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995 Attach Division 1 General Provisions UNIFIED DEVELOPMENT CODE GENERAL PROVISIONS 4 ¡«¤ ®¥ #®³¤³² CHAPTER 18.01 - GENERAL PROVISIONS ................................................................................................................ 1 18.01.010T................................................................................................................................................... 1 ITLE 18.01.020A ........................................................................................................................................... 1 UTHORITY 18.01.030P .............................................................................................................................................. 1 URPOSE 18.01.040O ................................................................................................................... 1 RGANIZATION OF THIS TITLE 18.01.050A................................................................................................................. 2 DMINISTRATION OF THE TITLE 18.01.060I........................................................................................................... 2 NTERPRETATION AND APPLICATION 18.01.070F....................................................................................................................................................2 EES 18.01.080T ............................................................................................................................... 2 IME COMPUTATION 18.01.090P-,-,..................................................................... 2 REEXISTINGNONCONFORMING STRUCTURES USES AND LOTS CHAPTER 18.02 - DEFINITIONS ............................................................................................................................... 4 18.02.010I ................................................................................................................................................. 4 NTENT 18.02.020U ....................................................................................................... 4 SE AND INTERPRETATION GENERALLY 18.02.030I ................................................................................. 4 NTERPRETATION IN CASE OF CONFLICTING DEFINITIONS 18.02.040S .............................................................................................................................. 5 PECIFIC DEFINITIONS CHAPTER 18.03 - HEARING EXAMINER ................................................................................................................. 15 18.03.010I ............................................................................................................................................... 15 NTENT 18.03.020EHE....................................................................................... 15 STABLISHMENT OF EARING XAMINER SYSTEM 18.03.030A .................................................................................................................................... 15 PPOINTMENT 18.03.040Q .................................................................................................................................. 15 UALIFICATIONS 18.03.050E............................................................................ 15 XAMINER PRO TEMPORE QUALIFICATIONS AND DUTIES 18.03.060C............................................................... 15 ONFLICT OF INTEREST AND FREEDOM FROM IMPROPER INFLUENCE 18.03.070R ................................................................................................................................................ 16 ULES 18.03.080P ............................................................................................................................ 16 OWERS AND DUTIES CHAPTER 18.04 - PLANNING COMMISSION .......................................................................................................... 17 18.04.010M&............................................................................................................... 17 EMBERS TERMS OF OFFICE 18.04.020V ................................................................................................................................. 17 ACANCY FILLING 18.04.030R....................................................................................................... 17 ULES OF PROCEDURE AND OFFICERS 18.04.040Q ........................................................................................................................................... 17 UORUM 18.04.050P ............................................................................................................................ 17 OWERS AND DUTIES 18.04.060C .................................................................................................................................. 18 OMPENSATION 18.04.070C .............................................................................................................................. 18 OMMISSION STAFF CHAPTER 18.05 - HISTORIC PRESERVATION COMMISSION ................................................................................... 19 18.05.010M&............................................................................................................... 19 EMBERS TERMS OF OFFICE 18.05.020V ................................................................................................................................. 