Title 15
ADMINISTRATION OF DEVELOPMENT REGULATIONS

Chapters:

15.02 Purpose

15.04 Definitions

15.06 General Provisions

15.08 Temporary Permits

15.10 Legal Nonconforming Uses

15.12 Enforcement

15.13 Office of the Hearing Examiner

15.14 State Environmental Policy Act

15.16 Classification of Permits by Type

15.18 Type I Permit Procedure (SEPA Categorically Exempt Building, Clearing and Grading Permits, Sign Permits, Boundary Line Adjustments, Final Plats, Permit Type Classification, Temporary Use Permits, Miscellaneous Administrative Decisions)

15.20 Type II Permit Procedure (SEPA Nonexempt Building, Clearing and Grading Permits, Short Plats, Binding Site Plan, Procedural and Substantive SEPA Decisions, Critical Area Permits and Reasonable Use Exceptions)

15.22 Type III Permit Procedure (Variances, Conditional Use Permits)

15.24 Type IV Permit Procedure (Preliminary Plat, PUD, Site-Specific Rezones)

15.27 Diagrams of Types I through IV Processes

15.30 Provisions Relevant to All Permits

15.32 Legislative Actions

15.34 Variances

Chapter 15.02
PURPOSE

Sections:

15.02.010 Purpose.

15.02.010 Purpose.

The purpose of these development regulations, and this title in particular, is to:

A. Implement the comprehensive plan;

B. Comply with regulatory reform legislation;

C. Combine the environmental review process with the permit review process;

D. Eliminate conflict, overlap, and duplication between the various permit processes;

E. Standardize permit processes by type;

F. Reduce the cost and time needed to obtain land use permits; and

G. Make it easier for the public to know how and when to comment on land use proposals. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

Chapter 15.04
DEFINITIONS

Sections:

15.04.010 Generally.

15.04.020 Definitions.

15.04.010 Generally.

Definitions pertinent and appropriate to the enforcement of these regulations are set forth as a matter of clarification for those instances where words or phrases may have a technical connotation not commonly understood or defined. Words used in the present tense include the future. All words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally and shall be measured from the farthermost extremities of the object being measured. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.04.020 Definitions.

“A-board (or sandwich board) sign” means a sign consisting of two panels hinged or attached at the top or side, designed to be movable and stand on the ground, and that has no permanent attachment to a building, structure or ground.

“Abutting” means land having a common property line or district line or separated only by a private street, alley or easement.

“Access” means the place, means or way by which pedestrians or vehicles have safe, adequate and usable ingress and egress to a property, use or parking space.

“Accessibility” means the ability for a building, structure or object to be approached or entered.

“Accessory building” means a subordinate building, the use of which is incidental to the use of the principal building on the same lot.

“Accessory dwelling unit (ADU)” means a habitable living unit added to, created within, or detached from a single-family dwelling that contains facilities for living, sleeping, eating, cooking and sanitation.

“Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use.

“Administrator” means the administrator of development regulations per EMC 15.06.050, or that person’s designee.

“Adult arcade” means a movie arcade or game (coin) arcade which emphasizes matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult bookstore” means an establishment which, as a principal business purpose, offers to customers books, magazines, films or videotapes (whether for viewing on-premises or off-premises), periodicals, or other printed or pictorial materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult cabaret” means an establishment whose primary business is offering live entertainment to customers which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult lounge” means an adult cabaret which is permitted or licensed by the state to serve or sell alcoholic beverages.

“Adult novelty shop” means an establishment which, as a principal business purpose, sells products which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult-oriented business” means any adult arcade, adult bookstore, adult theater, adult novelty shop, adult cabaret, adult lounge, massage parlor, nude modeling studio, or any other similar commercial enterprise whose major business is the offering of a service which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult theater” means an establishment which, as a principal business purpose, exhibits to customers motion pictures which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Alley” means a minor way used primarily for vehicular service access to the back or side of properties otherwise abutting on a street, and not intended for general travel. Alleys are counted as streets for the purpose of signing.

“Alterations” means a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending sides or increasing the height or depth or the moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting any portion of a single floor area shall be considered an alteration.

“Animated sign” means any sign which moves or contains moving graphics or lettering. These include signs with visible moving, revolving or rotating parts or visible mechanical movement; signs with blinking, flashing, moving, scrolling or changing sign copy (including background, text, design, colors) or other apparent visible movement achieved by electrical, electronic or mechanical means.

“Antenna” means poles, panels, rods, reflecting discs, or similar devices used for the transition or reception of radio frequency signals, including omni-directional (“whip”) antennas, directional (“panel”) antennas, and parabolic (“dish”) antennas.

“Apartment house” means a building or portion of a building arranged or designed to be occupied as three or more separate dwelling units.

“Applicant” means a person who files an application for permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person.

“Architectural consistency” means the development of structures is to be of the same type of architecture as the primary structure and/or other neighboring structures.

“Architectural feature” means the exterior architectural treatment and general arrangement of the portions of an improvement and site as shall be open to external view including, but not by way of limitation, the kind, color and texture of building materials, types of windows and doors, attached or detached signs, landscaping, screens, parking lots, exterior lighting, walkways and other fixtures appurtenant to such portions.

“Arterial” means a street so identified in the comprehensive plan’s transportation chapter, including principal, minor, and collector arterials.

“Assisted care living facility” means a facility which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent or nursing home. Such a facility has independent dwelling units which typically have individual restrooms and kitchenettes and may also have communal dining rooms, kitchen areas, recreational areas and leisure rooms.

“Attached WCF” means an antenna attached to a preexisting building, utility pole, water tower, or other structure, together with associated connection cables and an equipment shelter which may be located either inside or outside of the attached structure.

“Auto wrecking” means the dismantling or disassembling of used motor vehicles or mobile homes, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.

“Awning” means a metal-framed structure, covered in fabric or metal, which is attached to and projects from the front facade of a building.

“Awning (or marquee) sign” means a sign affixed to or painted on the surface of an awning (or marquee).

“Banner” means a sign made of cloth or similarly flexible material, with or without copy, that is attached to a building, pole, or fence.

“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. A basement, when designed for or occupied by business or manufacturing, shall be considered a story.

“Bed and breakfast” means any facility offering not more than five lodging units to travelers and transient guests for periods of less than 30 days per year with limited food service operations only.

“Berm” means an earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

“Billboard (or off-premises) sign” means a sign with copy pertaining to a person, event, business, or service which exists on a site other than that on which the sign is located.

“Block” means a piece or parcel of land entirely surrounded by public highways, streets, streams, railway right-of-way, parks, etc., or a combination thereof.

“Boardinghouse” means a dwelling in which not more than four roomers, lodgers and/or boarders are housed and fed.

“Buffer” means a combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.

“Building” means any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, then the term “building” means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for closable windows and doors.

“Building facade” means a building wall which fronts a public or private street or parking area. Surface area shall be the height times the width of the facade, and shall be measured in square footage.

“Building height” means the vertical distance from the established grade to the highest point of the roof or parapet wall.

“Building line” means the line of that face, corner, roof or part of a building nearest the property line.

“Building official” means the official charged with the administration of EMC Title 16.

“Building permit” means any permit required by EMC Title 16 other than sign permits.

“Building sign” means a sign mounted on or supported by a building. Building sign types include wall, projecting, awning and suspended signs.

“Building site” means a total horizontal area within the property lines excluding external streets, public or private.

“Caliper” means a measuring device and term used to identify the diameter of tree trunks.

“Capital facilities plan” means the capital facilities element of the comprehensive plan.

“Carport” means a stationary structure to house or protect motor vehicles owned or operated by the occupants of the principal building and which is at least 40 percent of the total area of its sides, open to the weather.

“Categorically exempt” describes an action which does not significantly affect the environment, does not require an environmental checklist, and is listed in WAC 197-11-800.

“Certificate of occupancy” means a permit to occupy a premises issued by the building official after inspection has verified compliance with the requirements and provisions of this title and applicable building codes.

“City” means the city of Enumclaw.

“Clinic” means a building designed and used for the medical, dental or surgical diagnosis or treatment of patients under the care of doctors and/or nurses providing no overnight patient care.

