Blaine Municipal Code

Title 17

LAND USE AND DEVELOPMENT

Chapters:

17.01 Authority, Purpose and Definitions

Division 1. Administration

17.02 General Provisions

17.04 Amendments

17.06 Project Review and Approval Procedures

17.06A Design Review

17.07 Site Plan Review

Division 2. Enforcement

17.08 Violations and Enforcement

Division 3. Zoning Districts

17.10 Zoning Districts and Map

17.12 Airport Zoning District [Effective Until Official Closure
of Blaine Municipal Airport]

17.12 Gateway (Mixed Use) Zoning District [Effective After Official
Closure of Blaine Municipal Airport]

17.14 Manufacturing Zoning District

17.16 Deleted

17.20 Marine Planned Recreation Zoning District

17.22 Central Business District (CBD)

17.23 CB – Wharf Zoning District

17.24 Highway Commercial Zoning District

17.26 Residential/Office (R/O) Zoning District

17.28 Residential High-Density Zoning District

17.30 Residential Medium-Density Zoning District

17.31 Single-Family – 2 (SF-2) Zoning District

17.32 Single-Family – 1 Unit/Lot (SF-1) Zoning District

17.34 Residential Low-Density Zoning District

17.38 Residential Planned Recreation Zoning District

17.40 Repealed

17.42 Planned Residential Zoning District

17.44 Planned Commercial Zoning District

17.45 Public Zoning District

17.46 Adult Entertainment Overlay Zoning District

17.48 Planned Unit Development

Division 4. Platting and Major Development Approval Procedures

17.50 General Provisions

17.54 Short Subdivisions

17.56 Preliminary Plat

17.58 Final Plat

17.60 Binding Site Plan Approval

17.62 Design Requirements

17.64 Major Development

17.66 Improvement Standards

17.68 Variances

17.70 Fees

Division 5. Environmental and Cultural Resource Management

17.80 SEPA Guidelines

17.81 Shoreline Management Master Program

17.82 Natural Resource Lands and Critical Areas Management

17.83 Wetland Management

17.84 Land Disturbance

17.85 Cultural Resources and Archaeological Site Management

17.86 Flood Hazard Regulations

17.89 Fees

Division 6. Development Requirements

17.90 Building Permits

17.92 Conditional Use Permits

17.94 Nonconforming Uses

17.96 Home Occupations

17.98 Bed and Breakfast Establishments

17.100 In-Home Child or Adult Care Business

17.102 Accessory Apartments

17.104 Accessory Structure Setbacks

17.106 Special Uses

17.108 Recreational Vehicle Parks

17.110 Essential Public Facilities

17.112 Manufactured Homes – General Regulations

17.114 Manufactured Home Subdivisions

17.116 Manufactured Home Parks

17.118 Fees

Division 7. Design Standards and Guidelines

17.119 Wharf Zoning District Design Standards

17.120 Downtown Design Standards

17.121 Residential Design Standards

17.122 Signs

17.124 Parking and Loading

17.126 Landscaping

17.128 Fences, Walls and Hedges

17.130 Corner Lots

17.132 Right-of-Way Encroachment – Outdoor Storage

17.134 Repealed

17.136 Yard Obstructions

17.138 Architectural Projections into Yards

17.140 Outdoor Parking and Outdoor Storage Limitations

Division 8. Definitions

17.142 Definitions

Chapter 17.01
AUTHORITY, PURPOSE AND DEFINITIONS

Sections:

17.01.010 Statutory authority.

17.01.020 Purpose – Blaine land use and development code.

17.01.030 Appeals.

17.01.010 Statutory authority.

This title is adopted pursuant to the provisions of Chapters 36.70A and 36.70B RCW which require cities to adopt development regulations that are consistent with and implement their comprehensive plans that were adopted pursuant to the State Growth Management Act. (Ord. 2554 § 3, 2003)

17.01.020 Purpose – Blaine land use and development code.

The purpose of this title is to implement the goals, policies and objectives of the city’s comprehensive plan by providing procedures and regulations to control the development of land in the city of Blaine in a manner that promotes the public health, safety and welfare and provides for the environmental and economic well-being of the community. (Ord. 2554 § 3, 2003)

