Chapter 17B.72
ADMINISTRATION
Sections:
17B.72.040 Minimum requirements.
17B.72.050 Zoning and shoreline regulations review.
17B.72.060 Amendments to Mukilteo shoreline regulations.
17B.72.070 Moratoria authority.
17B.72.010 Authority.
The authority to administer and to enforce this title is granted to the mayor or designee as provided for in this section:
A. Mayor or Designee. Except as otherwise provided in Section 17B.13.010, the mayor or designee shall administer and enforce this title and shall:
1. Issue all building permits, certificates of occupancy, and maintain records thereof;
2. Issue all variance and conditional use permits which have been granted under the provisions of Chapter 17B.13, Procedures, and Chapter 17B.64, Conditional Uses and Variances, and maintain records thereof;
3. Conduct inspections which are necessary to ensure compliance with the regulations of this title;
4. Make a determination from public records concerning nonconforming uses and issue written statements of intent to all violators of the nonconforming use regulations of this title. The statements shall be sent by certified mail; and
5. Perform all other duties as assigned by this title.
B. Hearing Examiner. The hearing examiner performs the following functions:
1. Establishes the rules and regulations as are necessary to perform functions. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.72.020 Interpretation.
When it is the case that there is confusion regarding the purpose of a particular section or subsection of this code, it is the responsibility of the city attorney to interpret this title. When there is confusion regarding how a particular section or subsection of this code is to be applied in an individual instance, it is the responsibility of the mayor or designee to interpret this title. The interpretations shall be strictly in accordance with the provisions of this section.
A. Application of Standards. In the interpretation and application of this title it is the minimum standards which shall apply for the protection and promotion of the public health, morals, safety, comfort and general welfare.
B. Overlapping Regulations. Whenever this title imposes a restriction which is greater than any other restriction on the use of buildings, the provisions of this title shall apply.
C. Other Permits and Agreements.
1. Building Permits Issued Before the Effective Date of the Ordinance Codified in This Title. All building permits issued before the effective date of the ordinance codified in this title are considered valid; provided, that the building permit was issued prior to the effective date of the ordinance codified in this title, and that the permit has not expired prior to the effective date of the ordinance codified in this title, and that construction was begun as provided for by the permit prior to the effective date of the ordinance codified in this title and is being carried on under the terms of that permit;
2. Occupancy Permits. Any new building completed but unoccupied prior to the effective date of the ordinance codified in this title must receive an occupancy permit prior to the occupancy. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.72.030 Jurisdiction.
The provisions and standards contained in this title are held to be minimum standards with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative discretion of the city council to further restrict the permissive uses, or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards set forth in this title, the promotion and protection of the public health, safety and welfare bears a substantial relation to the withholding, denial or revocation of permits or uses. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.72.040 Minimum requirements.
In their interpretation and application, the provisions of this title are held to be minimum requirements adopted for the public health, safety and general welfare. Whenever the requirements of this title differ from the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standards shall govern. It is not intended by this title to interfere with or abrogate or annul any easements, covenants, restrictions or other lawful agreements between private parties. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.72.050 Zoning and shoreline regulations review.
This title shall be periodically reviewed and adjustments shall be made as are necessary to reflect changing local circumstances, new information or improved data, and changes in state statutes and regulations. This review process shall be consistent with WAC 173-26-090 and shall include public hearings to obtain the views and comments of the public. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.72.060 Amendments to Mukilteo shoreline regulations.
A. Any of the provisions of this title may be amended as provided for in RCW 90.58.100 and WAC 173-26-201. Amendments or revisions to this title become effective 14 days from the Washington State Department of Ecology’s written notice of final action.
B. Proposals for shoreline environment redesignation (i.e., amendment to the shoreline maps and descriptions) must demonstrate consistency with the criteria set forth in WAC 173-26-110, 173-26-201(1)(c), and 173-26-211.
C. Amendments to the shoreline master program may follow the optional SMP amendment process that allows for a shared local/state public comment period for efficiency as outline in WAC 173-26-104.
D. Amendment submittals sent to the Washington State Department of Ecology for final review should be in digital format and include a summary of amendments made in response to public comments and the final periodic review checklist as clarified in WAC 173-26-110 and 173-26-120. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.72.070 Moratoria authority.
A. The city may adopt moratoria or other interim official controls as necessary and appropriate to implement Chapter 90.58 RCW.
B. Adopting a moratorium or control under this section the city must:
1. Hold a public hearing on the moratorium or control within sixty days of its adoption;
2. Adopt detailed findings of fact that include, but are not limited to, justifications for the proposed or adopted actions and explanations of the desired and likely outcomes;
3. Notify the Department of Ecology of the moratorium or control immediately after its adoption. The notification must specify the time, place, and date of any public hearing required by this subsection;
4. Provide that all lawfully existing uses, structures, or other development shall continue to be deemed lawful conforming uses and may continue to be maintained, repaired, and redeveloped, so long as the use is not expanded, under the terms of the land use and shoreline rules and regulations in place at the time of the moratorium.
C. A moratorium or control may be effective for up to six months if a detailed work plan for remedying the issues and circumstances necessitating the moratorium or control is developed and made available for public review. A moratorium or control may be renewed for two six-month periods if the city complies with subsection (B)(1) of this section before each renewal. If a moratorium or control is in effect on the date a proposed master program or amendment is submitted to the Department, the moratorium or control must remain in effect until the department’s final action under RCW 90.58.090; however, the moratorium expires six months after the date of submittal if the Department of Ecology has not taken final action. (Ord. 1427 § 3 (Exh. C) (part), 2019)