title and shall:
1. Issue all building permits, certificates of occupancy, and maintain records thereof;
2. Issue all variance and conditional use permits which have been granted under the provisions of Chapter 17.13, Project Permit Review Procedures, and Chapter 17.64, Conditional Uses and Variances, and maintain records thereof;
3. Conduct inspections which are necessary to ensure compliance with the regulations of this title;
4. Make a determination from public records concerning nonconforming uses and issue written statements of intent to all violators of the nonconforming use regulations of this title. The statements shall be sent by certified mail;
5. Perform all other duties as assigned to him by this title.
B. Hearing Examiner. The hearing examiner performs the following functions:
1. Establishes the rules and regulations as are necessary to perform his or her functions. (Ord. 1088 § 18 (part), 2003: Ord. 757 § 4 (part), 1993; Ord. 387 (part), 1982)
17.72.020 Interpretation.
When it is the case that there is confusion regarding the purpose of a particular section or subsection of this code, it is the responsibility of the city attorney to interpret the title. When there is confusion regarding how a particular section or subsection of this code is to be applied in an individual instance, it is the responsibility of the mayor or his designate to interpret the title. The interpretations shall be strictly in accordance with the provisions of this section and those of Section 17.72.060.
A. Application of Standards. In the interpretation and application of the title it is the minimum standards which shall apply for the protection and promotion of the public health, morals, safety, comfort and general welfare.
B. Overlapping Regulations. Whenever this title imposes a restriction which is greater than any other restriction on the use of buildings, the provisions of this title shall apply.
C. Other Permits and Agreements.
1. Building Permits Issued Before the Effective Date of This Title. All building permits issued before the effective date of the ordinance codified in this title are considered valid, provided:
a. That the building permit was issued prior to the effective date of the ordinance codified in this title,
b. That the permit has not expired prior to the effective date of the ordinance codified in this title,
c. That construction was begun as provided for by the permit prior to the effective date of the ordinance codified in this title and is being carried on under the terms of that permit;
2. Occupancy Permits. Any new building completed but unoccupied prior to the effective date of the ordinance codified in this title must receive an occupancy permit prior to the occupancy. (Ord. 1088 § 18 (part), 2003: Ord. 757 § 4 (part), 1993; Ord. 387 (part), 1982)
17.72.030 Procedures.
The following procedures shall govern the application and hearing of all rezones, development regulation code amendments and comprehensive plan text and map amendments.
A. Development Regulation Code Amendments. From time to time, it may be necessary to amend development regulations within the code to allow for the implementation of the comprehensive plan. Petitions or applications for development regulation code amendments shall be evaluated on their compatibility with the goals, objectives, policies and recommendations of the comprehensive plan. Development regulation code amendments may be initiated by the city at any time. Development regulation code amendments may be initiated by citizens, the planning commission, or any interested party including applicants, hearing examiners, and staff of other agencies through the docketing procedure described below.
1. Docketing of Code Amendments. In order to provide a method for development regulation code amendments to be initiated by citizens, the planning commission, or any interested party including applicants, hearing examiners, and staff of other agencies suggested amendments shall be docketed and considered by the city council on at least an annual basis, consistent with the provisions of RCW 36.70A.130.
2. Filing of Development Regulation Code Amendments. Written requests for amendments to development regulations in the Mukilteo Municipal Code, together with all relevant supportive or explanatory material, shall be submitted to the planning and community development department. The city shall establish a start and ending date for the call for acceptance of written requests and shall advertise the call. The planning and community development director shall file all such written requests with the city clerk, and make the amendment requests available to the public. Development regulation code amendment requests initiated by citizens, the planning commission or any interested party shall be docketed for possible consideration for inclusion in the development regulations. The city council shall review the staff recommendation on the docketing list at a public hearing, at least annually, to determine their consistency with the comprehensive plan and to prioritize the review of such amendment requests. The city council shall determine which of the requests by citizens, the planning commission or any interested party shall be placed on the final docket.
3. Review of Development Regulation Code Amendments. Only development regulation code amendments initiated by the city or placed on the final docket shall be reviewed. The planning commission may request other city boards or agencies or other governmental entities to provide comments and recommendations on development regulation code amendments. The comments and recommendations must be submitted to the city by the date of the planning commission’s hearing unless the city grants an extension of time. In proposing any changes to its development regulations, the city shall notify the Department of Community, Trade and Economic Development (CTED) of its intent to adopt such regulations in accordance with state requirements. The city shall transmit a complete and accurate copy of its development regulations to CTED.