17.01.030 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Division 1. Administration

Chapter 17.02
GENERAL PROVISIONS

Sections:

17.02.010 Purpose.

17.02.020 Title.

17.02.030 Application.

17.02.040 Interpretation and conflict.

17.02.050 Administrative responsibilities.

17.02.060 Appeals.

17.02.010 Purpose.

The purpose of Division 1 of this title is to establish administrative responsibilities under the Blaine land use and development code. (Ord. 2554 § 3, 2003)

17.02.020 Title.

This title may be cited as either:

A. BMC Title 17;

B. City of Blaine land use and development code; or

C. Land use and development code. (Ord. 2554 § 3, 2003)

17.02.030 Application.

A. This title shall apply to all lands within the city of Blaine.

B. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this code.

C. No lot lines shall be changed nor new lots or lot lines created except in conformance with this code. (Ord. 2554 § 3, 2003)

17.02.040 Interpretation and conflict.

A. In their interpretation and application, the provisions of this title shall be held to the minimum requirements adopted for the promotion of the public health, safety, morals, or general welfare.

B. It is not intended that this title should interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. Where this title imposes a greater restriction upon the use of buildings, land and height of buildings or requires larger spaces than are imposed or required by other resolutions, rules, regulations or by easements, covenants, or other agreements, the provisions of this title shall govern.

C. When uncertainty exists as to the location of any regulatory boundaries, such as districts or shoreline environments shown on any official map adopted as part of this title, the following rules shall apply:

1. Where district boundaries are indicated as approximately following the centerline of streets, alleys, or highways, the actual centerline shall be construed to be the boundary;

2. Where district boundaries are indicated as running approximately parallel to the centerline of the street, the boundary shall be construed to be parallel to the centerline of the street;

3. Where boundaries are indicated as approximately following the lot or tract lines, the actual lot or tract line shall be construed to be the boundary;

4. Where a regulatory boundary divides a tract in unsubdivided property, the location of the district boundary, unless the same is indicated by the dimensions thereon, shall be determined by use of the scale appearing on such map;

5. Regulatory boundaries indicated as following shorelines shall be construed to follow such shorelines, and if the shoreline changes, shall be construed as moving with the actual shoreline;

6. Boundaries indicated as following railroad lines shall be construed to be in the centerline of the right-of-way;

7. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street or alley;

8. If the location of the boundary is still uncertain after applying the rules set out above, the director shall make a determination on the location of the boundary. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.02.050 Administrative responsibilities.

A. Director.

1. The director shall have the responsibility for administering the provisions of this title including the interpretation and application of its provisions;

2. The director shall make final decisions on all permits and approvals not explicitly delegated to another decision-making body;

3. The director shall act as a coordinating agent to ensure that the regulatory process is expeditious. All departments of city government shall cooperate with the director in the exercise of his or her duties relative to land use controls and regulations;

4. The director shall establish a city of Blaine technical review committee (TRC) with the director serving as chairperson; and

5. The director shall serve as the secretary of the review authority.

B. Technical Review Committee (TRC).

1. In addition to the director, the TRC shall be made up of the director of public works or his or her designee, and the building official or his or her designee. The director may expand the membership of the committee to include other city staff members with particular expertise in the matter under consideration;

2. The TRC shall convene to review and make recommendations on the following applications prior to their approval by the approving authority:

a. Applications for short and long subdivision;

b. Applications for rezones and comprehensive plan amendments;

c. Applications for annexations; and

d. Such other applications or matters as the director may choose to bring before the committee for their consideration;

3. The role of the TRC is advisory only. The final decision on any matter brought before the TRC rests with the approving authority. The interpretation and the application of a particular statute, code, rule or policy rests with the administrative official charged with the responsibility for administering that statute, code, rule or policy and is not subject to review by the TRC unless such review is requested by the responsible director.

C. Hearing Examiner (HE).

1. The hearing examiner shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters:

a. Appeals from any orders, requirements, permits, decisions or determinations made by the director in the administration of BMC Titles 16 and 17 except as provided in subsection (D)(1)(i) of this section;

b. Appeals from SEPA determinations of significance, determinations of nonsignificance, and mitigated determinations of nonsignificance; and

c. Revocation proceedings involving all project proposals requiring an open record hearing.