19 ACANCY FILLING 18.05.030R....................................................................................................... 19 ULES OF PROCEDURE AND OFFICERS 18.05.040Q ........................................................................................................................................... 19 UORUM 18.05.050P ............................................................................................................................ 19 OWERS AND DUTIES 18.05.060C .................................................................................................................................. 21 OMPENSATION 18.05.070C .............................................................................................................................. 21 OMMISSION STAFF C18.01-GP HAPTER ENERAL ROVISIONS 18.01.010Title This title shall be known as the “Yelm Unified Development Code.” 18.01.020Authority This title is enacted pursuant to the authority vested in the City by Chapters 35.21, 58.10, 58.17, 36.70A, and 43.21C of the Revised Code of Washington (RCW), and that power and responsibility of the City to provide for the health, safety and general welfare of its citizenry and the public. 18.01.030Purpose A.This code was created to assure that review and approval of any land use or permit decision is based on implementing the goals and policies of the City of Yelm Comprehensive Plan and Joint Plan with Thurston County, pursuant to the mandated provisions of the State of Washington’s Growth Management Act (Chapter 36.70A RCW), Subdivision Act (Chapter 58.17 RCW), State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), and other applicable state and local laws. If the provisions of this code conflict with any provision of the RCW, the RCW shall prevail. B.Other chapters have additional intent or purpose sections applicable to those chapters, which are to be read in concert with the purposes of the title as a whole. 18.01.040Organization of this title This code is intended to be used as a single integrated document. Each part contributes to a unified regulatory system. The code is organized in divisions. Division 1 -General Provisions: Provisions that apply to all aspects of land development. Division 2 –Review, Administration, and Enforcement: Establishes different types of review, applications, processes, administration and enforcement of this code. Division 3 -Environment: Provides regulation regarding environmental concerns and protection. Division 4 –Buildings and Construction: Guides the approval of buildings and other structural requirements. Division 5 -Zoning: Establishes uses allowed by district. Division 6 –Design Standards: Provides regulation and design standards for all development within the City. General Provisions Page 1 18.01.050Administration of the title The administrator of this title shall be the Community Development Director or his/her designee. 18.01.060Interpretation and application In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreement between parties, public or private; however, if any provision of this title is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the City, the provision which establishes the higher standard shall prevail. 18.01.070Fees Applications for permits or other approvals pursuant to this title shall be subject to concurrent payment of any applicable fee as set forth in the Yelm development fee schedule adopted by resolution of the City Council. Such fees shall not be refundable unless authorized by the approval authority. Until all fees have been paid in full, no action shall be taken on the petition or application. 18.01.080Time computation In computing any period of time prescribed by this title, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a City holiday, in which case the period runs until the end of the next day which is neither a Saturday, Sunday or a City holiday. 18.01.090Pre-existing, non-conforming structures, uses and lots A.Structures. 1.Pre-existing, non-conforming structures may be maintained, provided that they shall not be enlarged, expanded or extended in a manner which would increase the nonconforming aspects ofthe structure. 2.Pre-existing, non-conforming structures shall not be relocated unless the move results in bringing the structure into closer conformance with the design standards of the Unified Development Code. B.Uses. A non-conforming use of a structure or land, shall not be extended or enlarged after the effective date of the ordinance codified in this title by attachment on a building or premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. General Provisions Page 2 A non-conforming use shall be deemed abandoned by discontinuance or abandonment for a period of 18 consecutive months, and any subsequent future use of such land or buildings shall be in conformity with the provisions of this title. C.Lots. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. General Provisions Page 3 C18.02-D HAPTER EFINITIONS 18.02.010Intent It is the intent of this chapter to promote consistency and precision in the interpretation of this title and to define (and illustrate, where necessary) certain words, terms and phrases in the interest of reducing to a minimum the misunderstanding which may occur in the absence of such definition. 