Chapter 17.02


17.02.010    Interpretations of definitions.

17.02.020    Adequate.

17.02.030    Annual capacity statement.

17.02.040    Applicant.

17.02.050    Available capacity.

17.02.060    Building.

17.02.070    Building permit.

17.02.080    Capital facilities element.

17.02.090    Capital improvement.

17.02.100    Certificate of Concurrency (COC).

17.02.110    City.

17.02.120    City manager.

17.02.130    City council.

17.02.140    Closed record appeal.

17.02.150    Comprehensive plan.

17.02.160    Concurrent.

17.02.170    Concurrency implementation and monitoring system (CIMS).

17.02.180    Development.

17.02.190    Development permit, final.

17.02.200    Development permit, preliminary.

17.02.210    Floor area ratio.

17.02.220    Increase in use.

17.02.230    Level of service (LOS).

17.02.240    Open record hearing.

17.02.250    Project permit or project permit application.

17.02.260    Public open space.

17.02.270    Public facilities and services.

17.02.280    Public meeting.

17.02.290    Reserved capacity.

17.02.300    Vested.

17.02.010 Interpretations of definitions.

For the purpose of this title, the following words or phrases have a meaning set forth in this chapter unless the context indicates otherwise. (Ord. 1443-496 § 1 (part), 1996)

17.02.020 Adequate.

“Adequate” means equal to or better than the level of service standards specified in the current adopted capital facilities element (Table V-9). (Ord. 1473-497 § 1 (part), 1997)

17.02.030 Annual capacity statement.

“Annual capacity statement” means the statement issued by the city on August 1, 1997 and on the same date each year thereafter indicating the available development capacity of each concurrency public facility or service. (Ord. 1473-497 § 1 (part), 1997)

17.02.040 Applicant.

“Applicant” means a person who applies for any certificate of concurrency under this title and who is an owner of the subject property or the authorized agent of the property. This would include a development permit or a building permit. (Ord. 1473-497 § 1 (part), 1997)

17.02.050 Available capacity.

“Available capacity” means capacity for a concurrency facility or service that currently exists for use without requiring facility construction, expansion or modification. (Ord. 1473-497 § 1 (part), 1997)

17.02.060 Building.

“Building” means any structure built or used for the support, shelter, or enclosure of any persons, animals, goods, equipment, or property of any kind. (Ord. 1473-497 § 1 (part), 1997)

17.02.070 Building permit.

“Building permit” for purposes of this chapter, a permit which authorizes the construction of a new building, or the expansion of floor area, or the increase in the number of dwelling units contained in an existing building, or change of use. (Ord. 1473-497 § 1 (part), 1997)

17.02.080 Capital facilities element.

“Capital facilities element” means that element of the Shelton comprehensive plan which evaluates the need for public facilities and services as identified in the other comprehensive plan elements. This element also defines the types of public facilities and services; estimates the cost of improvements for which the city has fiscal responsibility; analyzes the fiscal capability of the city to finance and construct improvements; adopts financial policies to guide the funding or improvement; and schedules the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required based on needs identified in the other comprehensive plan elements. (Ord. 1473-497 § 1 (part), 1997)

17.02.090 Capital improvement.

“Capital improvement” means land, improvements to land, structures (including design, permitting, and construction), infrastructure improvements, and equipment whose valuation exceeds twenty thousand dollars and has an expected useful life of at least eight years. (Ord. 1473-497 § 1 (part), 1997)

17.02.100 Certificate of Concurrency (COC).

“Certificate of concurrency” means the official document issued by the city upon finding that an application for a final development permit will not result in the reduction of the level of service standards set forth in the Shelton comprehensive plan for concurrency public facilities and services. The COC shall indicate:

A.    The location or other description of the property on which the development is proposed;

B.    The type of development permit for which the certificate of concurrency is issued;

C.    The specific uses, densities, and intensities that were tested for concurrency and which are authorized for development of the property;

D.    The capacity of facilities and services are available and reserved for the development described in the certificate;

E.    An effective date; and

F.    An expiration date. (Ord. 1473-497 § 1 (part), 1997)

17.02.110 City.

“City” means the city of Shelton, Washington. (Ord. 1473-497 § 1 (part), 1997; Ord. 1443-496 § 1 (part), 1996)

17.02.120 City manager.

“City manager” means the city manager of the city of Shelton, Washington. (Ord. 1921-0518 (part), 2018; Ord. 1473-497 § 1 (part), 1997; Ord. 1443-496 § 1 (part), 1996)

17.02.130 City council.

“City council” means the city council of the city of Shelton, Washington. (Ord. 1921-0518 (part), 2018; Ord. 1473-497 § 1 (part), 1997; Ord. 1443-496 § 1 (part), 1996)

17.02.140 Closed record appeal.

“Closed record appeal” means an administrative appeal on the record following and open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. (Ord. 1473-497 § 1 (part), 1997; Ord. 1443-496 § 1 (part), 1996)

17.02.150 Comprehensive plan.

“Comprehensive plan” means the current comprehensive plan that has been adopted by the city council of the city of Shelton. (Ord. 1921-0518 (part), 2018; Ord. 1473-497 § 1 (part), 1997; Ord. 1443-496 § 1 (part), 1996)