D. Review Authority.

1. The review authority shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters except as provided in subsection (D)(2) of this section:

a. Applications for zoning conditional use permits;

b. Applications for shoreline management substantial development permits;

c. Applications for shoreline management program conditional use permits;

d. Applications for long subdivision approval;

e. Project permits that require a variance request;

f. Applications for short plat approval when a short plat variance is being requested;

g. Applications for general binding site plan approval;

h. Applications for zoning or shoreline variances which accompany any of the applications listed in subsection (D)(1) of this section; and

i. Appeals of administrative decisions made by the director in the administration of the design guidelines and sign review regulations.

2. The review authority shall conduct an open record hearing and prepare a record thereof, and make recommendations to the city council for approval or disapproval of applications made for the project permits listed below:

a. Major development permits;

b. Planned unit development permits; and

c. An application for any of the project permits for which the review authority would normally make a final decision as provided in subsection (D)(1) of this section, when associated with a major development permit or a planned unit development. The decision on these permit applications shall instead be in the form of a recommendation to be forwarded to the city council for final approval.

3. The review authority shall review and make recommendations to the city council on proposed amendments to the land use and development code and on proposed new regulations thereunder.

E. City Council (CC).

1. The city council shall make a final decision on the following applications for project permits:

a. Major development permits;

b. Planned unit developments;

c. Associated land use permits.

2. The city council, through its chairperson, shall review and sign final plats.

3. The city council shall hear appeals of hearing examiner and review authority decisions as provided in BMC 17.06.180. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.02.060 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.04
AMENDMENTS

Sections:

17.04.010 Purpose.

17.04.020 Types of amendments defined.

17.04.030 Initiation of amendments.

17.04.040 Initiation of amendments that require a comprehensive plan amendment.

17.04.050 Processing amendments.

17.04.060 Public notice.

17.04.070 Amendment review schedule.

17.04.080 Special provisions.

17.04.090 Transmittal of amendments to the state.

17.04.100 Appeals.

17.04.110 Fees.

17.04.010 Purpose.

The purpose of this chapter is to define the types of land use and development code amendments and establish time lines and procedures to be followed when proposals are made for amending or revising the city’s land use and development code and official maps. (Ord. 2554 § 3, 2003)

17.04.020 Types of amendments defined.

A. “Standard zoning map amendment” means a proposed change or revision to the official city of Blaine zoning map that affects a number of properties under various ownerships. A standard map amendment is generally comprehensive in nature, deals with homogenous communities, is geographically distinctive, or has unified interest within the city, such as a neighborhood plan. Rezone agreements may be executed for standard zoning map amendments pursuant to BMC 17.04.070.

B. “Text amendments” means a proposed change or revision in the text of this title, the city’s land use and development code. (Ord. 2554 § 3, 2003)

17.04.030 Initiation of amendments.

Amendments to the Blaine land use and development code and/or to the official city zoning map or shoreline map may be initiated as follows:

A. The director may initiate the amendment process by placing the proposed amendment(s) on the review authority agenda;

B. The city’s review authority may initiate an amendment(s) by majority vote of its members to place an amendment proposal on the review authority agenda;

C. The city council may initiate an amendment by approving a resolution to place a proposed amendment(s) before the review authority. The resolution shall be forwarded to the director who, unless directed otherwise by the city council, shall place the amendment on the land use and development code docket to be scheduled for consideration by the review authority;

D. A citizen may initiate an amendment(s) and have it placed on the land use and development code docket by making application on a form provided by the director and pay a processing fee pursuant to Blaine’s unified fee schedule. The director shall be responsible for the placement of the amendment proposal on the land use and development code docket; and

E. Items are moved from the land use and development code docket to the review authority agenda of a scheduled meeting of the review authority by the secretary of the review authority. Amendments may be placed on the land use and development docket at any time during the year. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.04.040 Initiation of amendments that require a comprehensive plan amendment.