“Club” means an incorporated or unincorporated association of persons organized for a social, fraternal, athletic, educational, literary or charitable purpose. Property occupied by a club is semiprivate and shall be subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business.

“Collection point” means the location of storage of recyclables for collection.

“Collector arterial” means a street so identified in the transportation chapter of the comprehensive plan.

“Co-locate” means to mount more than one wireless communication antenna or similar equipment on a single wireless support structure.

“Commercial kennel” means any lot or building in which four or more dogs and/or cats at least four months of age are kept commercially for board or propagation or treatment.

“Commercial use” means an activity with goods, merchandise or services for sale or involving a rental fee.

“Commercial vehicle” means a motor vehicle used for purposes other than a family car, such as a taxi, delivery or service vehicle.

“Compensation project” means actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring and contingency actions.

“Compensatory mitigation” means replacing project-induced critical area losses or impacts, and includes, but is not limited to, the following:

1. “Restoration” means actions performed to reestablish critical area functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area where a critical area formerly existed, but which no longer meets the definition of a critical area;

2. “Creation” means actions performed to intentionally establish a critical area at a site where it did not formerly exist;

3. “Enhancement” means actions performed to improve the condition of existing degraded critical areas so that the functions they provide are of a higher quality.

“Comprehensive plan” means the Enumclaw comprehensive plan.

“Conditional use” means a use permitted in one or more zones as defined by this title but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones. A conditional use is a form of special exception.

“Construction sign” means a temporary sign erected for the purpose of announcing future building plans and identifying the owner, architect, engineer, building contractor and/or other persons responsible for the development of the site.

“Copy” in reference to a sign means any symbols, letters, designs or other elements on the face of a sign.

“Corner lot” means either a lot or development site bounded on at least two sides by streets.

“Council” means the Enumclaw city council.

“Critical aquifer recharge area” means those areas that have been identified as having a critical recharging effect on aquifer use for potable water in community water systems.

“Critical area management easement” means a recorded easement for the property on which critical areas and compensation areas are located. The easement shall identify all deed restrictions.

“Critical areas” means one or a combination of wetlands, aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas, per Chapter 19.02 EMC.

“Crown” means the top portion of a berm or tree, including the foliage and branches.

“Day care center” means an agency which regularly provides care for a group of 13 or more children for periods less than 24 hours per day, not necessarily in the home of the provider.

“Day care home” means a dwelling unit, school or church that regularly provides care for a period of less than 24 hours per day for no more than 12 children.

“Dedication” is the deliberate appropriation of land by its owner for any general or public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.

“Depth,” when referring to a lot, means the average distance from street right-of-way to the rear lot line, which is the lot line opposite and most distant from the right-of-way line.

“Detached building” means a building surrounded on all sides by open space.

“Determination of completeness” means a notice to the effect that a permit application is complete.

“Development” (as defined for the purposes of signing) means a single building on a single parcel, or multiple buildings on a single parcel, or a single building or business on multiple adjacent parcels.

“Development activity” means any construction or expansion of a building or structure; or the siting of a mobile home; or any change in use of a building or structure or mobile home; or the subdivision of land; or the seeking of plat approval, PUD approval, mobile home park district approval, boundary line adjustment, or conditional use permit approval; or any change in use of land that creates additional demand and need for public streets and roads, publicly owned parks, open space and recreational facilities, fire protection facilities and equipment, and school facilities.

“Development regulations” means EMC Titles 15 through 19.

“Development site” means either (1) a lot of record existing on the effective date of the ordinance codified in this title, (2) a tract of land either unsubdivided or consisting of two or more contiguous lots of record, located within a single block which on the effective date of the ordinance codified in this title was in single ownership, or (3) a tract of land, located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy) is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit under single ownership. A development site, therefore, may or may not coincide with a lot as shown on the official tax maps of the city or on any recorded subdivision plat or deed. For the purpose of this definition, ownership of a development site is deemed to include a lease of not less than 50 years’ duration, with an option to renew such lease so as to provide a total lease of not less than 75 years’ duration.

“Directional sign” means a sign limited to directional messages, such as “one-way,” “entrance,” and “exit.” Directional signs indicate entrance, exit, one-way circulation, drive-up window, etc., and contain no advertising matter beyond that necessary to accomplish their directional purpose.

“District” means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.

“DNS” means determination of nonsignificance per the State Environmental Policy Act.

“Drive-in,” as an adjective, refers to sales or service predominantly rendered to patrons in automobiles upon the premises.

“DS” means determination of significance per the State Environmental Policy Act.

“Duplex” means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate housekeeping facilities.

“Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with housekeeping facilities for living, sleeping, cooking and eating.

“EIS” means environmental impact statement per the State Environmental Policy Act.

“Electronic message center sign” means any sign on which the copy (including background, text, and design) changes through the use of electronics.

“EMC” means the Enumclaw Municipal Code.

“Encumber,” with respect to impact fees, means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for planned facilities.

“Equipment shelter” means a room, cabinet, building, or vault used to house wireless communication equipment.

“Essential public facility” means, but is not limited to, those facilities that are typically difficult to site such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, hazardous waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities.

“Established grade” means the high point of the sidewalk at the front or side lot line as established by the city.

“Evergreen” means a plant with foliage that persists and remains green year-round.

“Exotic” means any species of plants or animals that are foreign to the planning area.

“FAA” means the Federal Aviation Administration.

“Facade” means an exterior building wall or face. Surface area shall be the height times the width of the facade, and shall be measured in square feet.

“Family” means one or more persons related by blood, marriage, adoption or a group of not more than five unrelated persons, excluding servants, living together as a single, nonprofit housekeeping unit in a dwelling unit.

“Family home for adults” means a dwelling unit regularly providing care on a 24-hour basis for adults 18 years or older who, because of age, physical disability, mental confusion or disturbance, or who suffer from mental deficiency which renders them incapable of assuming those responsibilities expected of the socially adequate person, require supervision in personal and health care. The amount of occupants for a family home for adults shall be consistent with the amount of occupants identified in the definition for “family.” Secure community transition facilities are neither “family homes for adults” nor “halfway houses” as defined herein; they are classified as a separate use.

“FCC” means the Federal Communications Commission.

“Fee payer,” with respect to impact fees, means any entity commencing a development activity which creates demand for planned facilities and for which a permit is required.

“Fence sign” means a sign attached to and supported by a fence with the exposed face of the sign parallel to the plane of the fence.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with King County.

“Fire impact fee” means the impact fee designated to pay for fire department facilities and equipment.

“Fish and wildlife habitat conservation areas” means:

1. Areas with which endangered, threatened and sensitive species have a primary association;

2. Habitats and species of local importance which include a seasonal range or habitat element with which a given species has a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration such as cliffs, talus and wetlands. Species of local importance are those species that are of local concern due to their population status or their sensitivity to habitat manipulation or that are game species;

3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than three years’ duration) and landscape amenities. However, naturally occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority;

4. Lakes, ponds, streams and rivers planted with game fish, including fish planted under the auspices of a federal, state, local or tribal program or which supports priority fish species as identified by the Department of Fish and Wildlife.

“Foster family home” means a dwelling unit providing care on a 24-hour basis to children under the age of 18 years or to expectant mothers. The amount of occupancy for foster family homes shall be consistent with the amount of occupants in the definition for “family.”

“Freestanding sign” means a sign which is not supported by a building. Freestanding sign types include monument, pole and fence signs.

“Frequently flooded areas” means floodplains and other areas subject to a one percent or greater chance of flooding in any given year.

“Front yard” means a yard extending between lot lines which intersect a street line, the depth of which is the minimum horizontal distance between the street line and a line parallel thereto on the lot.

“Functions and values” means the beneficial roles served by wetlands including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, ground water recharge and discharge, erosion control, wave attenuation, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.

“Grade,” in reference to a building, means the average of the finished ground level at the center of all walls.

“Grand opening sign” means a temporary sign celebrating or promoting the period beginning on or shortly after the date when a new business or use is open. Grand opening signs must be related to: a change of business location, construction of a new business structure, major remodeling, change of ownership, change of name, or change in the type of business.