18.02.020Use and interpretation generally In addition to the definitions in this title, the definitions from the following documents are adopted by reference: International Building Code and Chapter 51-50 WAC International Residential Code and Chapter 51-51WAC International Mechanical Code and Chapter 51-52 WAC Uniform Plumbing Code and Chapters 51-56 WAC Washington State Energy Code and Chapters 51-11C and 51-11R WAC International Fire Code and Chapter 51-54A WAC State Subdivision Act, Chapter 58.17 RCW State Condominium Act, Chapter 64.34 RCW State Environmental Policy Act, Chapters 43.21C RCW and 197-11 WAC Growth Management Act, Chapter 36.70A RCW Local Project Review, Chapter 36.70B RCW Floodplain Management, Chapter 173-158 WAC Words not defined in thistitle, the documents adopted by reference, the Yelm Municipal Code(YMC), the Washington Administrative Code(WAC), or the Revised Code of Washington (RCW)shall be as defined in the latest edition of Webster’s Third New International Dictionary. Words used in the present tense include the future; the singular term includes the plural and the plural the singular. “Shall” is always mandatory and “May” denotes a use of discretion. 18.02.030Interpretation in case of conflicting definitions In addition to the words and terms defined in this chapter, several sections of this title contain definitions specifically related to those sections. In the event of conflict between definitions in this list and those shown in other sections of this title, the definition in the other section shall govern within the context of the section within which it appears. General Provisions Page 4 18.02.040Specific definitions “A” Definitions “Abutting” means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting. “Appeal, closed record” means an administrative appeal on the record, where no or limited new evidence or information is allowed to be submitted, and only appeal argument is allowed. “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter “A”. “Automobile wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any parcel of land of fiveor more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute evidence of an automobile wrecking yard. “B” Definitions “Base flood” means the flood having a one percent chance of being equaled or exceeded in any givenyear. Designations on maps always include the letter “A”. “Bed and breakfast” means a facility offering from oneto eightlodging units and breakfast to travelers and guests. “Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. “C” Definitions “Concurrency” means a determination that the facilities necessary to serve a proposed land development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adoptedlevels of service. "Condominium" means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unlessthe undivided interests in the common elements are vested in the unit owners, and unless a General Provisions Page 5 declaration and a survey map and plans have been recorded pursuant to this chapter. “Condominium” means either: a.A division which is made by subjecting a portion of the land to Chapter 64.32 RCW and for which a binding site plan has been approved; or b.A dwelling, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions under the provisions of Chapter 64.32 RCW. A dwelling is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded with the County Auditor. “Contiguous land” means land touching other land at one or more points and having the same owner regardless of whether or not portions of the parcels have separate tax lot numbers, were purchased at different times, lie in different sections, are different government lots or are separated from each other by watercourses or private easements. “Critical facility” means a facility for which even a slight chance of flooding, might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste. “Cumulative substantial value” means flood-related damages sustained by a structure on twoseparate occasions during a 10year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 26percent of the market value of the structure before the damage occurred. “D” Definitions “Development” inthe context of flood damage prevention means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment located within the area of special flood hazard. “Development agreement” means an agreement between the Cityand a property owner setting forth the applicable development standards and other provisions, including mitigation, which vest the development, and which are consistent with the development regulations at the time the agreement is entered into. Approval of a development agreement is obtained after a public hearing. General Provisions Page 6 “E” Definitions “Elevation certificate” means the official form (FEMA Form 81-31) used to track development,provide elevation information necessary to ensure compliance with Chapter18.21 YMC, and determine the proper insurance premium rate with Section B completed by the administrator. “Elevated building” means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. “Essential public facility” means those infrastructure facilities thatserve the residents of Yelm thatare typically difficult to site. For Yelm, essential public facilities include such facilities as streets,domestic water systems, storm and sanitary sewer systems, public safety and emergencyresponse facilities,parks and recreational facilities, schools, hospitals and emergency medical centers,railroad terminals andfacilities,and electric/natural gas substations and appurtenances. “F” Definitions “Family” means an individual, or twoor more persons living together in a dwelling unit asa single housekeeping unit. The term “family” shall also include such other persons as may be included in any definition required by state or federal law. “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from: a.The overflow of inland or tidal waters; and/or b.The unusual