4. Letters of Support or Objection. Letters of support or objection to a proposed development regulation code amendment may be filed by any interested party. The letters must be filed in accordance with adopted public hearing and testimony requirements.
5. Processing of Code Amendments. A public hearing shall be held by the planning commission on the proposed development regulation code amendment after the proposed amendment has been reviewed for consistency with the comprehensive plan.
a. The planning commission may continue the public hearing as necessary to assure a fair and reasonable decision. Upon completion of the public hearing, the planning commission shall issue findings, conclusions and recommendations on the development regulation code amendment request.
b. The planning commission’s decision to approve a development regulation code amendment shall be made in the form of a recommendation to the city council.
6. City Council Action. Upon receipt of a development regulation code amendment recommendation from the planning commission, the city council shall consider the matter at a public meeting, and may take the following actions: (a) they may concur with the planning commission’s recommendation and adopt the ordinance substantially in the form as presented; (b) remand the matter to the planning commission with instructions regarding the city council’s concerns and direction; or (c) conduct another public hearing prior to making any substantial change in the development regulation code amendment recommended by the planning commission.
7. Notice of Public Hearing. Notice of all public hearings must be advertised at least once in a local newspaper of general circulation in accordance with state and local laws and, in addition, notice must be posted at the city’s regular posting locations and mailed to anyone listed as a party of record at least ten days in advance of the public hearing. The notification shall contain at least the following information: notice of the time, place and purpose of the public hearing, a general description of the proposed action, and a statement that the text of the development regulation code amendment may be reviewed at the planning department.
B. Comprehensive Plan Text and Map Amendments. The city in carrying out its comprehensive plan review function may find instances where it is necessary to amend all or part of the plan’s text and/or maps. The following procedural steps shall govern any amendments to the comprehensive text and/or map(s):
1. Initiation of Text and Map Amendments. The city’s comprehensive plan shall be subject to continuing evaluation and review by the city. Any amendment or revision to the comprehensive plan shall conform to Chapter 36.70A RCW.
a. Comprehensive plan amendments may be initiated from citizens, by the planning commission, city staff, by the city council, or any other interested persons including applicants, hearing examiners and staff of other agencies. The proposed amendments or revisions to the comprehensive plan shall be docketed and considered by the city no more frequently than once every year except that amendments may be considered more frequently under the following circumstances: (1) the initial adoption of a subarea plan; and (2) the adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW.
b. All amendment proposals shall be considered by the city concurrently so the cumulative effect of the various proposals can be ascertained. However, the city may adopt amendments or revisions to its comprehensive plan that conform with Chapter 36.70A RCW whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with the growth management hearings board or with the court.
c. The city shall periodically review the densities permitted within its boundaries, and to the extent to which urban growth has occurred within the city according to the timetable established by the Growth Management Act. The city shall revise its projected population figures to accommodate the urban growth projected to occur in the city for the succeeding twenty-year period.
2. Preparation of Plan Text and Map Amendments. It is the responsibility of the planning commission to review and oversee the preparation of all materials to express, explain, or depict the various aspects or elements of the text or map amendments including that documentation required by the State Environmental Policy Act. The planning commission also has the responsibility to approve all findings of fact and recommendations which are to be transmitted to the city council for their consideration.
3. Filing of Text and Map Amendments. Written requests to amend the comprehensive plan, together with all relevant supportive or explanatory material, shall be submitted to the planning department. The city shall establish a start and ending date for the call for acceptance of written requests, and such shall be advertised in accordance with the city’s noticing requirements. The planning director shall file all such written requests with the city clerk, and make the amendment requests available to the public. All plan amendment requests shall be docketed for possible consideration for inclusion in the comprehensive plan or development regulations.
4. Review of Text and Map Amendment. The planning commission may request other city boards or agencies or other governmental entities to provide comments and recommendations on comprehensive plan amendments. The comments and recommendations must be submitted to the city by the date of the planning commission’s hearing unless the city grants an extension of time. In proposing any changes to its comprehensive plan, the city shall notify the Department of Community, Trade and Economic Development (CTED) of its intent to adopt such amendments at least sixty days prior to final adoption. The city shall transmit a complete and accurate copy of its comprehensive plan to CTED in accordance with state law.
5. Letters of Support or Objection. Letters of support or objection to a proposed comprehensive plan amendment may be filed by any interested party. The letters must be filed by the date of the public hearing unless an extension of time is granted.