“Gross floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walks and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways and open spaces.

“Groundcover” means low-growing plants, typically less than 24 inches at maturity, other than turf grasses.

“Half story” means any basement or cellar which has less than six feet of its height above grade.

“Halfway house” means an institution that provides a sheltered and transitional environment for a maximum of four persons emerging from mental institutions, prisons or similar facilities and helps to ease their return to society.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor by amendment or modification, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor by amendment or modification.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC or its successor.

“Hazardous waste treatment” means the physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC or its successor.

“Hearing” means an open-record hearing per RCW 36.70B.020(3).

“Hearing examiner” means the individual who interprets, reviews, and implements land use regulations, hears appeals from orders, recommendations, permits, decisions or determinations made by city officials as set forth in Chapter 15.13 EMC, and reviews and hears other matters as provided for in city code and other ordinances.

“Hedge” means a landscape barrier consisting of a continuous, dense planting of shrubs.

“Home occupation” means any occupation in which:

1. No sign is used other than a business nameplate not over four square feet in area;

2. There is no display that will indicate from the exterior that the building is being used for any purpose other than a dwelling;

3. There is no outside storage of materials other than plant material;

4. Only residents of the home are employed;

5. The building retains the characteristics of a residence; and

6. The use does not destroy the residential character of the neighborhood.

“Hospital” means an establishment which provides accommodations, facilities and services over a continuous period of 24 hours or more for observation, diagnosis and care of two or more individuals, not related by blood or marriage to the operator, who are suffering from illness, injury, deformity or abnormality or from any condition requiring obstetrical, medical or surgical services.

“Illegal sign” means a sign that does not meet the sign requirements of the sign regulations of Chapter 19.10 EMC and has not received legal nonconforming status.

“Illuminated external sign” means a sign with a lighting source that is not part of or attached to the sign but which reflects onto the sign to enhance its readability.

“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

“Impact fee” means a payment of money imposed by the city on development activity pursuant to this chapter as a condition of issuing a permit in order to pay for the planned facilities needed to serve new growth and development activity. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations, or the administrative fee required for an appeal pursuant to ordinance or resolution. “Facilities,” as used in this definition, include, but are not limited to, transportation, park, fire, and school facilities.

“Impact fee account” means the account or accounts established for the planned facilities for which impact fees are collected. The accounts shall be established pursuant to ordinance, and comply with the requirements of RCW 82.02.070.

“Improvement” means any building, structure or other improvement to real property. It includes street improvements, street furniture, park developments, private and public schools, commercial and business developments, public utility and governmental buildings and structures, religious institutions, hotels, motels, apartment houses and other multifamily dwellings, hospitals, rest homes and other similar developments and commercial and noncommercial recreational areas. It does not include underground wires, pipes or other similar underground utility installations.

“In-kind compensation” means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in-category.”

“Informational sign” means a sign limited to informational messages, such as “drive-up window” or “one-way” circulation. Informational signs indicate entrance, exit, one-way circulation, drive-up window, etc., and contain no advertising matter beyond that necessary to accomplish their informational purpose.

“Isolated wetlands” means those regulated wetlands which are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.

“Kitchen” means any room used or intended or designed to be used for cooking and/or preparation of food.

“Landowner” means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit development. A contract purchaser or any other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of this title.

“Landscaping area” means a planted area consisting of various ornamental plant specimens and mulched with bark, cinders or other attractive material.

“Large inflatable object (balloon)” means a large balloon or balloon-like object, greater than 18 inches in any dimension, that uses blown air or any gas to keep it inflated or upright.

“Lattice tower” means a wireless support structure which consists of crossed metal braces forming a tower which is usually triangular or square in cross-section.

“Legal nonconforming use” means a use, structure, or improvement which was legal prior to passage of a development regulation to which it does not conform, and which remains legal only by virtue of these development regulations’ provisions for legal nonconforming uses.

“Loading space” means an off-street space or berth on the same lot with a principal building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading and which abuts a street, alley or other appropriate means of ingress and egress.

“Logo” means a graphic symbol, picture, image, or lettering used repeatedly by a business in connection with other advertising to promote the sale of goods and services by the owner of the logo.

“Lot” means a parcel of land capable of being individually sold or leased, whether described by plat or by metes and bounds. Refer to EMC 17.04.050.

“Lot coverage” means that portion of a lot which, when viewed directly from above, would be covered by a building or any part of a building.

“Major structures and improvements” means projects which require a threshold determination and environmental documentation under the State Environmental Policy Act (SEPA).

“Mansard” means a sloped roof or building facade architecturally comparable to a building wall.

“Marquee” means a solid architectural projection over the exterior building entrance other than a roof or fascia.

“Menu sign” means a sign used only in conjunction with drive-through windows, and which contains a price list of items for sale at that drive-through establishment. Menu signs cannot be used to advertise the business to passersby: text and logos must be of a size that can only be read by drive-through customers and that cannot be read from public property.

“Mini day care home for children” means a dwelling unit that regularly provides care for a period of less than 24 hours per day for from seven to 12 children.

“Mitigation” includes avoiding, minimizing or compensating for adverse impacts. Mitigation for individual actions may include a combination of measures. Mitigation, in the following order of preference, is:

1. Avoiding the impact altogether by not taking a certain action or parts of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;

6. Monitoring the impact and the compensation project and taking appropriate corrective measures.

“Mobile home” means a detached single-family dwelling unit, or a dwelling unit for use as a component in a two-family or multifamily structure, with all of the following characteristics:

1. Designed for long-term occupancy, containing complete sleeping and toilet facilities with plumbing and electrical connections provided;

2. Designed to be transported after fabrication on its own wheels, flatbed or other trailer, or on detachable wheels;

3. Built to arrive at the site where it is to be occupied as a dwelling unit complete, including major appliances, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports or integration into a prepared structure;

4. With a minimum body length of 32 feet and body width of eight feet;

5. Built on its own permanent chassis designed to be used with or without a permanent foundation;

6. Bearing the Washington State Department of Labor and Industries and U.S. Department of Housing and Urban Development approval seals on its outer skin.

This definition excludes “factory-built” or “modular” housing.

“Mobile home park” means any privately owned place where two or more mobile homes used for human occupancy are parked within 500 feet of one another on a lot, tract or parcel of land under the same ownership.

“Modular home” means a dwelling, other than a mobile home, which is prefabricated, at a place other than the building site, in accordance with the International Building Code, International Residential Code, Uniform Plumbing Code, International Mechanical Code and National Electrical Code.

“Monopole” means a wireless support structure which consists of a single pole sunk into the ground and/or attached to a foundation.

“Monument sign” means a freestanding sign with a solid base measuring the full width of the sign if the sign is square or rectangular, or measuring at least two-thirds the width of the sign if the sign is oval or round.

“Motel” means a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units having their own private toilet facilities and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for mobile homes are not included. This term includes tourist court, motor inn and similar names.

“Motor hotel” means a specialized hotel designed and operated to provide hotel service and accommodations to the motoring public and where the sleeping accommodations normally do not exceed one week’s duration.

“Multifamily” describes a building designed and used for occupancy by three or more families, all living independently of each other, and having separate housekeeping facilities for each family.

“Mural” means a flat, noncommercial, artistic depiction attached to a building wall.

“Nameplate” means a nonelectric, on-premises identification sign giving only names, address, and/or occupation of an occupant or group of occupants.

“Native vegetation” means plant species which are indigenous to the area in question.

“Nonconforming” means not conforming to these development regulations.

“Nursing home” means an institution or home that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients.

“Obscene/obscenity” means a performance, language, text or depiction that:

1. Taken as a whole, by an average person applying contemporary community standards, appeals to a prurient interest in sex; or

2. Taken as a whole, by an average person applying community standards, depicts patently offensive representations of the sexual acts described in RCW 7.48A.010(2)(b).

“Occupancy” means the purpose for which a room or building is used. “Change of occupancy” is not intended to include change of tenants.

“Occupant” means any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling or dwelling unit.

“Off-premises sign (or billboard)” means a sign with copy pertaining to a person, event, business, or service which exists on a site other than that on which the sign is located.

“Off-site compensation” means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity.

