Chapter 19.02


19.02.010    Definitions.

19.02.010 Definitions.

1.  This title defines certain specific terms for the purposes of this title.  The terms and words used in this title are consistent with RCW 36.70B.020.

2.  Words not specifically defined within this title shall be defined through individual titles (WMC 15 through 18) or a commonly accepted dictionary such as Webster’s, or Chapter 36.70B of the Revised Code of Washington.

3.  When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural, and the plural the singular; "shall" is always mandatory and "may" authorizes exercise of discretion.  The following definitions shall apply to this chapter:

A.  Administrative Official.  The administrative official of this title shall be the city planner.  In the absence of the city planner the administrative official shall be the building official.  Class 1 applications requiring only a building permit will be administrated by the building official.  The administrative official shall interpret the meaning and direct the application of this title.

B.  Closed Record Appeal.  "Closed record appeal" means an appeal conducted by the Wapato city council following an open record (predecision or appeal) hearing conducted by the planning commission or city council on a project-permit application.  The appeal shall be decided on the basis of the record established at the open record hearing, and only appeal argument shall be allowed.  Upon a clear showing of good cause, the city council may allow the record to be supplemented by limited new evidence or information.

C.  Development Regulations.  Controls placed on development or land use activities by local, county, state, or federal government including, but not limited to Wapato Municipal Codes 15 through 18 and the city’s comprehensive plan.

D.  Environmental Review.  The procedures and requirements established by the State Environmental Policy Act (SEPA), Chapter 43.21C RCW and Title 18 of the Wapato Municipal Code as it now exists or is hereafter amended.

E.  Finding.  Conclusion reached by the reviewing official or authoritative body in an application or appeal review process and based on available and presented evidence.

F.  Party of Record.  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 excluding persons who only signed a petition or mechanically produced a form letter.

G.  Preliminary SEPA Determination.  A preliminary SEPA Determination or "preliminary threshold determination" does not substitute, or in any way circumvent, an actual SEPA determination.  Preliminary SEPA determinations are intended to encourage early public comment on project applications and may be included with notice of application if such preliminary SEPA determination has been made at the time the notice of application is issued.

H.  Project Application.  "Project application," "project permit," "application," or "project permit application" means any land use or environmental permit, license, or approval required by Title 15 through 18 of the Wapato Municipal Code.

I.  Public or Open Record Hearing.  "Public hearing" or "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.  A "public hearing" or "open record hearing" may be held prior to a local government’s decision on a project permit to be known as an "open record pre-decision hearing." A public hearing or open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record pre-decision hearing has been held on the project permit.

J.  Public Meeting.  "Public meeting" means a meeting, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s 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 environmental 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 local government’s project permit application file.

K.  SEPA.  "SEPA" refers to the State Environmental Policy Act, chapter 43.21C RCW and the regulations adopted thereunder, and Chapter 18 WMC, as such laws exist or are hereafter amended.  (Ord. 1063 §2(part), 1999)