6. Processing of Text and Map Amendments. The city may use any or all of the following techniques to provide for early and continuous public participation in the development and/or amendments of the city’s comprehensive plan: opportunity for written comments, public meetings, provision for open discussion, communication programs, information services, and consideration of and response to public comments.
a. The planning commission shall make its findings of fact and recommendation on a proposed amendment at public hearing. The commission shall make one of four decisions in considering text and map amendments:
i. Approval in the form submitted for public hearing;
ii. Approval with changes;
iii. Approval in part;
iv Disapproval.
b. Planning commission decisions are by majority vote of its members.
7. Public Hearing and Transmittal of Decision. Prior to placing a proposed plan text and/or map amendment and its supportive documentation on file with the city clerk, the planning commission shall establish a date for public hearing. Upon reaching a decision at public hearing, the planning commission shall transmit to the city council its findings of fact and recommendations. The mayor shall acknowledge the receipt of the commission’s findings and recommendations and make the findings and recommendations a part of the permanent file.
8. City Council Action.
a. Upon receipt of the commission’s findings and recommendations on the comprehensive plan and map amendments, the council shall consider the proposed amendment at public meeting. The council in its consideration shall make one of the following decisions:
i. Approval in accordance with the findings and recommendations submitted by the planning commission;
ii. Approval with modifications; provided, that the council shall hold its own public hearing before making any substantial modification to any comprehensive plan amendment recommended by the planning commission;
iii. Refer all or part of the plan text or map amendment proposal back to the planning commission for further consideration;
iv. Disapprove.
b. If the council’s decision is alternative (iii), the council must specify which matters it wishes reconsidered by the planning commission. The final form and content of the comprehensive plan is determined by the city council. A majority vote of the total membership of the council is required for the council to make its decision.
9. Notice of Public Hearing. Notice of all public hearings will be made in accordance with state and local laws.
10. Final Filing with City Clerk. The comprehensive plan together with any and all amendments shall be provided to the city clerk to be placed in a permanent file and made available for public inspection.
11. Appeals of Decisions. All requests for review by a growth management hearings board shall be initiated by filing a petition in accordance with Chapters 36.70A, 43.21C or 90.58 RCW. Only parties of record may initiate an appeal of the city council’s final decision.
C. Rezones. To allow for implementation of the comprehensive plan, rezones may occur outside of the comprehensive plan amendment procedures as long as the rezone is consistent with the most recently adopted comprehensive plan. If a rezone request is inconsistent with the adopted comprehensive plan, the applicant may request an amendment to the comprehensive plan as outlined in subsection B of this section.
1. Applications for rezones shall be evaluated on the following criteria:
a. How does the proposed rezone relate to the existing land uses and zoning of the surrounding or nearby properties?
b. How does the rezone serve the general public health, safety and welfare?
c. In the case of unimproved property, is the property suitable for the purpose for which it has already been zoned and is it suitable for the purpose for which it is proposed to be zoned?
d. In the case of a downzone, what is the relative gain to the public as compared to the hardship imposed on the individual property owner and how does the downzone promote the public health, safety and welfare?
e. In the case of a downzone, will the consequent restricts preclude all reasonable economic use of that land?
2. The following procedures shall govern the consideration of a rezone application:
a. Initiation of Rezones. Applications for site specific rezones may be submitted by any property owner or their assigned agent, the planning commission, city staff or the city council as long as the request is consistent with the adopted comprehensive plan.
b. Review of Rezones. All site specific rezone applications shall be processed in accordance with Mukilteo Municipal Code Chapter 17.13, Project Permit Review Procedures. (Ord. 1194 § 2, 2008; Ord. 1088 § 18 (part), 2003: Ord. 914 §§ 1, 2, 1997; Ord. 829 §§ 9, 10, 1995; Ord. 640 § 1, 1989; Ord. 541 § 1, 1986; Ord. 519 § 1 (part), 1985; Ord. 387 (part), 1982)
17.72.050 Jurisdiction.
The provisions and standards contained in this title are held to be minimum standards with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative discretion of the city council to further restrict the permissive uses, or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards set forth in this title, the promotion and protection of the public health, safety and welfare bears a substantial relation to the withholding, denial or revocation of permits or uses. (Ord. 387 (part), 1982)
17.72.060 Minimum requirements.
In their interpretation and application, the provisions of this title are held to be minimum requirements adopted for the public health, safety and general welfare. Whenever the requirements of this title differ from the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standards shall govern. It is not intended by this title to interfere with or abrogate or annul any easements, covenants, restrictions or other lawful agreements between private parties. (Ord. 387 (part), 1982)