“On-site compensation” means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity.

“Open space” means any part of a lot unobstructed from the ground upward (see also “common open space”), except that, as applies to landscaping regulations, “open space” means all areas occupied by living plants, whether natural areas or areas planted with, for example, trees, shrubs, hedges, groundcover, or grass.

“Outdoor living area” means an outdoor or semi-outdoor area designed to provide a more pleasant and healthful environment for the occupants of a dwelling unit and the neighborhood in which such dwelling unit is located. It includes natural ground areas, paved or rooftop areas, balconies, porches, patios, terraces, verandas, or similar areas developed for active or passive recreational activities. It excludes that portion of exterior balconies serving as required exits for the building. For the purpose of measuring “outdoor living area,” the following shall apply:

1. Private space, open or roofed, which is accessible to the occupant of one dwelling unit only must meet the following qualifications:

a. Minimum dimension, four and one-half feet; minimum area, 35 square feet;

b. Minimum height, seven feet;

c. At least 65 percent of the longest dimension open and unobstructed.

2. Semiprivate or group-owned space, open or roofed, which is accessible to all occupants of the building (may be provided on rooftops of buildings or on parking structures, at grade or in any other way) is subject to the following qualifications:

a. Minimum dimension, 10 feet; minimum area, 100 square feet;

b. Minimum height, seven feet;

c. At least 65 percent of the longest dimension open and unobstructed.

“Out-of-kind compensation” means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement “out-of-category.”

“Owner” means any individual, firm, association, syndicate, copartnership or corporation with proprietary interest in the land.

“Panhandle access” means and is a strip of land having a width narrower than that of the lot, tract, or parcel to be served thereby, and designed for the purpose of providing access to one lot, tract, or parcel.

“Park impact fee” means the impact fee designated to pay for publicly owned parks, open space and recreational facilities and equipment.

“Pennant” means a small banner that is hung vertically from a freestanding support.

“Performance bond” means that security which may be accepted in lieu of a requirement that certain improvements be made before the planning board or other approving body approves the final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.

“Permit” means a written governmental approval or authorization without which a development activity cannot proceed, including building permits and Type I through IV permits.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.

“Planned facilities” means those public streets, traffic controls, parks, open spaces, recreational facilities, and fire protection facilities and equipment included in the capital facilities element of the comprehensive plan for Enumclaw. Planned facilities also include the capital projects listed within the Enumclaw school district capital facilities plan.

“Planning commission” means the Enumclaw planning commission.

“Plat” means a map or representation of a subdivision showing the division of a tract or parcel of land into blocks, streets, or other divisions and dedications.

“Pole sign” means a freestanding sign supported by one or more poles.

“Political sign” means a temporary sign advertising a candidate or candidates for public elective office, or a political party, signs urging a particular vote on a public issue or referendum decided by ballot, or signs expressing a noncommercial viewpoint.

“Portable sign” means a sign which is not permanently attached to a structure or to the ground and which is meant to be transported easily.

“Preliminary plat” means a neat and accurate drawing of a proposed subdivision which is furnished as a basis for the approval or disapproval of said subdivision.

“Primary facade” means the facade which contains the primary customer entrance.

“Primary use” means the principal or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.

“Principal building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the building site on which the same is located.

“Professional offices” means offices maintained and used as places of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists (but wherein no overnight care for patients is given), and by engineers, attorneys, architects, accountants and other persons providing services utilizing training in and knowledge of the mental discipline as distinguished from training in occupations requiring skill or manual dexterity or the handling of commodities.

“Projecting sign” means a sign which is attached to the wall of a building perpendicularly or at an angle.

“Projection sign” means a sign created by the projection of patterned light onto a surface.

“Public institution” means a nonprofit, religious, or public use which receives public funding for operations, such as a church, library, public or private school, hospital, or government-owned or -operated building, structure, or land used for public purposes.

“Public parking area” means privately or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated or otherwise identified for use by the general public, either free or for remuneration. Public parking areas may include parking lots which may be required by this title for retail customers, patrons and clients.

“Public utility” means a public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar services, the services by either of which are paid for directly by the recipients thereof. Such services include, but are not limited to, water supply, electric power, gas and transportation for persons and freight.

“Qualified” refers to a professional who is accredited or licensed, with an appropriate combination of education and experience in the subject discipline.

“Readerboard sign” means a sign or part of a sign on which the letters are readily replaceable, such that the copy can be changed from time to time at will.

“Real estate sign” means a temporary, on-premises sign indicating that the property is for sale or rent.

“Rear yard” means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yard. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.

“Recreation facilities” means facilities, such as boat or yacht clubs, swimming pools, athletic clubs, and golf and country clubs, for the use of the general public and operated by the municipal corporation.

“Recreational vehicle (RV)” means any motor home, trailer, camper, or similar device intended for temporary human habitation, which is constructed on wheels (whether self-propelled or towed), and less than 30 feet in length.

“Recreational vehicle (RV) park” means a parcel of land which has been planned and improved for the parking and location of two or more occupied trailers for short periods, such as overnight, vacations and other temporary periods.

“Recyclables” includes, but is not limited to, newspaper, glass, aluminum, cardboard, tin, etc., that are accepted by either local or regional recycling companies.

“Recycling storage space” means the location designated for the storage of recyclable material.

“Regulated activities” means any of the following activities which are directly undertaken or originate in a regulated critical area or buffer:

1. Any physical development proposal (variances, rezones and annexations in and of themselves are not development proposals);

2. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind;

3. The dumping, discharging, or filling with any material;

4. The draining, flooding, or disturbing of the water level or water table;

5. The driving of pilings;

6. The placing of obstructions;

7. The construction, reconstruction, demolition, or expansion of any structure;

8. The destruction or alteration of wetlands vegetation that would alter the character of a regulated wetland; provided, that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or

9. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetland water sources, including quantity, or the introduction of pollutants.

“Regulated wetlands” means ponds 20 acres or less, including their submerged aquatic beds, and those lands defined as wetlands under the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq., and rules promulgated pursuant thereto, and shall be those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, Enumclaw shall use the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq., wetlands definition, and utilize identification and delineation criteria as currently used by the Department of Ecology.

“Residential development” means any development designed and intended primarily for residential use regardless of the type of building in which such residence is located; that is, conventional single-family residences, townhouses, duplexes, fourplexes or apartment houses.

“Resource lands” means lands designated for agriculture, forestry, or mineral resources per the Growth Management Act.

“Retirement home” means a place of residence for several families or individuals in apartment-like quarters, rented, cooperative or condominium which may feature services to retired persons such as limited nursing facilities, minimum maintenance living accommodations and recreation programs and facilities. The minimum age limit for the residents shall be 55 years of age, with younger spouses permitted.

“Right-of-way” means an area of land, public or private, on which a right of passage has been recorded.

“Risk-potential activity” or “risk-potential facility” means an activity or facility that provides a higher incidence or risk to the public from persons conditionally released from the special commitment center. Risk-potential activities and facilities include: public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, religious facilities and public libraries.

“Roadway” means that portion of a street intended for the accommodation of vehicular traffic, generally within curblines.

“Rooftop sign” means any sign supported on the roof structure. Signs standing out horizontally from a mansard roof are considered wall signs.

“Rooming house” means a boardinghouse.

“School,” when modified by “elementary,” “junior high,” or “senior high,” means an institution, public or private, which offers instruction in the several branches of learning and study required to be taught in the public schools by the Washington State Board of Education.

“Screen” means a method of reducing the impact of noise and unsightly visual intrusion with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate combination thereof.

“Secure community transition facility” means an in-patient residential facility for Level III sex offenders civilly committed and conditionally released to a less restrictive alternative. A secure community transition facility has 24-hour supervision and security, and either provides or ensures the provision of sex offender treatment services.

“Senior citizen multifamily dwelling” means a building designed and designated to be used by senior citizens with an occupancy by three or more families, all living independently of each other and having separate housekeeping facilities for each family. Joint use facilities such as dining room, kitchen area, recreational areas and leisure rooms may be provided in the building.

“SEPA” means the State Environmental Policy Act.

“Service area” means an area, defined by the city, which is served by a defined set of public facilities.