17.02.160 Concurrent.

“Concurrent” means public improvements or strategies for the provision of those services are in place at the time of development, or the financial commitment is in place to complete the improvements or strategies at the time of development. (Ord. 1473-497 § 1 (part), 1997)

17.02.170 Concurrency implementation and monitoring system (CIMS).

“Concurrency implementation and monitoring system” means the procedures and processes utilized by the city to determine that development permits, when issued, will not result in the reduction of the level of service standards as set forth in the Shelton comprehensive plan. (Ord. 1473-497 § 1 (part), 1997)

17.02.180 Development.

“Development” means any construction and/or substantial modification of structures or improvements to land which will alter, modify and/or expand a use of land which requires issuance of a preliminary or final development permit. (Ord. 1473-497 § 1 (part), 1997)

17.02.190 Development permit, final.

Development Permit, Final. “Final development permit” means a building permit, or any other development permit which results in an immediate and continuing impact upon public facilities and services. (Ord. 1473-497 § 1 (part), 1997)

17.02.200 Development permit, preliminary.

Development Permit, Preliminary. “Preliminary development permit” means any document granting, or granting with conditions: short plat, preliminary plat, rezone, planned unit development, shoreline substantial development permit, shoreline substantial/conditional use permit, site plan approval, special use permit, conditional use permit, special development permit, critical areas permit or any other official action of the city having the effect of authorizing the development of land. (Ord. 1473-497 § 1 (part), 1997)

17.02.210 Floor area ratio.

“Floor area ratio” means the ratio of usable floor area of a structure to the total area of the lot or land area occupied by such a structure. (Ord. 1473-497 § 1 (part), 1997)

17.02.220 Increase in use.

“Increase in use” means a change in the use of property such that demand for transportation facilities increases by more than twenty percent. Increase in use shall be based upon the cumulative expansion of a property use occurring after the adoption of the ordinance codified in this chapter. Calculation for transportation facilities shall be an increase of more than twenty percent in the number of trips generated, as per the most recent edition of the Institute of Traffic Engineers (ITE) trip generation manual, or an individual traffic impact analysis. (Ord. 1473-497 § 1 (part), 1997)

17.02.230 Level of service (LOS).

“Level of service” means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of a facility. LOS means an established minimum capacity of capital facilities that must be provided per unit of demand or other appropriate measures of need. (Ord. 1473-497 § 1 (part), 1997)

17.02.240 Open record hearing.

“Open record hearing” means a hearing, conducted by a single hearing body or officer that creates the record through testimony and submission of evidence and information. An open record hearing may be held prior to a decision on a project permit to be known as the “open record pre-decision hearing.” An open record hearing may be known as an “open record appeal hearing,” if no open record pre-decision hearing has been held on the project permit. (Ord. 1473-497 § 1 (part), 1997; Ord. 1443-496 § 1 (part), 1996)

17.02.250 Project permit or project permit application.

“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action including, but not limited to subdivisions, planned unit developments, conditional uses, shoreline substantial development permits, permits or approvals required by critical areas ordinances, site specific rezones authorized by the city’s comprehensive plan or any subarea plan in effect, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as specifically otherwise provided in this title. (Ord. 1473-497 § 1 (part), 1997; Ord. 1443-496 § 1 (part), 1996)

17.02.260 Public open space.

“Public open space” means areas used for parks, recreation areas, greenbelts/natural buffers, scenic or natural amenities, or unique geological features or resources that are available for general public enjoyment. The criteria established in the land use element’s open spaces designation (text and map) will be used. (Ord. 1473-497 § 1 (part), 1997)

17.02.270 Public facilities and services.

“Public facilities and services” means those public facilities and services for which level of service standards have been adopted in the Shelton comprehensive plan are recognized in Section 17.07.030 of this title, and are listed below:

A.    Transportation;

B.    Water;

C.    Sewer;

D.    Solid waste;

E.    Parks;

F.    Stormwater;

G.    Police;

H.    Fire;

I.    Animal shelter;

J.    Cemetery;

K.    Municipal services;

L.    Library;


N.    Hospital; and

O.    Schools.

(Ord. 1473-497 § 1 (part), 1997)

17.02.280 Public meeting.

“Public meeting” means an informal meeting, hearing, workshop or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to a decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community, council meeting, or a scoping meeting on a draft environment impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file. (Ord. 1473-497 § 1 (part), 1997; Ord. 1443-496 § 1 (part), 1996)

17.02.290 Reserved capacity.

“Reserved capacity” is set aside in the city’s concurrency records in a manner that assigns the capacity to applicant and prevents the same capacity being given to any other applicant. Reserved capacity is held during the review of application for nonconcurrency requirements, such as SEPA. Reserved capacity is given to applicants only after approval of all permit requirements. (Ord. 1473-497 § 1 (part), 1997)

17.02.300 Vested.

“Vested” means the right to develop or continue development in accordance the laws, rules and other regulations in effect at the time vesting is achieved. Development that is vested by RCW 19.27.095, 58.17.033 and 58.17.170. (Ord. 1473-497 § 1 (part), 1997)