Blaine Municipal Code

Title 15
BUILDINGS AND CONSTRUCTION

Chapters:

15.04 Building Codes

15.05 Washington State Energy Code

15.08 Fire Prevention

15.09 Repealed

15.12 Superseded

15.16 Swimming Pools

15.20 Radio Antennas and Similar Devices

15.24 Northwest Energy Code

15.30 Gasoline Service Stations

15.32 Airfield Area Regulations [Effective Until Official Closure of Blaine Municipal Airport]

15.34 Fee Deferral

Chapter 15.04
BUILDING CODES*

Sections:

15.04.010 Adoption of referenced codes.

15.04.020 General requirements for all referenced codes.

15.04.030 Conflict between codes.

15.04.040 Design requirements.

15.04.050 Professional preparation of plans.

15.04.060 Construction plans.

15.04.070 Permits.

15.04.080 Ownership.

15.04.090 Expiration of permits.

15.04.100 Referenced codes.

15.04.110 Building permit fees.

15.04.120 Investigation fees – Work without a permit.

15.04.130 Fee refunds.

15.04.140 2006 International Residential Code.

15.04.150 2006 International Mechanical Code.

15.04.160 2006 Uniform Plumbing Code.

15.04.170 2006 International Fuel Gas Code.

15.04.180 Washington State Energy Code, Current Edition.

15.04.190 1997 Uniform Code for the Abatement of Dangerous Buildings.

15.04.200 Dangerous buildings.

15.04.210 2006 International Property Maintenance Code.

15.04.220 Violation – Misdemeanor.

15.04.230 Appeals.

* Prior legislation: Ords. 2210, 2211, 2213, 2438, 2439, 2440 and 2539.

15.04.010 Adoption of referenced codes.

The city of Blaine hereby adopts the following codes, as amended by the Washington State Building Code Council pursuant to RCW 19.27.031 for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties:

A. 1. The 2006 International Building Code published by the International Code Council, Inc. (IBC) as contained in Chapter 51-50 WAC. The following Appendix is specifically adopted:

a. Appendix I, Patio Covers.

2. The 2006 International Residential Code published by the International Code Council, Inc. (IRC) as contained in Chapter 51-51 WAC. The following appendices are specifically adopted:

a. Appendix A (IFGC), Sizing and Capacities of Gas Piping.

b. Appendix B (IFGC), Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use and Type B Vents.

c. Appendix C, Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems.

d. Appendix F, Radon Control Methods.

e. Appendix H, Patio Covers.

f. Appendix J, Existing Buildings and Structures.

B. The 2006 International Mechanical Code published by the International Code Council, Inc. (IMC) as contained in Chapter 51-52 WAC, except that the standards for liquefied petroleum gas installations shall be the 2004 Edition of NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and 2006 Edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code).

C. Except as provided in RCW 19.27.170, the 2006 Uniform Plumbing Code (UPC) and Uniform Plumbing Code Standards, as contained in Chapters 51-56 and 51-57 WAC, published by the International Association of Plumbing and Mechanical Officials; provided, that any provisions of such code affecting sewers or fuel gas piping are not adopted; and the rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160.

D. The 2006 International Fuel Gas Code as published by the International Code Council, Inc. (IFC).

In case of conflict among the codes enumerated in subsections A, B, C, and D of this section, the first named code shall govern over those following.

E. The Washington State Energy Code, current edition, with all Washington State amendments as contained in Chapter 51-11 WAC.

F. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials, Whittier, California.

G. The 2006 International Property Maintenance Code as published by the International Code Council, Inc. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.020 General requirements for all referenced codes.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.030 Conflict between codes.

Whenever there is a conflict between a referenced code in BMC 15.04.010 and the general requirements contained in BMC 15.04.030, the general requirements shall apply.

All references to the Uniform Building Code (UBC) or the 2003 International Building Codes which may exist in the Blaine Municipal Code shall be interpreted to refer to the 2006 International Building Codes. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.040 Design requirements.

Ground Snow Load*	Wind Speed (Gust)	Seismic Design Category	Weathering	Frost Line Depth	Termites	Decay	Winter Design Temp	Ice Shield Underlay	Flood Hazards	Air Freeze Index	Mean Annual Temp
25lbs/ft²	85 mph	D-1	Moderate to Severe	18”	None to Slight	None to Slight	22°	No	2003 1992 FIRM		51°

* Minimum roof snow load to be 30 lbs/ft² in the city of Blaine.

(Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.050 Professional preparation of plans.

Unless otherwise determined by the building official, the city of Blaine shall require a Washington licensed design professional, licensed under the provisions of Chapter 18.08 or 18.43 RCW or Chapter 308-12 WAC to prepare or oversee the preparation of plans for any building or structure containing five or more residential dwelling units or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy over 4,000 square feet of construction. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.060 Construction plans.

All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following:

A. Structural integrity;

B. Life safety;

C. Architectural barriers (ADA handicap compliance);

D. Compliance with all codes having jurisdiction;

E. Scope of work;

F. Special inspection requirements and protocols;

G. Deferred submittal schedule.

In general, the amount of detail required will vary, depending on the nature and complexity of the project. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.070 Permits.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.080 Ownership.

The property owner shall be the owner of a Blaine building permit. An agent for the owner must provide written authorization from the owner before the city will accept a building permit application. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.090 Expiration of permits.

All permits shall expire by limitation and be declared void if (A) work is not started within 180 days of obtaining a permit, or (B) work is abandoned for 180 days or more after beginning work, or (C) after two years from the date of permit issuance, regardless of whether the work is finished. If a permit is expired for time, a new permit may be issued at the discretion of the building official upon payment of a reactivation fee as listed in the city of Blaine uniform fee schedule. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.100 Referenced codes.