“Service building” means a building housing communal toilet, laundry and other sanitary facilities necessary for the health and convenience of mobile home park occupants.

“Shade tree” means a deciduous tree planted primarily for its high crown of foliage or overhead canopy.

“Short plat” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

“Shrub” means a woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.

“Side lot line” means a property line which is not a front or rear lot line.

“Side yard” means a yard extending from the rear line of the required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear lines of the front yards required. Corner lots have side yards on their lot lines not adjacent to streets. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot.

“Sign” means any visual communication device which informs, identifies, or brings the subject thereof to the attention of the public.

“Single-family” describes a detached building designed or used exclusively for the occupancy of one family and having housekeeping facilities for only one family (see also the definition of “family”).

“Special community event sign” means a temporary sign concerning a one-time or intermittent event of a political, civic, seasonal, cultural, philanthropic, educational or religious nature.

“Specified anatomical areas” includes:

1. Less than completely covered:

a. Human genitals, pubic region;

b. Buttock; and

c. Female breast below a point immediately above the top of the areola;

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” includes:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above (see also “basement”).

“Street” means a public thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. The word “street” includes avenue, place, way, drive, lane, boulevard, highway, road, arterial, freeway, collector arterial and minor street.

“Street frontage” means that portion of a lot nearest the street. For the purpose of determining yard requirements, all sides of a lot adjacent to a street shall be considered frontage.

“Street furniture” means improvements located in streets or rights-of-way and parking lots or other similar open spaces on a site, including but not limited to light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs, traffic signals, benches, guard rails, rockeries, retaining walls, mail boxes, litter containers and fire hydrants.

“Street line” means a lot line separating a street from other land.

“Structural alterations” means any change in load or stress of the loaded or stressed members of a building or structure.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in width, retaining walls, rockeries and similar improvements of a minor character less than three feet in height.

“Subdivider” is any person, association, syndicate, copartnership, trust, firm, corporation or other ownership entity making, or having made, a subdivision.

“Subdivision” means the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and shall include all resubdivision of land.

“Suspended sign” means a sign suspended from an awning or marquee.

“Temporary business sign” means a temporary sign allowed only during the time when a business owner is awaiting approval for a permanent business sign.

“Threshold determination” means the decision by the SEPA responsible official whether or not an EIS is required for a proposal.

“Through lot” means a lot or development site under one ownership other than a corner lot with frontage on more than one street. Through lots with frontage on two streets may be referred to as “double-frontage” lots.

“Total signing” means the entire sign face which has copy on it, measured in square feet. Thus, total signing of wall signs, window signs, and awning and canopy signs shall be measured on one side only, while total signing of projecting, under-canopy, and freestanding signs shall be measured on both sides.

“Unavoidable and necessary impacts” are impacts to regulated wetlands that remain after a person proposing to alter regulated wetlands has demonstrated that no practicable alternative exists for the proposed project.

“Use” means the purpose land or a building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.

“Variance” means the means by which an adjustment is made in the application of the specific regulations of this title to a particular piece of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in privileges. A variance is a form of special exception.

“Vision clearance” means a triangular area at the street corner of a corner lot, or the alley-street intersection of a lot, the space being defined by a line across the corner, the ends of which are on the street lines or alley lines, and equal and a specified distance from the corner and containing no planting, walls, structures or temporary or permanent obstruction from two and one-half feet in height above the curb level.

“Wall sign” means a type of building sign attached parallel to an exterior wall of a building, including a mansard roof.

“WCF” means a wireless communication facility.

“Wholesale” means the sale of goods, for resale, or the sale of goods produced or processed from raw or primary materials on the premises, or the sale of construction materials which require bulk delivery of the product.

“Width of lot” means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the outer radius of cul-de-sacs, where the 80 percent requirement shall not apply.

“Window sign” means any sign placed on or immediately behind a window which directs its message to people viewing the window from outside the building. Window signs include advertisements in the form of decals, emblems, paint, exposed neon, banners, etc.

“Wireless communication facility (WCF)” means an unstaffed antenna(s), support structure, equipment shelter, and ancillary cable, conduits, and connections, for the transmission and reception of low-power radio signals.

“Wireless communications” means FCC-licensed commercial wireless communications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services.

“Wireless support structure” means a building, tower, pole, or other structure to which antennas and other necessary associated hardware are mounted.

“Yard” means the required space on the same lot with a building, unoccupied and unobstructed for a point 30 inches above grade upward, except as otherwise provided herein. In any required yard through which automobile access is taken between a public or private parking area and a street, no fence, wall, hedge or other vegetation shall be permitted which materially impedes vision from a public sidewalk to automobiles backing from the parking area(s) across the public sidewalk (see also “vision clearance”).

“Yard setback requirements” means the distance that buildings or uses must be removed from their lot lines. Setbacks shall be measured, where applicable, from proposed or actual public or private street right-of-way lines.

“Zone transition parcel” means a parcel of land abutting the boundary of a district upon which more restrictive standards are affixed by this title than are affixed for the district where the parcel of land is located. The depth of the parcel shall be no more nor less than 120 feet from the district boundary line.

“Zoning ordinance” means the zoning ordinance of the city. (Ord. 2367 § 4, 2007; Ord. 2330 § 3, 2006; Ord. 2316 § 2 (Exh. A), 2006).

Chapter 15.06
GENERAL PROVISIONS

Sections:

15.06.010 Organization of these development regulations.

15.06.020 Relationship to other rules, regulations, and agreements.

15.06.030 Territorial applicability.

15.06.040 Notification to city of development proposals in its urban service area.

15.06.050 Administrator.

15.06.060 Interpretation.

15.06.070 Appeals.

15.06.080 Severability.

15.06.010 Organization of these development regulations.

A. EMC Titles 15 through 19 shall constitute the Enumclaw development regulations.

B. These development regulations are organized as follows:

No.	Title	Contents
15	Administration of Development Regulations	Administrative procedures common to all development regulations. The provisions of EMC Title 15 apply equally to EMC Titles 15, 16, 17, 18, and 19.
16	Buildings and Construction	Regulations administered by the building official.
17	Subdivisions	Subdivision regulations.
18	Zoning	Development regulations which differ by zone.
19	Other Development Regulations	Development regulations not administered by the building official, which do not apply exclusively to subdivisions, and which apply equally to all zones.

(Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.06.020 Relationship to other rules, regulations, and agreements.

These development regulations shall not abrogate or annul any rules, regulations, covenants, or private agreements not contained within EMC Titles 15, 16, 17, 18, and 19, and any such rule, regulation, covenant, or private agreement which is more restrictive or imposes a higher standard than these development regulations shall govern. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.06.030 Territorial applicability.

These development regulations shall apply to all land within the city limits. To the extent possible under state law and valid interlocal agreements, these regulations shall also apply to all land outside the city limits and within the city’s urban growth area as established in the comprehensive plan. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.06.040 Notification to city of development proposals in its urban service area.

The city requests that it receive notices of development proposals in its urban service area, including the time and place of any hearings. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.06.050 Administrator.

A. The city administrator shall appoint the administrator of development regulations, hereafter “the administrator.”

B. The administrator shall administer these development regulations. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.06.060 Interpretation.

A. These development regulations are minimum requirements and shall be liberally construed to serve the purposes established in EMC Titles 15, 16, 17, 18, and 19.

B. The administrator shall interpret development regulations consistently. To that end, the administrator shall:

1. Render new interpretations in writing;

2. File said interpretations; and

3. Retrieve and apply said interpretations in future instances having the same context. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.06.070 Appeals.

Any action (not recommendation) of the administrator (other than Type I permit decisions – Chapter 15.18 EMC) or design review board may be appealed to the hearing examiner by submitting a written appeal to the city clerk within 14 days of the action. The fee for an appeal shall be as set by resolution. The hearing examiner may hold a hearing on the appeal (Chapter 15.13 EMC). Any hearing examiner decision involving a Type III permit may be appealed (closed record) to the city council with the exception of variances. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.06.080 Severability.

