Division 1. Administration

Chapter 17.02
GENERAL PROVISIONS

Sections:

17.02.010    Purpose.

17.02.020    Title.

17.02.030    Application.

17.02.040    Interpretation and conflict.

17.02.050    Administrative responsibilities.

17.02.060    Appeals.

17.02.010 Purpose.

The purpose of Division 1 of this title is to establish administrative responsibilities under the Blaine land use and development code. (Ord. 2554 § 3, 2003)

17.02.020 Title.

This title may be cited as either:

A. BMC Title 17;

B. City of Blaine land use and development code; or

C. Land use and development code. (Ord. 2554 § 3, 2003)

17.02.030 Application.

A. This title shall apply to all lands within the city of Blaine.

B. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this code.

C. No lot lines shall be changed nor new lots or lot lines created except in conformance with this code. (Ord. 2554 § 3, 2003)

17.02.040 Interpretation and conflict.

A. In their interpretation and application, the provisions of this title shall be held to the minimum requirements adopted for the promotion of the public health, safety, morals, or general welfare.

B. It is not intended that this title should interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. Where this title imposes a greater restriction upon the use of buildings, land and height of buildings or requires larger spaces than are imposed or required by other resolutions, rules, regulations or by easements, covenants, or other agreements, the provisions of this title shall govern.

C. When uncertainty exists as to the location of any regulatory boundaries, such as districts or shoreline environments shown on any official map adopted as part of this title, the following rules shall apply:

1. Where district boundaries are indicated as approximately following the centerline of streets, alleys, or highways, the actual centerline shall be construed to be the boundary;

2. Where district boundaries are indicated as running approximately parallel to the centerline of the street, the boundary shall be construed to be parallel to the centerline of the street;

3. Where boundaries are indicated as approximately following the lot or tract lines, the actual lot or tract line shall be construed to be the boundary;

4. Where a regulatory boundary divides a tract in unsubdivided property, the location of the district boundary, unless the same is indicated by the dimensions thereon, shall be determined by use of the scale appearing on such map;

5. Regulatory boundaries indicated as following shorelines shall be construed to follow such shorelines, and if the shoreline changes, shall be construed as moving with the actual shoreline;

6. Boundaries indicated as following railroad lines shall be construed to be in the centerline of the right-of-way;

7. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street or alley;

8. If the location of the boundary is still uncertain after applying the rules set out above, the director shall make a determination on the location of the boundary. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.02.050 Administrative responsibilities.

A. Director.

1. The director shall have the responsibility for administering the provisions of this title including the interpretation and application of its provisions;

2. The director shall make final decisions on all permits and approvals not explicitly delegated to another decision-making body;

3. The director shall act as a coordinating agent to ensure that the regulatory process is expeditious. All departments of city government shall cooperate with the director in the exercise of his or her duties relative to land use controls and regulations;

4. The director shall establish a city of Blaine technical review committee (TRC) with the director serving as chairperson; and

5. The director shall serve as the secretary of the review authority.

B. Technical Review Committee (TRC).

1. In addition to the director, the TRC shall be made up of the director of public works or his or her designee, and the building official or his or her designee. The director may expand the membership of the committee to include other city staff members with particular expertise in the matter under consideration;

2. The TRC shall convene to review and make recommendations on the following applications prior to their approval by the approving authority:

a. Applications for short and long subdivision;

b. Applications for rezones and comprehensive plan amendments;

c. Applications for annexations; and

d. Such other applications or matters as the director may choose to bring before the committee for their consideration;

3. The role of the TRC is advisory only. The final decision on any matter brought before the TRC rests with the approving authority. The interpretation and the application of a particular statute, code, rule or policy rests with the administrative official charged with the responsibility for administering that statute, code, rule or policy and is not subject to review by the TRC unless such review is requested by the responsible director.

C. Hearing Examiner (HE).

1. The hearing examiner shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters:

a. Appeals from any orders, requirements, permits, decisions or determinations made by the director in the administration of BMC Titles 16 and 17 except as provided in subsection (D)(1)(i) of this section;

b. Appeals from SEPA determinations of significance, determinations of nonsignificance, and mitigated determinations of nonsignificance; and

c. Revocation proceedings involving all project proposals requiring an open record hearing.

D. Planning Commission.

1. The planning commission shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters except as provided in subsection (D)(2) of this section:

a. Applications for zoning conditional use permits;

b. Applications for shoreline management substantial development permits;

c. Applications for shoreline management program conditional use permits;

d. Repealed by Ord. 2811;

e. Project permits that require a variance request;

f. Applications for short plat approval when a short plat variance is being requested;

g. Repealed by Ord. 2811;

h. Applications for zoning or shoreline variances which accompany any of the applications listed in this subsection (D)(1); and

i. Appeals of administrative decisions made by the director in the administration of the design guidelines and sign review regulations.

2. The planning commission shall conduct an open record hearing and prepare a record thereof, and make recommendations to the city council for approval or disapproval of applications made for the project permits listed below:

a. Repealed by Ord. 2879;

b. Planned unit development permits;

c. Applications for long subdivision approval;

d. Applications for general binding site plan approval; and

e. An application for any of the project permits for which the planning commission would normally make a final decision as provided in subsection (D)(1) of this section, when associated with a long subdivision or a planned unit development. The decision on these permit applications shall instead be in the form of a recommendation to be forwarded to the city council for final approval.

3. The planning commission shall review and make recommendations to the city council on proposed amendments to the land use and development code and on proposed new regulations thereunder.

E. City Council (CC).

1. The city council shall make a final decision on the following applications for project permits:

a. Major development permits;

b. Planned unit developments;

c. Long subdivisions;

d. General binding site plans;

e. Associated land use permits.

2. The city council shall hear appeals of hearing examiner and review authority decisions as provided in BMC 17.06.180. (Ord. 2879 § 1 (Exh. A § 7), 2016; Ord. 2811 § 2 (Exh. A), 2012; Ord. 2728 § 2 (Exh. A), 2009; Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.02.060 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)