All referenced codes are available for review at the city of Blaine community development office. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.110 Building permit fees.

All Blaine permit fees shall be established by a city of Blaine resolution and may be found in the uniform fee schedule, updated on an annual basis.

A. Project Valuation. The applicant for a permit shall provide an estimated project value at the time of application. Project valuations shall include the total value of the work, including materials and labor, for which the permit is being issued. The project valuation shall be set by the building official. The valuation shall be based on the most recent building valuation data, square foot construction costs, published by the International Code Council or the actual value of the work, whichever is higher.

B. Plan Review Fee. The plan review fee shall be a minimum of 65 percent of the total building permit fee. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.120 Investigation fees – Work without a permit.

A. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

B. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the city of Blaine uniform fee schedule. This fee is an additional, punitive fee and shall not apply to any Blaine grading or building permit fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a Blaine permit for continued development of that project. If the work done remains illegal for 90 days after service of the stop work order, it shall be considered hazardous.

C. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.130 Fee refunds.

A. The building official may authorize the refunding of:

1. One hundred percent of any fee erroneously paid or collected.

2. Up to 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

3. Up to 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

B. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.140 2006 International Residential Code.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.150 2006 International Mechanical Code.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.160 2006 Uniform Plumbing Code.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.170 2006 International Fuel Gas Code.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.180 Washington State Energy Code, Current Edition.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.190 1997 Uniform Code for the Abatement of Dangerous Buildings.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.200 Dangerous buildings.

Add additional definitions of a dangerous building:

19. Drug Properties and Structures. It is hereby declared that any building, structure and/or associated property, identified by the City of Blaine Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public, such building, structure and/or associated property is not only a dangerous property as defined by the City of Blaine but is also a classification of property calling for the special procedures set forth in this section. The Building Official is authorized to abate such dangerous buildings, structures, and/or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute, RCW 64.44.010, with the following modifications:

19.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected;

19.2. Building(s) and structures shall be inspected to determine compliance with all city ordinances and codes;

19.3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code;

19.4. No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff’s office; and

19.5. If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010, Condemnation of blighted property.

20. Blighted Property. In conformance with RCW 35.80A.010, the City of Blaine may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. A “blight on the surrounding neighborhood” is any property, dwelling, building, or structure that meets any two of the following factors:

20.1 If a dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more;

20.2 The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the City of Blaine or the designee of the executive authority; or

20.3 The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation, the City of Blaine City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use.

(Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.210 2006 International Property Maintenance Code.

Reserved. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.220 Violation – Misdemeanor.

Any person who violates or fails to comply with any of the provisions of this chapter, or who violates or fails to comply with any city order, or who builds in violation of any detailed statement of specifications or plans submitted and approved by the city, or by a court of competent jurisdiction, within the time fixed therein, is for each and every violation or failure to comply, guilty of a misdemeanor. The imposition of a criminal penalty shall not excuse the violation or permit it to continue and shall not be held to prevent the enforced removal of prohibited conditions. Violation fees shall be contained in the uniform fee schedule. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

15.04.230 Appeals.

All appeals of any building official decision, order or determination relative to the application and interpretation of this chapter shall be made in conformance with BMC 17.06.180. (Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)

Chapter 15.05
WASHINGTON STATE ENERGY CODE*

Sections:

15.05.010 Adopted.

15.05.020 Severability.

* Prior ordinance history: Ord. 1801.

15.05.010 Adopted.

This chapter adopts the current edition of the Washington State Energy Code and the current edition of the Ventilation and Indoor Air Quality Code as enacted by the Washington State Building Code Council and filed in the Washington Administrative Code. (Ord. 2671 § 2, 2007; Ord. 2434 § 1, 1999; Ord. 2023 § 1, 1991)

15.05.020 Severability.

If any section or provision of this chapter or the Energy Code or the Ventilation and Indoor Air Quality Code, or its application to any person or circumstance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or the codes adopted thereby. (Ord. 2671 § 2, 2007; Ord. 2434 § 1, 1999; Ord. 2023 § 2, 1991)

Chapter 15.08
FIRE PREVENTION

Sections:

15.08.010 Purpose.

15.08.020 Applicability – Application.

15.08.030 Adoption of referenced codes.

15.08.040 Administrative responsibility.

15.08.050 Definitions.

15.08.060 Limitations.

15.08.070 Amendments and changes to IFC (2006).

15.08.080 Appeals.

15.08.090 Violations and penalties.

15.08.120 Repealed.

15.08.010 Purpose.

This chapter is enacted as an exercise of the police power of the city for the benefit and protection of the public at large. The purpose of this chapter is to establish minimum fire prevention standards that address building construction for the purposes of safeguarding life or limb, health or property and public welfare. It is not the intent or purpose of this chapter to impose liability on the city for failure to perform any discretionary act. Rather, it is the intent and purpose of this chapter to place the obligation of compliance with its requirements upon the party or parties involved with building construction and related work thereto, including the owner and/or the contractor. (Ord. 2672 § 2, 2007; Ord. 2579 § 1, 2004)

15.08.020 Applicability – Application.

All construction, alteration, demolition and related activities pursuant to Section 102 of the International Fire Code must comply with the provisions of this chapter. Nothing contained in this chapter shall be construed to relieve from or to lessen the responsibility or liability of any person or persons for injury or damage to persons or property caused by or resulting from any defect of any nature in any construction work performed by said person or any construction equipment owned, controlled, operated or used by the contractor; nor shall the city of Blaine or any officer, agent or employee thereof incur or be held as assuming by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided or by reasons or consequence of any things done or acts performed pursuant to the provisions of this chapter. (Ord. 2672 § 2, 2007; Ord. 2579 § 1, 2004)

15.08.030 Adoption of referenced codes.

A. The city of Blaine hereby adopts the International Fire Code (IFC), 2006 Edition, and the following IFC appendices as published by the International Code Council:

1. Appendix A, Board of Appeals;

2. Appendix B, Fire-Flow Requirements for Buildings;

3. Appendix C, Fire Hydrant Locations and Distribution.

B. The city of Blaine hereby adopts Appendix D, Fire Apparatus Access Roads, with new language that replaces the original language. The new language contained in Appendix D shall include the following provisions:

1. Section D101.1 Scope. Fire apparatus access roads (as defined in the International Fire Code) shall be in accordance with this chapter and all other applicable requirements of the International Fire Code.