and rapid accumulation of runoff of surface waters from any source. “Flood insurance study” (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles and the water surface elevation more than onefoot. “Floodway” means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than onefoot, also known as the “zero rise floodway.” “Floor area” means the sum of the gross horizontal area of the floor or floors measured from the exterior faces of the exterior walls, General Provisions Page 7 including elevator shafts and stairwells on each floorand all horizontal areas having a ceiling height of sevenfeet or more, but excluding all parking and loading spaces, cellars, unroofed areas, roofed areas open on twosides, areas having ceiling height of less than sevenfeet and basements used exclusively for storage or housing of mechanical or central heating equipment. “Floor area, gross” means the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. a.The term “grossfloor area” includes basements, elevator shafts and stairwells at each story, floor space used for mechanical equipment with structural head room, interior balconies and mezzanines. b.The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be computed by counting each 10 feet of height or fraction thereof, as being equal to onefloor. c.The term “gross floor area” shall not include cellars or outside balconies that do not exceed a projection of 6feet beyond the exterior walls of the building. Parking structures below grade and rooftop mechanical structures are excluded from gross floor area. “G” Definitions “Grade” in the context of signage, means the elevation or level of the street closest to the sign to which reference is made, as measured at the street’s centerline, or the relative ground level in the immediate vicinity of the sign. ”H” Definitions “Hazard areas” means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition. “I” Definitions “Increased cost of compliance” means a flood insurance claim payment up to $30,000 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of “substantial damage” or as a result of a “cumulative substantial damage.” “J” Definitions General Provisions Page 8 “K” Definitions “Kennel” means a place where adult dogs are kept by persons providing the service of facilities for breeding, and the offspring thereof aresold for profit; or where such animals are received for care, training and boarding for compensation; but not including a small animal hospital, clinic, or pet shop. “L” Definitions “Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title found at Section 18.21.080 YMC. “M” Definitions “Manufactured home” at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable Section 46.04.302 RCW.Manufactured home means a structure, transportable in oneor more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 daysconsecutive days. For insurance purposes the term manufactured home does not include travel trailers, and other similar vehicles. “Manufactured housing community”means a residential development typified by single ownership of land within the development, with the landowner retaining the rights of ownership. Home sites within the community areleased to individual homeowners, who retain customary leasehold rights. “N” Definitions “Nonconforming building or structure” means a building, structure or portion thereof that was legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform with the requirements of this title. General Provisions Page 9 “Nonconforming lot” means a parcel of land, in separate ownership, and of record prior to the effective date of the ordinance codified in this title, which does not conform to the dimensional or area requirements of this title. “Nonconforming use” means an activity in a structure or on a tract of land that was legally in existence prior to the effective date of the ordinance codified in this title,which does not conform to the use regulations of the use district in which it is located. “Nonconformity” means a legally established existing use or legally constructed structure that is not in compliance with current regulations. “O” Definitions “Open record hearing” means a hearing that creates the record through testimony and submission of information. An open record hearing held prior to a decision is an “open record predecision hearing.” “Owner” means the fee simple owner as designated on the Thurston County Assessor’s record. “P” Definitions “Principal use” means the specific and primary purpose for which land or building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. “Project permit” means any land use or environmental permit or license, including: binding site plans, building permits, critical area approvals, subdivisions, master plans, planned unit developments, site plan review, and special uses. “Proportionate share” means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development. “Q” Definitions “R” Definitions “Recreational vehicle” means a vehicle which is: a.Built on a single chassis; b.400 square feet or less when measured at the largest horizontal projection; c.Designed to be self-propelled or towable by a light duty truck; and d.Designed primarily not for use as a permanent dwelling but as General Provisions Page 10 temporary living quarters for recreational, camping, travel, or seasonal use. “Recreational vehicle park” means a parcel or tract of land having designated areas for rent to oneor more persons for parking or placement of a recreational vehicle for less than 30days, as opposed to permanentyear-round