If any clause, sentence, paragraph, section, or part of these development regulations, or any application thereof on lands or person, be adjudged by any court of competent jurisdiction to be invalid, such order or judgement shall be confined to the controversy in which it was rendered and shall not affect or invalidate the remainder of these development regulations. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

Chapter 15.08
TEMPORARY PERMITS

Sections:

15.08.010 Purpose.

15.08.020 Procedure.

15.08.010 Purpose.

The purpose of temporary permits is to allow temporary uses and construction activities which nominally do not conform with this title, but which meet certain criteria. Examples which may qualify include contractors’ offices, equipment storage on construction sites, minor and incidental commercial events in residential areas, and emergency responses. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.08.020 Procedure.

A. The application form shall establish the submittal requirements, which shall include a site plan.

B. Temporary permits shall not be issued unless the administrator finds that, based on the duration of the permit and conditions imposed:

1. Implementation of neither the comprehensive plan nor the purposes of these development regulations will suffer;

2. The public health, safety, and general welfare will not suffer; and

3. The temporary use or construction activity conforms to these development regulations so far as possible consistent with the need for a temporary permit.

C. In no case shall the duration of a temporary permit exceed one year. The administrator may renew a temporary permit, provided its total duration does not exceed two years.

D. A construction office for which a temporary permit has been granted shall not also require a building permit, provided it has the Washington State Department of Labor and Industries black label. (Black label construction offices are not intended for visitation by the general public.)

E. EMC 19.10.140 shall govern temporary signs. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

Chapter 15.10
LEGAL NONCONFORMING USES

Sections:

15.10.010 Continuation.

15.10.020 Change of tenancy.

15.10.030 Restoration.

15.10.040 Signs.

15.10.050 Nuisances.

15.10.010 Continuation.

Uses, structures, or improvements which were legal upon their initiation, but which do not conform to development regulations subsequently enacted, may continue only if:

A. The nonconforming use is not enlarged or extended in a manner which increases or reinforces its degree of nonconformity; and

B. There is no physical change other than necessary maintenance and repair, the cost of which does not exceed 25 percent of the assessed valuation of the building or structure at the time the work is undertaken as determined by the King County assessor’s office; and

C. The use does not change; and

D. The legal nonconforming use has never ceased for a continuous period of 180 days or more. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.10.020 Change of tenancy.

Change of tenancy, ownership, or management shall not affect legal nonconforming status. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.10.030 Restoration.

A nonconforming building or structure having been damaged by fire, flood, explosion, wind, earthquake, war, riot or other disaster may be restored only if the cost of the restoration does not exceed 50 percent of the assessed valuation of the building or structure at the time of the disaster, excluding the foundations; except residential structures, excluding accessory structures, that are nonconforming in regard to yard setbacks but were in conformance at the time of construction may be restored to their original dimensions and location. Any such restoration must be approved by the hearing examiner through a variance, and the restoration must begin within one year of the disaster and must continue to completion without interruption. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.10.040 Signs.

In the case of nonconforming signs, the regulations below shall apply in addition to the other requirements of this chapter. Where a conflict occurs, this section shall take precedence.

A. Intent. The intent of these regulations is to protect the character of the community by reducing the negative impacts from legal nonconforming signs. At the same time, the regulations assure that legal nonconforming signs may continue and that the sign regulations will not cause unnecessary burdens. The intent of these regulations is not to force all legal nonconforming signs to be immediately brought into conformance with current regulations; instead, the intent is to gradually bring existing signs into conformance.

B. Continuance. All nonconforming signs that were lawfully constructed, erected, posted or displayed in full compliance with all development regulations and standards then in effect may continue in use in accordance with the other provisions listed in this section. Nonconforming signs that do not meet the regulations of this section have no legal right to continue and must be removed within 45 days of notification of the owner of record by the administrator; otherwise the city may remove the sign and file a lien against the property to cover costs associated with said removal.

C. Alteration. No nonconforming sign shall be structurally altered, moved, expanded or enlarged to any degree unless brought into conformity with all applicable requirements of Chapter 16.20 EMC, Sign Code, and Chapter 19.10 EMC, Signs, except that such signs may have normal maintenance including repainting or changes in copy as identified in subsection E of this section.

D. Additional Signs. No additional sign area shall be allowed for a development until nonconforming signs are brought into compliance with all applicable requirements of Chapter 16.20 EMC, Sign Code, and Chapter 19.10 EMC, Signs.

E. Maintenance. Legal nonconforming signs may be removed for cleaning and routine maintenance, i.e., repainting, cleaning, maintenance of lighting and wiring, and may be replaced without being brought into conformance with the current sign requirements of Chapter 16.20 EMC, Sign Code, and Chapter 19.10 EMC, Signs. Notice shall be given to the city prior to removal of the legal nonconforming sign and removal shall not exceed 30 days.

F. Business Name Change. Any legal nonconforming sign that undergoes a business name change shall be brought into conformance with Chapter 19.10 EMC, Signs.

G. Change in Text. Not more than 50 percent of the text of a legal nonconforming sign may be changed. The business name shall not change. Change in sign text shall be approved by the design review board in accordance with Chapters 19.10 and 19.12 EMC and, when applicable, a sign permit shall be obtained.

H. Restoration. Any legal nonconforming sign that meets the criteria for restoration per EMC 15.10.030 may be restored to its original nonconforming condition upon receipt of administrative and design review board approvals. A variance is not required. If restoration is not completed within 60 days of the date that approval is granted, all relevant approvals shall be nullified and any replacement sign(s) shall conform to Chapter 19.10 EMC.

I. Defunct or Relocated Business. If a business ceases to operate or moves to a new location, all existing legal nonconforming signs associated with the business shall be removed within 45 days. Otherwise, the city may remove the sign and file a lien against the property to cover costs associated with said removal. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.10.050 Nuisances.

The foregoing notwithstanding, nuisances as defined by state law shall not enjoy legal nonconforming status. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

Chapter 15.12
ENFORCEMENT

Sections:

15.12.010 Performance bond.

15.12.020 Violations enlarged.

15.12.030 Enforcement procedure.

15.12.040 Penalty.

15.12.010 Performance bond.

The city may require, as a condition of any permit approval, the posting of a cash performance bond or other security sufficient to fulfill the requirements of these development regulations and any conditions upon which the permit is granted. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.12.020 Violations enlarged.

A. In addition to other violations of these development regulations, it shall be a violation of these development regulations to:

1. Proceed with a development that requires a permit without first obtaining the permit;

2. Violate any condition of approval of a permit issued pursuant to these development regulations;

3. Violate any order issued pursuant to these development regulations;

4. Aid or abet a violation of these development regulations;

5. Knowingly make a false statement in any document required by these development regulations; or

6. Falsify or tamper with any monitoring device, record, or methodology required in the administration of these development regulations.

B. Each day of violation shall constitute a separate offence. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.12.030 Enforcement procedure.

A. Upon good cause, or upon filing by any person of a written complaint of a violation of these development regulations, the administrator shall investigate.

B. If the administrator needs to enter the premises for the purposes of such investigation, the following rules shall apply:

1. The administrator may locate the tenant or owner, present credentials, and request voluntary entry.

2. The administrator may obtain a search warrant before entering the premises.

3. The rules set forth regarding entry under the International Building Code and International Residential Code shall prevail in the event there is a conflict with the rules set forth herein.

C. If a violation exists, the administrator shall attempt to secure voluntary compliance.

D. If the violation persists, the administrator shall notify the tenant and the owner by certified mail, or by personal service. The notice shall contain the violation, the penalty, the prescribed remedial actions, and a reasonable time period.

E. If the time period lapses without remedial action, the administrator shall take steps to bring about compliance and collect penalties. To this end, the administrator may:

1. Initiate injunctions or restraining orders;

2. Issue stop work orders and orders to mitigate environmental damages resulting from violations;

3. Revoke or deny permits relating to use of the subject property;

4. Collect penalties;

5. Physically abate the violation or remedy the environmental damage at the violator’s expense; and/or

6. Initiate any other civil or criminal action available by law.

F. Any code enforcement action by the administrator may be appealed to the hearing examiner who shall make the final decision. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.12.040 Penalty.

A. Violation of these development regulations is a misdemeanor, which shall be punished as set forth in Chapter 1.08 EMC, General Penalty.