2. Section D102.1 Required Access. Fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction when the facility is in excess of one hundred fifty (150) feet from fire apparatus access.

3. Section D103 Minimum Road Specifications:

a. Driveways serving one (1) or two (2) residential lots where access is less than one hundred fifty (150) feet in length. Driveways where buildings are less than one hundred fifty (150) feet from an approved access road have no specific requirements.

b. Driveways over one hundred fifty (150) feet long serving one (1) lot:

1. Width – twelve (12) foot driving surface with turnouts every six hundred feet (600) when required by Fire Marshal. To create a turnout the road shall be widened to twenty (20) feet in the direction of travel for a distance of one hundred (100) feet to allow vehicles to pull over and allow emergency vehicles to proceed. Turnout shall be located approximately midpoint for driveways over six hundred (600) feet but less than one thousand two hundred (1,200) feet.

2. Vertical Clearance – thirteen (13) foot six (6) inch unobstructed head clearance.

3. Surface – City of Blaine Public Works Department road standards.

4. Turning Radius – thirty-five (35) foot radius.

5. Turnarounds – twenty (20) feet wide, sixty (60) feet deep or City of Blaine Public Works Department road standards.

6. Bridges – designed to HS20 load, posted at both ends.

7. Grade – per City of Blaine Public Works Department road standards.

c. Emergency Vehicle Access Roads – serving more than two (2) residential units shall meet the following:

1. City of Blaine Public Works Department road standards.

2. The Fire Marshal may make modifications to these standards if the road is not buildable due to topography, waterways, non-negotiable grades, or similar conditions. These modifications are based on:

a. The structure being protected to NFPA 13D, Automatic Sprinkler System.

b. Additional fire protections features as required by the Fire Marshal.

c. Exceptions may be made for minor additions or small accessory buildings to existing dwellings when in the opinion of the Fire Marshal the addition or accessory building will not create a significantly more dangerous situation.

d. Emergency vehicle access roads or driveways shall not be obstructed in any manner, including the parking of vehicles. Width and clearance requirements of these standards shall be maintained at all times.

C. Any state amendments save and except such portions as are hereinafter deleted, modified or amended are hereby adopted and incorporated as fully as if set out in this chapter, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city of Blaine. (Ord. 2672 § 2, 2007; Ord. 2579 § 1, 2004)

15.08.040 Administrative responsibility.

A. Enforcement of the International Fire Code, as adopted under this code, shall be the responsibility of the fire code official as defined in this chapter.

B. The city may contract for fire prevention services under this chapter and delegate such responsibilities to the appointed fire code official.

C. In the event that the city contracts with a fire district, the fire chief (or his/her designee) shall be designated the fire code official. (Ord. 2672 § 2, 2007; Ord. 2579 § 2, 2004. Formerly 15.08.020)

15.08.050 Definitions.

Unless otherwise defined below, the definition of terms shall be as defined in the International Fire Code:

A. Wherever the word “fire code official” is used in the BMC or the International Fire Code, it shall be construed as the fire code official as may be appointed by the city manager, or any other person, entity or organization with which the city has contracted for fire prevention services.

B. Wherever the term “jurisdiction” is used in the International Fire Code, it shall be construed as the city of Blaine. (Ord. 2672 § 2, 2007; Ord. 2579 § 3, 2004. Formerly 15.08.030)

15.08.060 Limitations.

The limits referred to in certain sections of the 2006 International Fire Code are hereby established as follows:

A. Storage of Flammable Cryogenic Fluids. The limits referred to in Section 3204.3.1.1 of the International Fire Code, in which the storage of flammable cryogenic fluids in stationary containers is prohibited, are hereby established for all zones except “Manufacturing.”

B. Storage of Class I and II Flammable Liquids. The limits referred to in Sections 3404.2.9.5.1 and 3406.2.4.4 of the International Fire Code, in which the storage of Class I and II flammable liquids in aboveground tanks is prohibited, are hereby established for in all zones except “Manufacturing.”

Exception: The fire code official is authorized to permit the installation of outside aboveground storage and dispensing tank(s) of motor vehicle fluid in prohibited zones where the tank(s) comply with the following:

Tank design, construction and location are in accordance with nationally recognized engineering standards for the materials, construction and location, and comply with Sections 3404 and 3406 of the International Fire Code.

Aboveground dispensing tanks shall be screened as necessary from public view, and from residential neighborhoods.

C. Storage of Explosives and Blasting Agents. The storage of explosives and blasting agents, except for temporary storage and use as specifically defined in Section 3304 of the International Fire Code, shall be prohibited in all zones of the city, except in areas zoned as “Manufacturing.”

D. Storage of Liquefied Petroleum Gases. The limits referred to in Section 3804.2 of the International Fire Code restricting the storage of liquefied petroleum gases are established as follows: The aggregate capacity for liquefied petroleum gases of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 L) within the limits of the city of Blaine, except in areas zoned as “Manufacturing.”

