Chapter 14.02


14.02.010    Intent.

14.02.020    Applicability.

14.02.030    Definitions.

14.02.040    Administration.

14.02.050    Enforcement.

14.02.010 Intent.

The intent of this title is to consolidate the application, review and approval processes for land development proposals within the city of Toppenish. It is further intended to comply with state guidelines for expediting development review and integrating environmental review with development permit processing. (Ord. 2004-17 § 1, 2004).

14.02.020 Applicability.

The provisions of this title apply to land use permits regulated under the following municipal code titles:

A. TMC Title 15, Buildings and Construction;

B. TMC Title 16, Subdivisions;

C. TMC Title 17, Zoning;

D. TMC Title 18, Environmental Policy; and

E. Related codes applicable to a proposed development. (Ord. 2004-17 § 1, 2004).

14.02.030 Definitions.

A. Rules of Interpretation. Interpretation of this title shall be subject to the following rules:

1. The words “will” and “shall” are mandatory in meaning.

2. The word “may” allows discretion.

3. Words used in present tense include the future.

4. Gender is interchangeable in meaning unless specified otherwise.

5. “Day” or “days” shall mean calendar days, including weekends and holidays.

B. Words not specifically defined within this title shall be defined through individual titles described pursuant to TMC 14.02.020, or a commonly accepted dictionary such as Webster’s, or Chapter 36.70B RCW. The following definitions shall apply to this title:

1. “Administrative official” means the Toppenish city manager or the city manager’s designee.

2. “Applicant” means a person seeking development approval or other formal requests from the city.

3. “Building code” means the State Building Code and related codes as amended and adopted by the city of Toppenish in TMC 15.01.010.

4. “City” means appointed staff members of the city of Toppenish whose duties include making technical land use decisions and recommendations.

5. “Closed record appeal” means an administrative appeal based on the record to the hearing examiner, following an 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.

6. “Development regulations” means controls placed on development or land use activities by local, county, state, or federal government including, but not limited to, zoning ordinances, building codes, environmental ordinances and land division ordinances.

7. “Environmental review” means the procedures and requirements established by the State Environmental Policy Act (SEPA), Chapter 43.21C RCW and TMC Title 18 as it now exists or is hereafter amended.

8. “Finding” means a conclusion reached by the reviewing official or authoritative body in an application or appeal review process and based on available and presented evidence.

9. “Hearing examiner” shall mean the person appointed by the city manager as provided in Chapter 2.50 TMC.

10. “Party of record” means any person who has testified at a hearing or has submitted a written statement related to a development action and who provides the city with a complete name and address.

11. “Open record hearing” means a hearing conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government’s decision on a project permit to be known as an “open record predecision hearing.” An open record hearing may also be held on an appeal if no open record predecision hearing has been held on the project permit, to be known as an “open record appeal hearing.”

12. “SEPA” means the State Environmental Policy Act, Chapter 43.21C RCW and Chapter 197-11 WAC, as amended.

13. “SEPA checklist” means a checklist used to help determine levels of probable environmental impact relative to a project. (Ord. 2004-17 § 1, 2004).

14.02.040 Administration.

A. Administrative Official. The city manager, or designee of the city manager, shall be the administrative official of this title.

B. Administrative Interpretation. The administrative official shall interpret the meaning and direct the application of this title.

C. Request for Interpretation. Any person may request a formal interpretation of provisions of this title or those municipal code titles referenced pursuant to this title. The request shall be in writing, shall reference specific titles, chapters, or code sections pertaining to the desired interpretation and shall be submitted to the administrative official for review. The administrative official may refer to city and state statutes, local land use plans and policies, and city staff officers in determining final interpretation. The administrative official shall provide the requesting party with a written interpretation within 15 days of the date of request. (Ord. 2004-17 § 1, 2004).

14.02.050 Enforcement.

A. Authority. The administrative official shall enforce the provisions of this title or may designate enforcement responsibility as determined appropriate.

B. Application. The enforcement of this title shall primarily apply to the compliance requirements of TMC Titles 15 through 18. Enforcement actions shall follow the provisions established within Chapter 1.24 TMC or the enforcement provisions of any municipal code title most applicable to an individual project.

C. Conflict of Provisions. In the event conflict exists between time requirements or procedures, including appeals, prescribed for permit application processing between this title and associated city code titles, the provisions of this title shall prevail. (Ord. 2004-17 § 1, 2004).