B. In addition to the penalty as set forth above, the city attorney may request restitution to the city to reimburse the city for expenses incurred in any abatement. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

Chapter 15.13
OFFICE OF THE HEARING EXAMINER*

Sections:

15.13.010 Purpose.

15.13.020 Creation.

15.13.030 Appointment and terms.

15.13.040 Compensation.

15.13.050 Qualifications.

15.13.060 Hearing examiner pro tem – Duties and powers.

15.13.070 Conflict of interest.

15.13.080 Freedom from improper influence.

15.13.090 Duties.

15.13.100 Applications.

15.13.110 Report by planning department.

15.13.120 Open record public hearing.

15.13.130 Decision and recommendation.

15.13.140 Reconsideration.

15.13.150 Appeal of decision.

15.13.160 City council action.

15.13.170 City administrative staff are to be considered a person or party.

*State law reference(s) – Land use hearing examiner, RCW 35A.63.170.

15.13.010 Purpose.

It is the purpose of this chapter:

A. With regard to land use matters to:

1. Provide a single, efficient, integrated land use regulatory hearing system;

2. Render land use regulatory decisions and recommendations to the city council;

3. Provide a greater degree of due process in land use regulatory hearings;

4. Separate the land use policy formulation and the land use policy administration processes.

B. With regard to other matters to:

1. Provide a single, efficient integrated system for hearing appeals of administrative decisions.

2. Provide a forum to hear other matters as established by city code. (Ord. 2367 § 4, 2007).

15.13.020 Creation.

The office of the hearing examiner is created in Chapter 2.26 EMC. The hearing examiner shall interpret, review, and implement land use regulations, hear appeals from orders, recommendations, permits, decisions or determinations made by a city official as set forth in this chapter, and review and hear other matters as provided for in this code and other ordinances. The term “hearing examiner” shall likewise include the examiner pro tem. (Ord. 2367 § 4, 2007).

15.13.030 Appointment and terms.

The hearing examiner shall be appointed by the mayor and confirmed by the city council pursuant to EMC 2.26.020. (Ord. 2367 § 4, 2007).

15.13.040 Compensation.

The hearing examiner shall be employed on a yearly basis via a renewable 12-month contract for services. (Ord. 2367 § 4, 2007).

15.13.050 Qualifications.

The hearing examiner and examiner pro tem shall be appointed solely with regard to their qualifications for the duties of the office which shall include, but not be limited to, persons with appropriate educational experience, such as an urban planner or public administrator, with at least five years’ experience, persons who have extensive experience in planning work in a responsible capacity, and persons with legal experience, particularly where the experience is in the area of land use management of administrative law. (Ord. 2367 § 4, 2007).

15.13.060 Hearing examiner pro tem – Duties and powers.

In the event of the absence or the inability of the hearing examiner to act, the examiner pro tem shall have all the duties and powers of the hearing examiner. (Ord. 2367 § 4, 2007).

15.13.070 Conflict of interest.*

The hearing examiner shall not conduct or participate in any hearing or decision in which the hearing examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his/her decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right, insofar as possible, to have a hearing examiner free from personal interest or prehearing contacts on land use regulatory matters considered by him/her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or prehearing interest contact impairs the hearing examiner’s ability to act on the matter, such person shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by that hearing examiner. (Ord. 2367 § 4, 2007).

*State law reference(s) – Conflict of interest for planning agency, RCW 35A.63.020.

15.13.080 Freedom from improper influence.

No city council member, city official or any other person shall attempt to interfere with, or improperly influence, the hearing examiner in the performance of his/her designated duties. (Ord. 2367 § 4, 2007).

15.13.090 Duties.

The hearing examiner shall have the following duties with respect to applications of matters submitted before him or her.

A. Decisions of the Hearing Examiner. The hearing examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact and conclusions based upon these facts, which conclusions shall represent the final action on the application, unless appealed, as specified in this section for the following:

1. All Type III applications as follows:

a. Conditional use permits;

b. Applications for variances from the terms of the zoning code and subdivision code; provided, however, that no application for a variance shall be granted unless the hearing examiner finds:

i. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application is located;

ii. That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

iii. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

c. Code enforcement actions.

2. Code violations pursuant to Chapter 15.12 EMC.

3. Other matters as may be designated by ordinance.

B. The hearing examiner shall have the following duties with respect to appeals submitted before him or her:

1. All Type II appeals as follows:

a. Appeals from SEPA nonexempt building, clearing, and grading permits;

b. Appeals from critical area permits and reasonable use exceptions;

c. Appeals from short plat decisions.

2. Appeals of SEPA determinations.

3. Such other matters as may be designated by ordinance.

C. Recommendations of the Hearing Examiner. The hearing examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the city council, for the following:

1. All Type IV permits:

a. Rezones;

b. Planned unit developments with a change of use;

c. Preliminary plats.

2. Such other matters as may be designated by the council.

D. Public Hearings. The hearing examiner shall conduct public hearings when required under the provisions of the State Environmental Policy Act; conduct open record public hearings or closed-record appeals in accordance with the provisions of Chapters 15.22 and 15.24 EMC; conduct such other hearings as the city council may from time to time deem appropriate.

E. References. All references in the city code and elsewhere to the board of adjustment shall be construed as referring to the hearing examiner.

F. Recommendation or Decision.

1. The hearing examiner’s recommendation or decision may be to grant or deny the application, or the hearing examiner may recommend or require of the applicant such conditions, modifications and restrictions as the hearing examiner finds necessary to make the application compatible with its environment, with applicable state laws, and to carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the city. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional road rights-of-way. Performance bonds or other financial assurances may be required to insure compliance with conditions, modifications and restrictions.

2. In regard to applications for rezones, planned unit development applications which require a change in use and special use combining districts, the hearing examiner’s findings and conclusions shall be submitted to the city council, which shall have the final authority to act on such applications. The hearing by the hearing examiner shall constitute an open record predecision hearing before the final decision is made by the city council. (Ord. 2367 § 4, 2007).

15.13.100 Applications.

Applications for all matters to be heard by the hearing examiner shall be presented to the planning department. When it is found an application meets the filing requirements of the planning department, the application shall be accepted. The planning department shall be responsible for assigning a date for the public hearing for each application. The date set for a public hearing shall not be more than 30 calendar days after the applicant has complied with all requirements and furnished all necessary data to the planning department. (Ord. 2367 § 4, 2007).

15.13.110 Report by planning department.

For Type III and IV project permit applications, the planning department shall coordinate and assemble the comments and recommendations of other city departments and governmental agencies having an interest in the application and shall prepare a report with such information. For all other matters, the appropriate city department shall prepare a report summarizing the factors involved and the department findings and supportive recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the hearing examiner and copies shall be mailed to the applicant and shall be made available for use by any interested party for the cost of reproduction. (Ord. 2367 § 4, 2007).

15.13.120 Open record public hearing.

A. Before rendering a decision or recommendation on any application, the hearing examiner shall hold at least one open record public hearing thereon.

B. For project permit applications, notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given at least 10 working days prior to such hearing.

C. The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths, and preserve order. (Ord. 2367 § 4, 2007).

15.13.130 Decision and recommendation.

A. When the hearing examiner renders a decision or recommendation, the hearing examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be rendered within 10 working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to on the record by the applicant and the hearing examiner. The copy of such decision, including findings and conclusions, shall be transmitted by first class mail to the applicant and other parties of record in the case requesting the same. There shall be kept in the planning department a signed affidavit which shall attest that each mailing was sent in compliance with this provision.

B. In the case of Type IV applications requiring city council approval, the hearing examiner shall file a recommendation with the city council at the expiration of the period provided for reconsideration, or if reconsideration is accepted, within 10 working days after the decision on reconsideration. (Ord. 2367 § 4, 2007).

15.13.140 Reconsideration.

A party of record believing that a decision or recommendation of the hearing examiner is based on erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for reconsideration by the hearing examiner within five working days of the date the decision or recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the hearing examiner may, after review of the record, take further action as he or she deems proper. If a request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued. (Ord. 2367 § 4, 2007).

15.13.150 Appeal of decision.

A. Any party who feels aggrieved by the hearing examiner’s decision of Type III permits may submit an appeal, if authorized by statute or Enumclaw Municipal Code, within 14 days from the date of the final decision of the hearing examiner.

