Chapter 18.20
ADMINISTRATION

Sections:

18.20.010    Planning commission.

18.20.020    Planning department.

18.20.030    Review authority.

18.20.040    Interpretations.

18.20.050    Conditions of approval.

18.20.060    Administrative authority.

18.20.070    Enforcement.

18.20.080    Record maintenance.

18.20.110    Application fee schedule.

18.20.010 Planning commission.

There is hereby created the La Center planning commission (the commission) to consider and take actions consistent with Chapter 35.63 RCW and this title. See Chapter 2.36 LCMC. [Ord. 2006-17 § 1, 2006.]

18.20.020 Planning department.

The city council may, at its discretion, create a La Center planning department (department) which shall have such duties, authority and financing as the council deems appropriate. The mayor shall assign a person with the responsibility of directing the activities of the La Center planning department who shall be known as the planning director. In the absence of a planning department director the city planner shall assume the role of the planning director. [Ord. 2006-17 § 1, 2006.]

18.20.030 Review authority.

The review authority shall be that individual or governing body delegated with the responsibility of issuing a final decision on a land use proposal. The review authority responsible for issuing final decision for land use proposals shall be as follows:

(1) Type I, planning director;

(2) Type II, planning director;

(3) Type III, hearings examiner; and

(4) Type IV, city council, upon receipt of the recommendation of the planning commission, where appropriate. [Ord. 2006-17 § 1, 2006.]

18.20.040 Interpretations.

(1) The review authority responsible for making a decision regarding a given application may interpret relevant ambiguous terms in this title in the course of or in advance of making a decision on the merits of the application.

(a) If an interpretation is made in advance of a decision on the merits of an application, the interpretation shall be in writing and shall be included as part of the decision on the merits of the application.

(b) An interpretation may be appealed as part of an appeal of the decision on the merits of an application.

(2) A use that is not listed in any zone or district may be permitted by similar use determination pursuant to Type I process under LCMC 18.30.080.

(3) When this title imposes a greater restriction upon the use or development of buildings or premises, or requires larger open spaces than are imposed or required by other laws, resolutions, rules, or regulations, the provisions of this title shall control. The terms “may” or “should” shall be interpreted to be permissive and to mean that the provision is at the option of the applicant. The term “shall” shall be interpreted to be mandatory and to mean that the provision applies unless otherwise expressly provided by or approved pursuant to the La Center Municipal Code. [Ord. 2006-17 § 1, 2006.]

18.20.050 Conditions of approval.

The review authority may impose conditions of development approval necessary to either ensure compliance with the purposes of this title, or to preserve and promote the general health, safety and welfare of La Center. [Ord. 2006-17 § 1, 2006.]

18.20.060 Administrative authority.

(1) Designation of Review Authority and Responsible Official.

(a) Unless otherwise noted, the planning director (director), or the mayor’s designee, shall be the primary review authority and shall interpret and apply the provisions of the LCDC.

(b) The hearings examiner shall be the review authority for Type III quasi-judicial reviews.

(c) Where noted in the LCDC, the public works director shall interpret and apply the provisions of the LCDC relating to transportation, water and sewer facilities and all other city infrastructure.

(d) The La Center building official shall interpret and apply the building and construction provisions of LCMC Title 15.

(e) The director, or the mayor’s designee, shall be the responsible official for purpose of local administration of the State Environmental Policy Act (SEPA), Chapter 18.310 LCMC.

(f) The director, or director’s designee, shall be the responsible official for the purpose of administering the International Fire Code, LCMC 15.05.030(2).

(2) Review Authority. Unless otherwise noted, it shall be the duty of the responsible official to interpret and apply the provisions of the LCDC. An interpretation shall be subject to appeal pursuant to LCMC 18.30.130. The review authority response shall be in writing and kept on permanent file. [Ord. 2006-17 § 1, 2006.]

18.20.070 Enforcement.

It shall be the duty of the review authority to determine the applicability of the LCDC for enforcement purposes. All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of the LCDC and shall issue no permit, certificate or license for any use, building or purpose which violates or fails to comply with conditions or standards imposed by the LCDC. Any permit, certificate or license issued in conflict with the provisions of the LCDC, intentionally or otherwise, shall be void. The review authority shall be responsible for carrying out the enforcement provisions of this title. [Ord. 2006-17 § 1, 2006.]

18.20.080 Record maintenance.

(1) The planning director, or mayor’s designee, shall maintain the official La Center comprehensive plan map, zoning map, critical areas maps and other official land use maps and shall, from time to time, update these maps to reflect amendments by the city council.

(2) The city clerk shall maintain the complete record of all land use planning applications and decisions. [Ord. 2006-17 § 1, 2006.]

18.20.110 Application fee schedule.

The city council shall establish a land use application fee schedule which should be reviewed on a yearly basis. [Ord. 2006-17 § 1, 2006.]