Chapter 14.00
GENERAL PROVISIONS
Sections:
14.00.010 Purpose and applicability.
14.00.030 Conflict with other ordinances.
14.00.050 Rules of interpretation.
14.00.060 Interpretation of language.
14.00.010 Purpose and applicability.
A. This title is required by the Regulatory Reform Act, Chapter 347, 1995 Laws of Washington, codified as Chapter 36.70B RCW, for the processing of project permit applications.
B. This title specifies how the city of West Richland will timely process project permit applications subject to review under the city of West Richland Municipal Code, including WRMC Title 15 (Buildings and Construction), Title 16 (Division of Land), Title 17 (Zoning), Title 18 (Environmental Protection) and Title 19 (Signs).
C. This title shall be administered as follows:
1. The applicable administrative official may issue a formal written interpretation of a development regulation if deemed necessary or if requested by a property owner. A formal written interpretation shall be a Type II action and shall be subject to appeal provisions of WRMC 14.01.030.
2. The director of the community development department or his or her designee(s) shall interpret and apply the provisions of the titles: WRMC Title 15 (Buildings and Construction), Title 16 (Division of Land), Title 17 (Zoning), Title 18 (Environmental Protection) and Title 19 (Signs). [Ord. 20-20 § 1 (Att. A), 2020].
14.00.020 Intent.
A. The purpose of this title is to combine and consolidate the application, review and approval processes for land development in the city of West Richland in a manner that is clear, concise, and understandable. It is further intended to comply with state guidelines for combining and expediting development review and integrating environmental review. Final decisions on development proposals shall be made in a reasonable and timely manner from the date an application is deemed technically complete pursuant to WRMC 14.02.030.
B. This title is further intended to identify procedures for determining whether development proposals (with or without conditions/mitigation) are consistent with applicable policies and standards. Consistency shall be determined by considering:
1. The type of land use;
2. The level of development, such as units per acre or other measures of density or intensity;
3. Infrastructure, including public facilities and services needed to serve the development; and
4. The character of the development and compliance with applicable development standards. [Ord. 20-20 § 1 (Att. A), 2020].
14.00.030 Conflict with other ordinances.
If at any point in the West Richland Municipal Code (WRMC) there is conflict with a rule, procedure, or any substance relative to the subject matter of this title, where two rules are found to conflict, the more stringent and specific rule, procedure or substance shall supersede the other. [Ord. 20-20 § 1 (Att. A), 2020].
14.00.040 Severability.
If any section, sentence, clause or phrase of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. [Ord. 20-20 § 1 (Att. A), 2020].
14.00.050 Rules of interpretation.
For the purposes of the development regulations, all words used shall have their normal and customary meanings, unless specifically defined otherwise in this title.
A. Words used in the present tense include the future.
B. The plural includes the singular and vice versa.
C. The words “will” and “shall” are mandatory.
D. The words “may” and “should” indicate that discretion is allowed.
E. The masculine gender includes the feminine and vice versa.
F. Distances shall be measured horizontally unless otherwise specified.
G. The word “building” includes a portion of a building and a portion of the lot on which it stands.
H. Except where otherwise expressly noted, the term “days” as used in this title means calendar days, not working days. [Ord. 20-20 § 1 (Att. A), 2020].
14.00.060 Interpretation of language.
A. For the purpose of interpreting this title, certain terms or words are defined in this chapter. Except where specifically defined in this chapter, all words used in this title shall carry the customary meaning.
B. Words used in the present tense include the future and the future includes the present; the plural includes the singular and the singular includes the plural.
C. “Building” includes “structure.”
D. “Lot” includes “plot.”
E. “Occupied” or “used” shall be considered as though followed by the words “or intended,” “or arranged,” or “or designed to be used or occupied.”
F. “Shall” is mandatory. [Ord. 20-20 § 1 (Att. A), 2020].
14.00.070 Definitions.
“Applicant” means a person seeking development or permit approval from the city.
“Closed record appeal” means an appeal to the city council or hearing examiner, following an open record hearing on a project permit application, when the appeal is based on the existing record with no or limited new evidence or information allowed to be submitted and only appeal arguments are allowed.
“Date of issuance of decision” means, in the case of decisions that may be appealed administratively, the date on which the decision is mailed to all parties of record and from which the appeal period is calculated. In the case of decisions that may be appealed only to the superior court, the date prescribed by the Land Use Petition Act, Chapter 36.70C RCW.
“Decision” means the written report of findings and conclusions issued by the hearing body and forwarded to all parties of record.
“Developer” means any person who proposes an action or seeks a permit regulated by WRMC Titles 15, 16, 17, 18, and 19, inclusive.
“Development” means any land use permit or action regulated by WRMC Titles 15, 16, 17, 18, and 19, including but not limited to subdivision, binding site plans, rezones, conditional use permits, or variances.
“Development regulations” means WRMC Titles 15, 16, 17, 18, and 19.
“Director” means the director of community development or his or her designee.
“Effective date” means the date a final decision becomes effective.
“Final decision” means the final action by the director of community development, planning commission, hearing examiner, or city council.
“Open record hearing” means a hearing, conducted by a single hearing body that creates the record through testimony and submission of evidence and information, under procedures prescribed by the hearing body. An open record hearing may be held prior to a decision being issued on a project permit to be known as an “open record predecision hearing.” 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 has been held on the project permit.
“Party of record” means any person who has testified at a hearing or has submitted a written statement related to a development action and who provides the city with a complete address.
“Planned action” means a significant development proposal as defined in RCW 43.21C.031 as amended.
“Working day” means any day which the city of West Richland is open for business. [Ord. 20-20 § 1 (Att. A), 2020].