B. No appeal may be made from a recommendation of the hearing examiner in Type IV permits. (Ord. 2367 § 4, 2007).

15.13.160 City council action.

A. Any application requiring action by the city council shall be taken by the adoption of a motion, resolution or ordinance by the city council. When taking any such final action, the city council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The city council may adopt all or portions of the findings and conclusions from the hearing examiner’s recommendation.

B. In the case of an ordinance for rezone of property, the ordinance shall not be placed on the city council’s agenda until all conditions, restrictions or modifications which may have been stipulated by the city council have been accomplished or provisions for compliance made to the satisfaction of the legal department.

C. The action of the city council, approving, modifying, or rejecting a recommendation of the hearing examiner shall be final and conclusive. Appellants have 21 calendar days from the date of city council action to file an appeal with the superior court. (Ord. 2367 § 4, 2007).

15.13.170 City administrative staff are to be considered a person or party.

For the purpose of EMC 15.13.140 and 15.13.150, the city’s administrative staff shall be considered a “person” and/or “party” and shall have the same rights as any other person or party to make requests for reconsideration to the hearing examiner or to appeal decisions of the hearing examiner to superior court or to another designated forum. (Ord. 2367 § 4, 2007).

Chapter 15.14
STATE ENVIRONMENTAL POLICY ACT

Sections:

15.14.010 Adoption by reference of Chapter 197-11 WAC.

15.14.020 Designation of responsible official.

15.14.030 Information sufficient to initiate environmental review.

15.14.040 Applicant shall fill out environmental checklist.

15.14.050 Mitigated determinations of nonsignificance (DNS).

15.14.060 Financial burden for preparation and circulation of environmental impact statement (EIS).

15.14.070 Additional elements to be covered in an EIS.

15.14.080 Substantive authority.

15.14.010 Adoption by reference of Chapter 197-11 WAC.

Pursuant to the State Environmental Policy Act, RCW 43.210.120, the city hereby adopts Chapter 197-11 WAC by reference. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.14.020 Designation of responsible official.

(Reference WAC 197-11-910.) The administrator of development regulations per EMC 15.06.050 shall be responsible for administering this chapter, except that determination of whether a proposal must undergo environmental review (reference categorical exemptions, WAC 197-11-305) shall be the responsibility of that agent of the city which first receives or initiates the proposal. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.14.030 Information sufficient to initiate environmental review.

(Reference WAC 197-11-055(4).) Environmental review may begin whenever, in the opinion of the administrator, sufficient information exists to reasonably assess the environmental impact of a proposal. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.14.040 Applicant shall fill out environmental checklist.

(Reference WAC 197-11-315.) The applicant shall fill out the environmental checklist. The city may charge a fee, to be set by resolution, for view of environmental checklists. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.14.050 Mitigated determinations of nonsignificance (DNS).

All mitigation measures incorporated in a mitigated DNS shall be deemed conditions of approval of the pertinent permit decision. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.14.060 Financial burden for preparation and circulation of environmental impact statement (EIS).

(Reference WAC 197-11-504(2).) The applicant shall pay all costs associated with preparation and circulation of EISs, under the direction of the administrator. The city may offset these costs by charging nongovernmental entities for copies of any documents prepared under this section. The EIS may be prepared by the city, the applicant, or a consultant, at the discretion of the administrator, but in most cases will be prepared by a consultant. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.14.070 Additional elements to be covered in an EIS.

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

A. Economy;

B. Social policy analysis;

C. Cost-benefit analysis. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.14.080 Substantive authority.

The city may condition or deny a permit application, even though it may conform to these development regulations, as necessary to mitigate environmental impact pursuant to WAC 197-11-660, provided said condition or denial is based on the comprehensive plan or the agency responsibilities established by RCW 43.21C.020(2), which are hereby adopted by reference. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

Chapter 15.16
CLASSIFICATION OF PERMITS BY TYPE

Sections:

15.16.010 Classification.

15.16.020 Exemptions.

15.16.010 Classification.

A. Type I permits shall include SEPA categorically exempt building, clearing and grading permits and sign permits, boundary line adjustments, temporary use permits, code interpretation, miscellaneous administrative decisions, and permit type classification.

B. Type II permits shall include SEPA nonexempt building, clearing and grading permits, short plats, binding site plans, critical area permits (those which require a SEPA threshold determination) and reasonable use exceptions, procedural and substantive SEPA decisions.

C. Type III permits shall include zoning variances and conditional use permits.

D. Type IV permits shall include preliminary plats, PUD, and zoning map amendments (site-specific rezones).

E. The following table sets forth the above classification, and the criteria upon which this classification is based. In case of conflict, the criteria shall control. Asterisks (*) in the Type II column indicate a SEPA threshold determination is required.

	Type I	Type II	Type III	Type IV
1. Is a SEPA threshold determination required?	No	Yes	Yes	Yes
2. Is a hearing required?	No	No	Yes	Yes
3. Is the hearing held by a body other than the deciding body?	No	No	No	Yes
Permits of this type established by EMC Title 15			variances
Permits of this type established by EMC Title 16	building permits; sign permits	*building permits
Permits of this type established by EMC Title 17		*short plats		preliminary plats
Permits of this type established by EMC Title 18		site plan approvals	conditional use permits	site-specific rezones, PUD
Permits of this type established by EMC Title 19		*critical area permits

F. Land use actions or permits not specified in the above table or subsections A through E of this section, or for which the process is not defined elsewhere in the Enumclaw Municipal Code, shall be classified by the administrator. Such a classification is a Type I decision. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.16.020 Exemptions.

The following actions are not Type I, II, III, or IV permits, and are exempt from Chapters 15.18 through 15.30 EMC:

A. Landmark designations;

B. Street vacations;

C. Minor approvals relating to the use of public properties, such as street tree permits;

D. Lot line adjustments;

E. Code compliance actions;

F. Temporary permits;

G. Landscape regulations exceptions pursuant to EMC 19.08.020;

H. Legislative actions which are processed per Chapter 15.32 EMC;

I. Storm drainage connection permits pursuant to EMC 14.10.050;

J. Final plats which are processed per EMC 17.12.100. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

Chapter 15.18
TYPE I PERMIT PROCEDURE (SEPA CATEGORICALLY EXEMPT BUILDING, CLEARING AND GRADING PERMITS, SIGN PERMITS, BOUNDARY LINE ADJUSTMENTS, FINAL PLATS, PERMIT TYPE CLASSIFICATION, TEMPORARY USE PERMITS, MISCELLANEOUS ADMINISTRATIVE DECISIONS)

Sections:

15.18.010 Preapplication conference.

15.18.020 Application.

15.18.030 Determination of completeness.

15.18.040 Design review board.

15.18.050 Decision.

15.18.060 Appeals.

15.18.010 Preapplication conference.

The applicant is encouraged to consult with the administrator prior to application. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.18.020 Application.

The applicant shall complete the appropriate application form, and submit application and fee to the administrator. The application form will establish the necessary information. Fees shall be set by resolution. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.18.030 Determination of completeness.

A. Within 28 days of submittal, the administrator shall:

1. Send the applicant either a determination of completeness or a notice as to what additional information is required to complete the application; and

2. Advise the applicant of other agencies that may have jurisdiction over the proposal.

B. Within 14 days of submittal of additional information as required above, the administrator shall send the applicant either a determination of completeness or another notice as to what additional information is required to complete the application. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.18.040 Design review board.

If the proposal is not exempt from design review (see EMC 19.12.020), at any time after the determination of completeness the design review board shall review it and issue a finding of conformance (with or without conditions) or nonconformance with the design regulations of Chapter 19.12 EMC. This review shall take place within the 120-day review window. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.18.050 Decision.

A. The administrator (or building official if the action is a building or sign permit) shall determine whether the application is consistent with these development regulations, act on the application accordingly, and notify the applicant within 120 days of determination of completeness. The rules embodied in RCW 36.70B.090 shall constitute exceptions to this 120-day deadline.

B. The administrator or building official shall not approve any nonexempt Type I permit (see EMC 19.12.020