Subtitle II. Permitting and Development Approval
Chapter 20.20
GENERAL PROVISIONS
Sections:
20.20.040 Administration and interpretation.
20.20.050 Delegation of authority.
20.20.010 Purpose.
The purpose and intent of this subtitle is to establish standard procedures for all land use and development applications to provide for an integrated and consolidated land use permit and environmental review process that insures compliance with the adopted plans, policies, and ordinances of the city of Port Orchard. This subtitle is further intended to provide for the examination of development proposals with respect to overall site design and to provide a means for guiding development in a logical, safe, and attractive manner while also ensuring the issuance of a timely decision on development applications. (Ord. 019-17 § 18 (Exh. 1)).
20.20.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) “Closed record appeals” are administrative appeals which are heard by the hearing examiner.
(2) “Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the city to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the hearing body or officer. An open record hearing may be held prior to a city’s decision on a project permit, to be known as an “open record predecision hearing.”
(3) “Project permit” or “project permit application” means any land use or environmental permit or license required from the city, including, but not limited to, building permits, subdivisions, binding site plans, conditional use permits, variances, shoreline substantial development permits, site plan review, site development permits, design reviews, permits or approvals required by critical areas regulations, and site-specific rezones. (Ord. 019-17 § 18 (Exh. 1)).
20.20.030 Applicability.
(1) All applications for development shall be subject to the provisions of this subtitle, except where specifically exempted, which shall include, without limitation:
(a) Any change of occupancy of a building from one International Building Code group or division of a group to another or a change of use of land;
(b) Any new nonresidential and nonagricultural use of land;
(c) The location or construction of any nonresidential or nonagricultural building, or any multifamily project in which more than four dwelling units would be contained; and
(d) Any addition to such structure or remodel or substantial revision of the site plan associated with such use.
(2) The construction and development of projects reviewed under this subtitle shall be in strict compliance with the approved site plan and conditions attached thereto.
(3) All land uses, activities, construction, clearing, grading, filling, development, intensification, and structural modifications or alterations shall comply with the POMC.
(4) All permits and approvals granted for the use, activity, construction, clearing, grading, filling, development, intensification, or structural modifications or alterations shall comply with the POMC. No permit or approval shall be issued for any parcel of land developed in violations of the POMC. (Ord. 010-18 § 5; Ord. 019-17 § 18 (Exh. 1)).
20.20.040 Administration and interpretation.
(1) The director shall be responsible for the interpretation and administration of the provisions of this subtitle. The director’s interpretation and administration shall be in keeping with the spirit and intent of this subtitle, Chapter 36.70B RCW, and the comprehensive plan.
(2) Within this subtitle, when the director is identified as responsible for a procedural action, this authorization includes the director’s authorized city representative; further, the action made by the director or authorized city representative may occur upon consultation with other city staff.
(3) Should a conflict arise between the provisions of this subtitle or between this subtitle and the laws, regulations, codes, or rules promulgated by other authority having jurisdiction within the city, the most restrictive requirement shall be applied, except when constrained by federal or state law, or where specifically provided otherwise.
(4) The procedures set forth in this subtitle shall be deemed additional to any other procedures set forth in city ordinances applicable to land use decisions, and in the event of any conflict, the procedures in this subtitle shall be controlling.
(5) Relative to land use permitting and development, the director shall interpret and apply the applicable provisions of this title unless otherwise indicated in this title. (Ord. 019-17 § 18 (Exh. 1)).
20.20.050 Delegation of authority.
Upon finding that any proposed land use and associated construction is exempt from environmental review pursuant to this chapter and WAC 197-11-800, the director may waive appropriate land use application fees and may delegate review and approval of a proposed land use application and associated improvements to a designee as deemed appropriate by the director. (Ord. 019-17 § 18 (Exh. 1)).
20.20.060 Effect of permit.
The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which it authorized is lawful. (Ord. 019-17 § 18 (Exh. 1)).
20.20.070 Exempt actions.
(1) As authorized by RCW 36.70B.140(1), the following land use actions are not subject to the provisions of RCW 36.70B.070, 36.70B.080, 36.70B.090, 36.70B.110, 36.70B.120, and 36.70B.130 because the city council has determined that these projects present special circumstances that warrant a review process different from the processes specified by this subtitle:
(a) Street vacations and other actions relating to use of public areas or facilities (POMC Title 12);
(2) As authorized by RCW 36.70B.140(2), the following Type I land use actions shall not be subject to the provisions of RCW 36.70B.060, 36.70B.110, 36.70B.120, and 36.70B.130:
(a) Boundary line adjustments (Chapter 20.84 POMC).
(b) Construction permits that are categorically exempt from environmental review under Chapter 20.160 POMC, State Environmental Policy Act (SEPA), or for which environmental review has been completed in conjunction with other project permits. (Ord. 019-17 § 18 (Exh. 1)).
20.20.080 Severability.
If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances, is not affected, and to this end the provisions of this code are declared to be severable. (Ord. 019-17 § 18 (Exh. 1)).