occupancy. “Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than 15 people in a state licensed facility, that has not been licensed as an adult family home pursuant to Chapter 70.128RCW. These facilities include, but are not limited to: boarding homes as licensed by Chapter 18.20RCW in accordance with Chapter 246-316WAC; residential treatment facility for psychiatrically impaired children and youth in accordance with Chapter 71.12RCW and Chapter 246-323-010(32)WAC; adult residential rehabilitation center in accordance with Chapter71.12 RCW and Chapter246-325-010(3) WAC; private adult treatment home in accordance with Chapter 71.12RCW and Chapter 246-325- 010(28) WAC; alcoholism treatment facility in accordance with Chapter 71.12RCW and Chapter246-326-010(6) WAC; congregate care facility in accordance with Chapters 71.12and 18.20RCW and WAC 388-15-560; evaluation and treatment facility in accordance with Section 71.34.020(6)RCW; group training home in accordance with Section 71A.22.020(2) RCW; group care facility in accordance with Section 74.15.020(3)(a) RCW; and foster family homes in accordance with Section74.15.020(3)(f) RCW or congregate care facilities for senior housing with central cooking facilities, group homes for children, safe-homes and comparable facilities as determined by the approval authority. “Retail establishment” means a business that is engaged in selling merchandise or goods to the general public for personal or household consumption. “Riparian habitat” means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that General Provisions Page 11 directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. “S” Definitions “Service oriented establishment” means a business that provides a specific or variety of services for individuals and businesses. “Setback” means the distance between any building foundation, and the adjacent facing lot line. “Site plan review committee” means a committee created by the City Administrator to administer sections of this title. “Special flood hazard areas” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter “A”. “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage ofexcavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. “Structure” used in the context of flood damage prevention means a walled and roofed building including a gas or liquid storage tank that is principally above ground. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before- damage condition would equal or exceed 50percent of the market value of the structure before the damage occurred. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: a.Before the improvement or repair is started; or General Provisions Page 12 b.If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a.Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b.Any alteration of a structure listed on the national register of historic places or a state inventory of historic places. “Support structure” in the context of wireless communication facilities means the structure to which antennas and other necessary associated hardware are mounted. Support structures include but are not limited to the following: a.Guyed tower: a support structure, consisting of metal cross strips or bars, which is steadied by wire guys in a radial pattern around the tower. b.Lattice tower: a support structure that consists of a network of crossed metal braces, forming a tower, which is usually triangular or square in cross-section. c.Monopole: a support structure that consists of a single pole sunk into the ground and/or attached to a foundation. d.Existing nonresidential structure: existing structures as specified in Section 18.69.020 YMC to which antennas may be attached which conform to the requirements of Chapter 18.69 YMC. “T” Definitions “Transfer of development rights” means the removal of the right to develop or build from land in onesite, parcel, area or zoning district to another where such transfers are permitted. “U” Definitions “V” Definitions “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. “W” Definitions General Provisions Page 13 “X” Definitions “Y” Definitions “Yard” means an open space unoccupied to the sky of uniform depth or width which lies between the property line and building line, or between the shoreline and the building line. The inside boundary shall be considered parallel to the nearest property line. “Yard, flanking” means a yard on a corner building site extending from the front yard to the rear yard and measured as to the depth at the least horizontal distance between the street line of the flanking street and the exterior wall. “Yard, front” means a yard extending across the full width of the lot from oneproperty line to another and measured as to depth at the least horizontal distance between street line and the exterior wall. “Yard, rear” means a yard extending from oneproperty line to another except in the case of corner building sites when the rear yard shall extend from the interior side property line to the opposite side yard. Yard is measured as to depth at the least horizontal distance between the rear site line and the exterior wall. “Yard, side” means a yard extending from the front yard to the rear yard except in the case of corner building sites when the side yard on the flanking street shall extend to the rear property line. “Z” Definitions “Zoning map, official” means the parcel-specific map of the Cityof Yelm entitled “Official Zoning Map, Cityof Yelm,” establishing the location and boundaries of the zoning districts established by this chapter. General Provisions Page 14 C18.03-HE HAPTER EARING XAMINER 18.03.010Intent It is the intent of the chapter to: A.Provide a single, efficient, integrated land use regulatory system which integrates the public hearing and decision-making process for land use matters; B.Provide a greater degree of due process in land use regulatory hearings and expand the principles of appearance of fairness; and C.Separate the land use policy formulation and the land use policy administration process. 