E. Storage of Compressed Natural Gas. Within the limits established by law restricting the storage of CNG for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 183,000 cubic feet (5,181,974 L). Such installations shall be prohibited within the limits of the city of Blaine, except in areas zoned as “Manufacturing.” (Ord. 2672 § 2, 2007; Ord. 2579 § 5, 2004. Formerly 15.08.040)

15.08.070 Amendments and changes to IFC (2006).

The following sections of the International Fire Code, 2006 Edition, are hereby amended and changed as follows:

A. Section 101.1. Insert: “City of Blaine.”

B. Section 105.1.1 Permits required. Add:

Section 105.1.1.1 Fees. Fees for permits, plan reviews, inspection services, and other related work shall be accessed pursuant to the City of Blaine Fee Schedule and collected by the City of Blaine Finance Department.

C. Section 105.2. Replace with:

Application for permits shall be made to the Building Department in such form and detail as prescribed by the City. Applications for permits shall be accompanied by such plans as required by the fire code official.

D. Section 109.3. Insert: “misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for up to one year.” (Ord. 2672 § 2, 2007; Ord. 2579 § 4, 2004. Formerly 15.08.100)

15.08.080 Appeals.

Appeals of any fire code official decision, order or determination relative to the application and interpretation of this chapter shall be made pursuant to BMC 17.06.080. (Ord. 2672 § 2, 2007; Ord. 2579 § 6, 2004. Formerly 15.08.110)

15.08.090 Violations and penalties.

A. Any person who violates any provisions of this chapter shall be subject to the provisions of Section 109, Violations, of the 2006 International Fire Code and Chapter 1.28 BMC, General Penalty.

B. Where conflicts in requirements exist between this and other codes, the more stringent requirement shall be applicable. (Ord. 2672 § 2, 2007; Ord. 2579 § 8, 2004. Formerly 15.08.130)

15.08.120 New materials, processes or occupancies that may require permits.

Repealed by Ord. 2672. (Ord. 2579 § 7, 2004)

Chapter 15.09
AUTOMATIC FIRE SPRINKLER SYSTEMS

(Repealed by Ord. 2672)

Chapter 15.12
FLOOD HAZARD REGULATIONS

(Superseded by Ord. 2565)

Chapter 15.16
SWIMMING POOLS

Sections:

15.16.010 Definitions.

15.16.020 Permit – Application – Plans approval.

15.16.030 Fee for permit.

15.16.040 Safety devices.

15.16.050 Setbacks.

15.16.060 Enforcement.

15.16.070 Violation – Penalty.

15.16.010 Definitions.

For the purposes of this chapter, certain terms are defined in this section:

A. “Private” means not open to the public, not publicly owned or otherwise regulated by the state, either by statute or by rules or regulations of one of its administrative bodies.

B. “Swimming pool” means any artificially constructed, nonportable pool capable of being used for swimming or bathing, having a depth of two feet or more at any point. (Ord. 1516 § 1, 1978; prior code § 4-601)

15.16.020 Permit – Application – Plans approval.

A permit shall be applied for and issued from the building department before construction begins on any swimming pool. The application for the permit shall be accompanied by a complete and detailed set of plans and specifications of the swimming pool. Before any permit shall be issued such plans and specification shall be approved by both the building department and the health department and before any swimming pool shall be used a final inspection and approval must be had from both departments. (Ord. 1516 § 2(a), 1978; prior code § 4-602(A))

15.16.030 Fee for permit.

All applications for a permit shall be accompanied by a permit fee to be computed from the valuation of the pool from U.B.C. standard fees, current edition. (Ord. 1516 § 2(b), 1978; prior code § 4-602(B))

15.16.040 Safety devices.

A. The entire area shall be fenced so that small children cannot enter the area used for bathers.

B. Fences shall be of wood, masonry, concrete or wire, not less than five feet in height, with no opening therein, other than doors and gates, larger than three inches square.

C. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-locking device designed to keep, and capable of keeping, such gates or doors securely closed at all times when not in actual use; and all latches shall be placed at least four and one-half feet above the ground and shall be made inaccessible to children of tender years from the outside; provided, however, that the door to any dwelling occupied by human beings and forming any part of the enclosure required in this subsection need not be so equipped.

D. Such fencing and latches shall be installed prior to the filling of the pool with water for use.

E. All existing swimming pools shall comply with the provisions of this section within six months of the effective date of the ordinance codified in this chapter. Swimming pools which do not conform as to this section within the time specified in this section are declared to be a public nuisance and public hazard, and the owner and/or occupant in possession of the premises upon which the same exists shall be subject to the penalties prescribed in this chapter. (Ord. 1516 § 3, 1978; prior code § 4-603)

15.16.050 Setbacks.

All swimming pools, portable or permanent, shall be placed so as to observe the following setbacks:

A. Eight feet to the rear property line;

B. Eight feet to the side property lines;

C. Ten feet to the house or detached garage or other structures;

D. No swimming pool shall be located closer than six feet to the front building line of the house and in no case shall a swimming pool be located between the front property line and the house;

E. Corner lots shall observe the same requirements on the side street as for the front. (Ord. 1516 § 3, 1978; prior code § 4-604)

15.16.060 Enforcement.

The building official is charged with the duty of enforcing this chapter and determining whether or not the provisions and requirements of this chapter have been complied with. (Ord. 1516 § 4, 1978; prior code § 4-605)

15.16.070 Violation – Penalty.

Any person, firm or corporation who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not to exceed $300.00, or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1516 § 5, 1978)

Chapter 15.20
RADIO ANTENNAS AND SIMILAR DEVICES

Sections:

15.20.010 Permit.

15.20.020 Proximity to utility lines – Support.

15.20.030 Grounding – Conductors and insulation.

15.20.040 Ham radio operators.

15.20.050 Notice of completion – Correction of noncompliance.

15.20.060 Violation – Nuisance.

15.20.070 Violation – Penalty.

15.20.010 Permit.

No structure described in BMC 15.20.020(A) shall be constructed, erected or installed in the city after the effective date of the ordinance codified in this chapter unless a permit therefor, in writing, has first been obtained from the superintendent of the light department, at his office. A fee of $1.00 shall be paid for each permit at the time of application therefor. Temporary installation conforming to this chapter may continue for 30 days without fee after a permit is obtained and the fee paid. (Ord. 1054 § 2, 1953; prior code § 4-502)

15.20.020 Proximity to utility lines – Support.

A. No person shall install, construct, erect, maintain, use or have within the city any outside radio antenna, mast, pole or other structure whether intended for use in connection with reception or transmission of radio, telephone, telegraph or television or otherwise, which comes in contact with or in dangerous proximity to any electric light or power transmission line or wire, or any telephone or telegraph line or wire, or so that the same may become charged with electricity other than radio-frequency energy, or is mounted on, supported by or attached to any chimney, flue or smoke pipe or inserted in any vent, outlet or exhaust pipe, or otherwise is hazardous or dangerous to persons or property.

B. Each such antenna or similar device shall be mounted, supported and installed separately and independent of any other appurtenance or accessory of the building or structure upon or in connection with which the same is installed. Also, each such antenna or similar device shall be supported by four guy wires of not less than 1,000 pounds breaking strength for each 10 lineal feet or major portion thereof. (Ord. 1054 § 1, 1953; prior code § 4-501)

15.20.030 Grounding – Conductors and insulation.

All installations shall also comply with the following:

A. Metal structures supporting antennas or other devices shall be permanently and effectively grounded with not smaller than No. 8 copper conductor or its equivalent, securely fastened in place, and shall be protected from mechanical injury. Such conductor shall be properly connected to a metallic underground water system or, if not available, to a one-half-inch by eight-foot copper rod or its equivalent, and shall be run in as straight a line as possible from the metal structure to the grounding electrode.

B. Lead-in conductors outside of buildings shall have a clearance of two feet from circuits of 250 volts or less and 10 feet from the circuits of over 150 volts. Circuits below 150 volts may have a clearance of not less than four inches if all conductors are supported to ensure permanent separation. Each lead-in conductor from outdoor structures shall be protected by an approved lightning arrestor, unless enclosed in a continuous metallic conductor which has been properly grounded. Such arrestors shall be located as near as practical to the conductor entrance to the building and shall not be near combustible material or hazardous locations.

C. Radio interference eliminators, interference capacitors or noise suppressors connected to power-supply leads shall be of a type approved for the purpose and shall not be exposed to mechanical injury. (Ord. 1054 § 5, 1953; prior code § 4-505)

15.20.040 Ham radio operators.

Licensed operators of amateur radio broadcasting stations shall comply with the provisions of this chapter. Also, written notice shall be given to the superintendent of the light department of any additions, changes in location or structure of the original antenna within five days after such changes are made. (Ord. 1054 § 4, 1953; prior code § 4-504)

15.20.050 Notice of completion – Correction of noncompliance.

Notice in writing shall be given to the superintendent of the light department upon completion of installation. and any such structure not complying with any rules and regulations of the city shall be corrected within 10 days or be entirely removed. (Ord. 1054 § 3, 1953; prior code § 4-503)

15.20.060 Violation – Nuisance.

Any person who maintains any radio antenna, mast, pole or other structure, whether intended for use in connection with reception or transmission of radio, telegraph or television or otherwise, which is located, positioned or constructed in such a manner that the same may be in contact with or in dangerous proximity to any electric line or power-transmission line or wire, or does not conform to BMC 15.20.030, which device has been constructed subsequent to the passage of the ordinance codified in this chapter and in such a manner as to create a clear and present danger to public safety, is a public nuisance. (Ord. 1054 § 6, 1953; prior code § 4-506)

15.20.070 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be punished by a fine of not more than $100.00 or by imprisonment in the city jail for not to exceed 30 days, or by both such fine and imprisonment. (Ord. 1054 § 7, 1953)

Chapter 15.24
NORTHWEST ENERGY CODE

Sections:

15.24.010 Adoption.

15.24.020 Copies on file.

15.24.030 Administration.

15.24.040 Funding.

15.24.010 Adoption.

The city does adopt the Northwest Energy Code, which includes the Model Conservation Standards Equivalent Code Amendments to the Model Energy Code, a technical appendix, additional indoor air quality requirements (as set forth in the solicitation), and conversion standards as the same may be modified from time to time, regulating the erection, construction, enlargement, alteration, repair, moving, conversion, occupancy, equipment and maintenance of all buildings or structures within the city or served by the Blaine electric utility. (Ord. 1877 § 1, 1988)

15.24.020 Copies on file.

That certain documents compiling Northwest Energy Code, three copies each of which are on file and are open for inspection to the public shall be maintained in the office of the city clerk, being marked and designated as:

A. The Model Conservation Equivalent Code amendments to the Model Energy Code as the same may be amended and modified from time to time.

