Chapter 19.10
GENERAL PROVISIONS
Sections:
19.10.020 Consistency with applicable codes.
19.10.040 Administration and interpretation.
19.10.050 Liberal construction.
19.10.010 Purpose.
The purpose of this title is to establish standard procedures for all land use and related decisions made by the city of Poulsbo. The procedures are designed to promote timely and informed public participation, eliminate redundancy in the application, permit review, and appeal processes, minimize delay and expense, and result in development approvals that further the city vision and goals as set forth in the comprehensive plan. As required by RCW 36.70B.060, these procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with the procedures for review of land use decisions and provide for the consolidation of appeal processes for land use decision. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.10.020 Consistency with applicable codes.
Where applicable, this title is intended to establish the procedures for determining whether development permit applications can be approved or conditionally approved to be consistent with applicable code, policies and standards. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.10.030 Definitions.
“Applicant” means the person submitting an application for development.
“Approval” means any authorization issued by the city of Poulsbo which approves a permit application.
“Building official” shall mean the designated Poulsbo building official or duly authorized designee.
“City” means the city of Poulsbo, Washington.
“City council” means the city council of the city of Poulsbo, Washington.
“City engineer” shall mean the designated Poulsbo city engineer or duly authorized designee.
“Concomitant agreement” means an agreement recorded against the title of a parcel of land under which a property owner binds the property to certain terms and conditions in exchange for development approval.
“Counter complete” means the determination made by the planning director at the time of submittal, that a permit application includes all the necessary documents and pieces of information identified in the preapplication conference summary letter.
“Development regulations” means the controls placed on development or land use activities, including but not limited to zoning, critical areas, shoreline master programs, subdivisions, clearing and grading.
“Hearing examiner” means the administrative hearing examiner set forth in Chapter 2.46.
“Liberal construction” means interpretation of a document not only on the basis of actual words and phrases used in it, but by also taking its deemed or stated purpose into account.
“Open record public hearing” means a hearing that creates the city’s record on a permit application through testimony and submission of evidence and information, under procedures prescribed by the city.
“Optional determination of nonsignificance (DNS)” means project proposal which is processed under the optional DNS process set forth in Section 16.04.115 and WAC 197-11-355.
“Parties of record” means for purposes of this title, parties of record are for technically complete projects submitted to the city, and means:
1. The applicant.
2. The property owner, if different than the applicant.
3. The city.
4. Any person or public agency who individually submitted written comments to the city prior to the closing of the comment period provided in a legal notice.
5. Any person or public agency who individually submitted written comments for or testified at a public hearing.
6. Any person or public agency who submitted to the city a written request to specifically receive the notice of decision or to be included as a party of record for the project.
7. A party of record does not include a person who has only signed a petition.
Permit Application. Permit applications include Type I, II, III, IV and V permits listed in Table 19.20.020.
“Permit intake appointment” is an appointment made by an applicant with a member of the planning and economic development department, in order to submit a land use permit application with the city.
“Planning commission” means the planning commission of the city of Poulsbo, Washington.
“Planning director” means the planning director of the Poulsbo planning department or the director’s authorized representative.
“Public meeting” means an informal meeting, workshop or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit application prior to the city’s decision. A public meeting does not include an open record hearing and decisions on a project will not be made at a public meeting.
“Review authority” means the person or body responsible for interpreting and/or deciding a land use permit or activity, and as identified in Table 19.20.020.
“SEPA” means the State Environmental Policy Act and includes the provisions of Chapter 43.21C RCW, Chapter 197-11 WAC, and Chapter 16.04.
“Technically complete” means the determination made by the planning director that a permit application and associated documentation contain sufficient information and detail to proceed with the review process; such determination shall not be interpreted to mean that the application meets all applicable standards. A preliminary substantive review is completed during the determination process. Additional or revised information may be required during the review process. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.10.040 Administration and interpretation.
A. The planning director shall be responsible for the interpretation and administration of the provisions of this title. The director’s interpretation and administration shall be in keeping with the spirit and intent of this title, Chapter 36.70B RCW and the comprehensive plan.
B. Within this title, when the planning director is identified as responsible for a procedural action, this authorization includes the director’s authorized city representative; further, the action made by the planning director or authorized city representative may occur upon consultation with other development review department staff.
C. Should a conflict arise between the provisions of this title or between this title and the laws, regulations, codes or rules promulgated by other authority having jurisdiction within the city, the most restrictive requirement shall be applied, except when constrained by federal or state law, or where specifically provided otherwise.
D. Relative to land use permitting and development, the administration and interpretation of the Poulsbo Municipal Code shall be as follows: the planning director shall interpret and apply the provisions of Title 16, applicable portions of Titles 15, 17 and 18. The city engineer shall interpret and apply applicable provisions of Titles 12, 13, and 15. The building official shall interpret and apply the applicable provisions of Title 15 and the International Building Code. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.10.050 Liberal construction.
This title shall be liberally interpreted and construed to give full effect to the purposes, goals, objectives and policies for which Chapter 36.70B RCW and this title were enacted, and the rule of strict construction shall have no application. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.10.060 Severability.
If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances, is not affected, and to this end the provisions of this code are declared to be severable. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)