18.03.020Establishment of Hearing Examiner system The Hearing Examiner shall interpret, review and implement land use regulations as provided in this code and other ordinances. The term Hearing Examiner shall likewise include theHearing Examiner pro-tem. 18.03.030Appointment The Hearing Examiner and Examiner pro-tem shall be appointed by the Mayor and confirmed by the City Council. 18.03.040Qualifications The Hearing Examiner shall be appointed solely with regard to qualifications for the duties of such office which shall include, but not be limited to, persons with appropriate educational experience, such as an urban planner, public administrator, or land use attorney with at least fiveyears experience, persons who have extensive experience in planning work in a responsible capacity, and persons with legal experience, particularly where the experience is in the area of land use management of administrative law. The Hearing Examiner shall hold no other elective or appointive office or position in the Cityof Yelm. 18.03.050Examiner pro tempore –qualifications and duties The Hearing Examiner pro-tem shall, in the event of the absence or the inability of the Hearing Examiner to act, have all the qualifications, duties and powers of the Hearing Examiner. 18.03.060Conflict of interest and freedom from improper influence The Hearing Examiner shall not conduct or participate in any hearing or decision in which the HearingExaminer has a direct or indirect personal or financial interest which might exert such influence upon the Hearing Examiner as to interfere with his/her decision making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. General Provisions Page 15 Participants in the land use regulatory process have the right, insofar as possible, to have the Hearing Examiner free from personal interest or pre- hearing contacts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre-hearing interest contact impairs the Hearing Examiner's ability to act on the matter, such person shall so state and shall abstain there from to the end so that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said Hearing Examiner. No council member, Cityofficial, or any other person shall attempt to interfere with, or improperly influence the Hearing Examiner in the performance of his/her designated duties. This section shall not prohibit the City Attorney from rendering legal services to the Hearing Examiner upon request. 18.03.070Rules The Hearing Examiner shall have the power to prescribe rules for the scheduling and conduct of hearings, to administer oaths, and other rules of procedure as related to the duties of his/her office. 18.03.080Powers and duties The Hearing Examiner shall conduct public hearings for the purpose of receiving and examining available information, prepare a record thereof, and enter findings of fact and conclusions based upon these facts and a decision which shall represent the final action on the application, unless appealed. The Hearing Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based on those facts, together with a recommendation to the City Council. The Hearing Examiner shall make recommendations for revision to relevant codes and ordinances which will clarify or otherwise improve the development review process. General Provisions Page 16 C18.04-PC HAPTER LANNING OMMISSION 18.04.010Members & terms of office There is created a City Planning Commission consisting of sevenmembers who shall be appointed by position by the Mayorof the Citysubject to confirmation by the City Council. The term of office of the members shall be sixyears. 18.04.020Vacancy filling Vacancies on the Planning Commission shall be filled by appointment of the Mayor subject to confirmation by the City Council for the unexpired terms. Members may be removed by the Mayor, with the approval of the City Council for inefficiency, neglect of duty, malfeasance in office, or for failing to attend threeconsecutive meetings that are not excused. 18.04.030Rules of procedure and officers The Planning Commission shall adopt rules of procedure consistent with state law to guide its activities and shall designate one of its members to serve as chair for a term to be specified in the rules of procedure. 18.04.040Quorum A majority of the members of the Planning Commission constitutes a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the Planning Commission, shall be deemed and taken as the action of the Planning Commission. 18.04.050Powers and duties A.The Planning Commission shall have all of the powers,and shall perform all of the duties specified by the laws of the state including, but not limited to, Chapters 35A.63 and 36.70B RCW. B.The Planning Commission may prepare a comprehensive plan for the physical and other generally advantageous development of the City. C.For any and all such purposes the City Council, on recommendation of the Planning Commission, may divide the municipality or any portion thereof into districts of such size, shape and area, or may establish such official maps or development plans for the whole or any portion of the municipality as may be deemed best suited to carry out the purposes of this chapter and within such districts as may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. D.The City Council may refer to the Planning Commission for its recommendation and report of ordinances, resolution or other proposal General Provisions Page 17 relating to any of the matters and subjects authorized by state law. The Planning Commission shall promptly report to the City Council all of such matters referred to them, making such recommendations as it may deem proper. 