B. The Model Conservation Standards Equivalent Code Technical Appendix as the same may be amended from time to time.

C. The Conversion Standards as the same may be amended and modified from time to time. (Ord. 1877 § 2, 1988)

15.24.030 Administration.

The Northwest Energy Code will be administered within accordance with Chapters 1, 2. and 3 of the current adopted edition of the Uniform Building Code. (Ord. 1877 § 3, 1988)

15.24.040 Funding.

Should reimbursement funds furnished by the Bonneville Power Administration or other appropriate agency be discontinued, or otherwise determined to be inadequate to cover those incremental costs or maintain economic feasibility for the homeowner with implementation of the Northwest Energy Code, the adoption and application of the code shall become null and void and the Washington State Energy Code, as promulgated according to statute by the State Building Code Council shall become effective immediately. (Ord. 1877 § 4, 1988)

Chapter 15.30
GASOLINE SERVICE STATIONS

Sections:

15.30.010 Purpose.

15.30.020 Defined.

15.30.030 Development standards and criteria.

15.30.010 Purpose.

The purpose of this chapter is to promote the public health, safety and general welfare in the city by establishing standards for the site design and operation of gasoline service stations. The need for such standards is created by the high volume of traffic and the frequency with which vehicles enter and leave the sites. This is an inherent trait of this land use in the city. By establishing standards, it is intended that the smooth flow of traffic will be facilitated and greater safety will be provided for the residents of Blaine and for automobile passengers and pedestrians. It is also the purpose of this chapter to establish development and operational regulations consistent with the health, safety and general welfare objectives of the city and which are appropriate to the characteristics of this land use. (Ord. 1999 § 1, 1990)

15.30.020 Defined.

A “gasoline service station” means a building, lot, structure, or facility having pumps and storage tanks where fuel, gasoline, oil or other similar products are dispensed, sold or offered for sale at retail only; vehicle repair service is minor and incidental and shall include accessory uses such as car washes and food marts. (Ord. 1999 § 1, 1990)

15.30.030 Development standards and criteria.

A. Code Compliance. All gasoline service stations shall be in conformance and compliance with the following:

1. Uniform Building Code as adopted by the city;

2. Uniform Fire Code as adopted by the city;

3. City of Blaine zoning code;

4. All other applicable city codes and ordinances;

5. All applicable state statutes;

6. All applicable federal regulations.

B. Traffic Study. A traffic impact analysis will be required whenever a gasoline station meets one or more of the following conditions:

1. A new gasoline service station is proposed;

2. An existing gasoline service station increases pumping capacity through the addition of hoses and/or pumps;

3. The site of an existing gasoline service station is expanded in size or reconfigured to allow such expansion;

4. Existing ingress or egress to a gasoline service station is modified;

5. An existing service station is reopened for business after a closure of six months or more.

The traffic impact analysis shall contain, at a minimum, the following information:

1. Analyze future or horizon year (year or opening and five years from opening) level of service (LOS) conditions with and without project;

2. Analyze proposed driveway level of service for proposed projects; check sight distance;

3. Evaluate potential queuing problems or parking problems;

4. Determine percentage of project traffic to total future traffic (used in cost allocation analysis if necessary);

5. Signal warrant analysis if appropriate.

C. Development Standards. Development standards and criteria of the zoning district/subzone shall apply unless otherwise noted in this section.

1. Lot Size. Minimum lot size shall be 14,400 square feet.

2. Lot Frontage. Adequate to accommodate ingress and egress to the site, with a minimum of 170 feet. The minimum distance of any driveway from the right-of-way line of an intersection shall be 50 feet and the minimum distance of any driveway from an adjacent property line 25 feet.

3. Lighting. On-site lighting shall be located. directed, and/or shielded in a manner which reduces light glare or spill onto adjacent properties or rights-of-way. Lighting shall be designed per IES (Illuminating Engineers Society) recommended guidelines for light level intensity.

4. Off-Street Parking. One stall per employee of the gasoline service station. For uses associated with or accessory to the gasoline service station parking requirements shall be as specified in Chapter 17.58 BMC and Appendix B of the municipal code.

5. Signs shall comply with applicable provisions of the city municipal code, Title 17 BMC, Division IV.

6. Separate public restrooms shall be provided for male and female and shall be barrier-free in conformance with Chapter 51-10 WAC.

7. A dumpster enclosure containing a dumpster shall be located strategically on the site in sufficient number to reduce off-site litter.

8. Trash receptacles shall be located strategically on the site in sufficient number to reduce off-site litter.

9. All portions of a gasoline service station site not utilized for landscaping or for other open space use shall be paved. All perimeters shall be landscaped in conformance with BMC 17.38.110.

10. No gasoline service station shall be located less than 300 feet from any park, playground, church, school or public place of assembly.

D. Ingress/Egress and On-Site Circulation.

1. Separate ingress and egress points shall be provided unless a traffic study demonstrates that a dual ingress and egress driveway can be implemented without adverse impact on adjacent streets.

2. No direct ingress to a gasoline service station shall be permitted from arterials as defined in the Blaine Transportation Study per T.I.B. standards.

3. A minimum of 70 feet of clear vehicle stacking space (queuing) shall be provided on-site and in line with each row of pump islands.

4. Driveways shall be a minimum of 35 feet in width.

5. Alleys shall not be used for ingress or egress.

E. Operational Standards.

1. All vehicle service activities shall be conducted within a building designed in such a fashion that these activities are not visible from arterials.

2. No operation, service, or activity shall be permitted which would constitute a legal nuisance problem.

3. A formal litter control program, as approved by the city, shall be implemented.

4. Accessory truck, trailer, and vehicle rental or sales shall be permitted where allowed by zoning.

5. No major vehicle repair shall be conducted on-site. Major repair shall include, but not be limited to, body repair and straightening or disassembly of body or engine parts.

6. Gasoline fueling operations shall be under the visual control of the station attendant either by direct visual contact or electronic means (camera).

7. All pumps shall be without automatic latch-open devices.

8. A policy manual for the management of hazardous materials incidents is to be submitted to the city for review and approval prior to occupancy of the facility.

F. Insurance Liability.

1. Each service station operator shall obtain and maintain from a reputable insurer comprehensive general liability insurance against claims occurring on or about the property or as a result of business thereat in the amount of $3,000,000 combined single limit coverage.

2. A service station operator may insure under this provision within the coverage of any blanket policy or policies of insurance which it or any parent, partner, subsidiary, or affiliate may now or hereinafter carry, provided city’s protection herein shall not be diminished.

3. Certificate(s) of the insurance herein required shall be furnished to the city on application for business license and on subsequent renewals of or changes in licensing. Such certificate(s) shall indicate that the city be notified in writing at least 10 days prior to any alteration or cancellation of any insurance herein. (Ord. 1999 § 1, 1990)

Chapter 15.32
AIRFIELD AREA REGULATIONS
[Effective Until Official Closure of
Blaine Municipal Airport]

Sections:

15.32.010 Definitions.

15.32.020 Airport zones.

15.32.030 Airport zone height limitations.

15.32.040 Use restrictions.

15.32.050 Nonconforming uses.

15.32.060 Permits.

15.32.070 Enforcement.

15.32.080 Variances and appeals.

15.32.090 Judicial review.

15.32.100 Penalties.

15.32.110 Conflicting regulations.

15.32.010 Definitions.

As used in this chapter, unless the context otherwise requires:

A. “Airport” means Blaine Municipal Airport.

B. “Airport elevation” means the highest point of an airport’s usable landing area measured in feet from sea level.

C. “Approach surface” means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in BMC 15.32.030. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

D. Approach, Transitional, Horizontal, and Conical Zones. These zones are set forth in BMC 15.32.020.

E. “Hearing examiner” means the hearing examiner as provided in Chapter 2.58 BMC.

F. “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

G. “Hazard to air navigation” means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

H. Height. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.

I. “Horizontal surface” means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

J. “Nonconforming use” means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.

K. “Obstruction” means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in BMC 15.32.030.

L. “Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; “person” includes a trustee, a receiver, an assignee, or a similar representative of any of them.

M. “Primary surface” means a surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in BMC 15.32.020. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

N. “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

O. “Structure” means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

P. Transitional Surfaces. These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each one foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Q. “Tree” means any object of natural growth.

R. “Utility runway” means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

S. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures. (Ord. 2507 § 2, 2002; Ord. 2275 § 2, 1996)

15.32.020 Airport zones.

In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Blaine Municipal Airport. Such zones are shown on the Blaine Airport Zoning Map consisting of one sheet, prepared by the city’s engineering division, which is attached to the ordinance codified in this chapter, on file in the office of the city clerk, and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

A. Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

B. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

C. Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

D. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. (Ord. 2275 § 2, 1996)

15.32.030 Airport zone height limitations.

Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

A. Utility Runway Visual Approach Zone. Slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center-line.

B. Transitional Zone. Slopes seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping seven feet outward for each one foot upward beginning at the sides of and at the

same elevation as the approach surface, and extending to where they intersect the conical surface.

C. Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 250 feet above mean sea level.

D. Conical Zone. Slopes 20 feet outward for each one foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. (Ord. 2275 § 2, 1996)

15.32.040 Use restrictions.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. (Ord. 2275 § 2, 1996)

15.32.050 Nonconforming uses.

A. Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance, and is diligently pursued; provided, however, that the city of Blaine specifically adopts RCW 14.08.030 and reserves the right conferred upon the city by virtue of that statute to enter upon property and remove any object, structure or tree that the city determines to be a hazard to aviation or in any way impairs or impedes the safe ingress or egress to the airport runway.

B. Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the city of Blaine airport fund. (Ord. 2275 § 2, 1996)

15.32.060 Permits.

A. Future Uses. Except as specifically provided in subsections (A)(1), (2) and (3) of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with subsection D of this section.

1. In the area lying within the limits of the horizontal and conical zones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter.

B. Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted; provided, however, that the city specifically adopts RCW 14.08.030 and reserves the right conferred upon the city by virtue of that statute to enter upon property and remove any object, structure, or tree that the city determines to be a hazard to aviation or in any way impairs or impedes the safe ingress or egress to the airport runway.

C. Nonconforming Uses Abandoned or Destroyed. Whenever the airport manager determines that a nonconforming structure has been abandoned or more than 50 percent torn down, physically deteriorated or decayed, or damaged by any means, he/she shall so notify the department of community and economic development, and no permit shall be granted that would allow such structure to exceed the applicable height limit or otherwise deviate from the zoning regulations.

D. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the hearing examiner for a variance from such regulations. The application for variance shall be accompanied by a determination from the State of Washington Aeronautics Division and the Federal Aviation Administration where applicable as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice to, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the hearing examiner unless a copy of the application has been furnished to the airport commission and airport manager for advice as to the aeronautical effects of the variance. If either the airport manager or airport commission fails to respond to the application within 45 days after receipt, the hearing examiner may act on his/her own to grant or deny said application.

E. Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner’s expense, such markings and lights as may be necessary. (Ord. 2507 § 2, 2002; Ord. 2410 § 1, 1999; Ord. 2275 § 2, 1996)

15.32.070 Enforcement.

The regulations prescribed herein shall be administered and enforced by the department of community and economic development. Applications for permits and variances shall be made to the department of community and economic development upon a form published for that purpose. Applications required by this chapter to be submitted to the department of community and economic development shall be considered and granted or denied within 120 days from date of acceptance as complete applications. If a response by the State of Washington Aeronautics Division and/or the FAA is necessary for the hearing examiner to make his/her decision, and if this response is not received by the hearing examiner within a time which would permit compliance with this 120-day period, the time limit for the hearing examiner’s decision-making may be extended by the amount of delay caused by the State of Washington Aeronautics Division or the FAA. Application for action by the hearing examiner shall be forthwith transmitted by the department of community and economic development. (Ord. 2507 § 2, 2002; Ord. 2410 § 2, 1999; Ord. 2275 § 2, 1996)

15.32.080 Variances and appeals.

Applications for variance and appeals shall be processed by the hearing examiner as provided at Chapter 17.62 BMC. (Ord. 2507 § 2, 2002; Ord. 2275 § 2, 1996)

15.32.090 Judicial review.

Any person aggrieved, or any taxpayer affected, by any decision of the hearing examiner may appeal to Whatcom County superior court, as provided by the Public Laws of the State of Washington. (Ord. 2507 § 2, 2002; Ord. 2275 § 2, 1996)

15.32.100 Penalties.

Each violation of this chapter or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than $5,000 or imprisonment for not more than 365 days or both; and each day a violation continues to exist shall constitute a separate offense. (Ord. 2275 § 2, 1996)

15.32.110 Conflicting regulations.

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 2275 § 2, 1996)

Chapter 15.34
FEE DEFERRAL

Sections:

15.34.010 Fee deferral allowed.

15.34.020 Fee deferral request submittal requirements.

15.34.030 Procedures for review and consideration of fee deferral request.

15.34.040 Approval criteria for fee deferral request.

15.34.050 Conditions of approval of fee deferral request.

15.34.010 Fee deferral allowed.

The city council may grant deferral of the payment of certain fees as set forth herein. The city council may defer the fees identified below upon compliance with the following process and requirements, and the city council determination that the request meets the requirements set forth in BMC 15.34.040 and 15.34.050. No fee deferral may be granted to any development that has not already received all land use approvals as required by Title 17 BMC. The city council shall only have the authority to defer city-imposed fees as allowed by law. The conditions of approval set forth in the sections below shall apply to all fee deferrals granted by the city. A fee deferral request is not a land use decision subject to the requirements of Chapter 36.70B RCW et seq. The fees eligible for possible deferment upon approval by the city council are:

A. BMC 15.04.110, Building permit fees. (Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)

15.34.020 Fee deferral request submittal requirements.

In order to have a fee deferral request considered, the applicant shall submit to the city clerk’s office a fully completed application containing at a minimum the following:

A. A fully completed fee deferral request form provided by the city of Blaine public works department and community development services department.

B. Evidence from the city of Blaine community development services department that the applicant(s) seeking the fee deferral has/have received all necessary land use approvals from the city including, if required, approvals from the Blaine planning commission, city council or of the Blaine community development services department as required by city code.

C. Evidence that the applicant(s) requesting the fee deferral is/are the owner(s) of the real property on which the proposed project is sited.

D. The applicant(s) shall set forth in writing as part of the application the reasons for the request. The request shall specifically set forth how the project is consistent with the city’s policies and regulations in the central business-market district and the central business-wharf district zones and how it will create employment and/or contribute substantially to the city’s tax base.

E. Specify what fees or portion of fees are requested to be deferred. (Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)

15.34.030 Procedures for review and consideration of fee deferral request.

Upon receipt of a fully complete application for a fee deferral request, the city clerk shall:

A. Distribute copies of the request to the city finance department, the city of Blaine community development services department, the city’s building official, the city public works department, and the city manager.

B. Schedule a public hearing before the city council regarding the fee deferral request.

C. Distribute copies of the fee deferral request packet to the city council members as part of the council packet. (Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)

15.34.040 Approval criteria for fee deferral request.

The city council may in its sole discretion, upon conclusion of the public hearing and after considering all public and staff comments, defer all or a part of the fees for a development project upon making the following findings based upon evidence in the record:

A. The project considered for a fee deferral is located wholly within the central business-market district or the central business-wharf district zone as defined in the city’s zoning ordinance and map.

B. The city council enters findings of fact based upon evidence in the record that the project for which the fee deferral request is made is consistent with the city’s vision, policies and regulations for the central business-market district or the central business-wharf district zone area and that the project will likely create employment in that area of the city and/or contribute substantially to the city’s tax base.

C. The project creates additional private sector jobs and/or leverages private sector investment so that the city’s tax base is substantially increased as a result of said project. (Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)

15.34.050 Conditions of approval of fee deferral request.

In the event that the city council grants approval of the fee deferral, the following are conditions of any such approval and may not be waived as part of any decision:

A. The project/property owner(s) shall enter into a “fee deferral agreement” as approved by the city attorney, city manager, and city council. This agreement shall be recorded on the property and shall run with the land and be binding upon all successors, heirs and assigns.

B. Construction on the project for which the deferral request is approved shall start within 60 days of the approval of the building permit for the project. If the project does not start within this time frame, the fee deferral is void without further action required.

C. The fee deferral shall not exceed a period of more than two years from the date of approval of the fee deferral by the city council or sale of the property, whichever occurs first. All deferred fees shall be due on sale of the property or transfer of any interest in the entity that owns the property.

D. The deferral shall not include any costs of notices, publications, legal review and other direct costs which must be paid by the city.

E. Fees that have been deferred shall be paid in full before a final inspection and any type of occupancy permit is issued.

F. If the applicant has complied with all of the conditions set forth in Chapter 13.21 BMC et. seq., and this chapter et seq., then capacity in the city’s water system and wastewater system shall be reserved for the development until such time as the fees are paid in full. However, in the event that such fees are not paid in full as required herein or in the fee deferral agreement, then such capacity in the city’s water system and wastewater system shall no longer be reserved for the property owner, and the property owner shall not be entitled to a forfeiture of any fees paid. (Ord. 2679 § 1, 2007; Ord. 2669 § 1, 2007)