18.04.060Compensation All members shall serve without compensation. 18.04.070Commission staff Commission and professional staff assistance shall be provided by the Community Development Department with additional assistance and information to be provided as necessary to aid the Planning Commission in carrying out its duties and responsibilities under this chapter. General Provisions Page 18 C18.05-HPC HAPTER ISTORIC RESERVATION OMMISSION 18.05.010Members & terms of office There is created a YelmHistoric Preservation Commission consisting of up to eightmembers who shall be appointedby the Mayor of the Citysubject to confirmation by the City Council. The term of office of the members shall be sixyears. 18.05.020Vacancy filling Vacancies on the Historic Preservation Commission shall be filled by appointment of the Mayor subject to confirmation by the City Council for the unexpired terms.Members may be removed by the Mayor, with the approval of the City Council for inefficiency, neglect of duty, malfeasance in office, or for failing to attend threeconsecutive meetings that are not excused. 18.05.030Rules of procedure and officers The Historic Preservation Commission shall adopt rules of procedure consistent with state law to guide its activities and shall designate one of its members to serve as chair for a term to be specified in the rules of procedure. 18.05.040Quorum A majority of the members of the Historic Preservation Commission constitutes a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the Historic Preservation Commission, shall be deemed and taken as the action of the HistoricPreservation Commission. 18.05.050Powers and duties The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of the City’s historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the City’s history and historic resources, and to serve as the City’s primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: A.Conduct and maintain the inventory of historic resources within the boundaries of the City known as the Yelm historic inventory (inventory); publicize and periodically update inventory results. Properties listed on the inventory shall be separate and distinct from the “national register,” “state register” and “local register”; B.Maintain the Yelm register of historic places (register). This official register shall be compiled of buildings, structures, sites, objects, and General Provisions Page 19 districts identified by the Historic Preservation Commission as having historic significance worthy of recognition by the City. The object may be a thing of functional, aesthetic, cultural, historical or significant historic value. A district shall possess a significant concentration, linkage of sites or structures united by past events, aesthetic or physical development; C.Review nominations to the register. The Historic Preservation Commission shall consider the merits of the nomination according to criteria in Section 18.15.060YMC; D.Issue a certificate of appropriateness, with or without mitigating conditions, for proposals to change, alter, modify, remodel, move, or significantly affect properties or districts on the register, certifying the changes do not adversely affect the historic characteristics of the property that contribute to its designation; E.Cause the removal of a site, building, object, or district from the register according to criteria in Section 18.15.070 YMC; F.Promote, conduct, and participate in information,educational and interpretive programs which pertain to historic resources; G.Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives; H.Review and comment to the City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City, other neighboring communities, the county, the state or federal governments, as they relate to historic resources of the City; I.Advise the City Council generally on matters relating to Yelm’s history and historic preservation; J.Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas, and encourage appropriate measures for such recognition; K.Submit nominations to the state and national registers of historic places, as deemed appropriate; L.Investigate and report to the City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the City; M.Serve as the local review board for the purpose of approving applications for special property tax valuation per Chapter 84.26RCW and for the purpose of entering into agreements with the property owner for the duration of the special valuation during which time the review board General Provisions Page 20 monitors the property for continued qualification for the special valuation per requirements of Chapter 84.26 RCW. 18.05.060Compensation All members shall serve without compensation. 18.05.070Commission staff Commission and professional staff assistance shall be provided by the Community Development Department with additional assistance and information to be provided as necessary to aid the Historic Preservation Commission in carryingout its duties and responsibilities under this chapter. 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