Amendments to the text or official maps of the Blaine land use and development code that also necessitate an amendment to the comprehensive plan shall only be placed on the land use and development code docket if the accompanying comprehensive plan amendment is initiated as provided in Chapter 16.04 BMC. If the necessary comprehensive plan amendment is not initiated by the city council, the land use and development code amendment will not be considered. (Ord. 2554 § 3, 2003)

17.04.050 Processing amendments.

Amendments to this title shall be processed in the following manner:

A. Citizen-Initiated Amendments. For citizen-initiated amendments the director shall evaluate each application for completeness and may request additional information of the applicant. Upon a determination that the application is complete, the proposal shall be processed as set forth in subsection B of this section.

B. Processing Amendments.

1. The director shall process amendments in the following manner:

a. Conduct environmental review under SEPA for each amendment or group of amendments as appropriate;

b. Prepare a staff report including findings and recommendations for each initiated text and/or map amendment, or group of amendments, as appropriate; and

c. Schedule a public hearing before the review authority and forward the staff report, including the result of the environmental review, to the review authority.

2. The staff report required in subsection (B)(1)(b) of this section shall:

a. Evaluate the initiated amendment(s) in relationship to the goals, objectives and policies of the Blaine comprehensive plan;

b. Consider environmental implications as identified by the city SEPA official; and

c. Evaluate compliance with any other special provision as set forth in BMC 17.04.080.

3. The review authority shall receive the staff report and schedule a public comment period to include the date of a public hearing(s) on the amendment.

4. At the conclusion of the public comment period, the review authority shall meet to evaluate and deliberate on each amendment in relationship to the following:

a. Goals, policies and objectives of the comprehensive plan; and

b. Compliance with any other special provisions as provided by BMC 17.04.080.

5. The review authority shall make a recommendation as to whether the amendment should be:

a. Approved;

b. Approved with modifications; or

c. Denied.

6. The director shall prepare an agency report containing written findings and the review authority’s recommendation for each amendment or group of amendments, as applicable. The director shall also prepare a draft ordinance consistent with and incorporating the decision and findings of the review authority; provided, that no draft ordinance is required if the recommendation is not to approve the amendment. The agency report together with the draft ordinance, if any, shall be forwarded to the city council within 30 days of the review authority’s final decision.

7. The city council shall receive the agency report and the draft ordinance, if any, and at its next regular public meeting, set a date for a public meeting, where it shall consider the findings and recommendations of the review authority and may take any of the following actions on the amendment proposal:

a. By ordinance, adopt the amendment;

b. By motion, reject the amendment;

c. By resolution, remand the proposed amendment back to the review authority, with instructions for its reconsideration; or

d. If, after deliberating, the city council believes the public interest may be better served by departing from the recommendation of the review authority, the city council shall conduct their own public hearing on the proposed amendment. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.04.060 Public notice.

Public notification of an open record hearing shall be completed in a manner consistent with the public notification requirements contained in BMC 16.04.130. (Ord. 2554 § 3, 2003)

17.04.070 Amendment review schedule.

A. Applications for amendments to this title and official maps adopted by this title are accepted throughout the year.

B. Applications will generally be processed in the order received; provided, that the department may change the processing order if a different order would result in a more efficient use of staff time and that of the review authority. The date for establishing the processing order shall be the date the application is determined to be complete by the director. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.04.080 Special provisions.

A. Suggesting Revisions to the Blaine Land Use and Development Code.

1. Notwithstanding the provisions of BMC 17.04.030, interested persons, including applicants, citizens, hearing examiners, and staff of other agencies, may suggest amendments to this title and to the official maps adopted by this title by completing and submitting a suggested amendment application form provided for that purpose by the director.

2. The director shall maintain a record of each completed suggested amendment form received. There is no processing fee for submitting suggestions for amendments.

3. At least once a year, the director shall review and evaluate suggested amendments. Those suggested amendments that the director considers further the public interest or further the goals, policies or objectives of the comprehensive plan may be initiated by the director as amendment(s) by adding them to the land use and development code docket.

4. The review authority and the city council may also review the suggested amendment forms from time to time and may place a suggested amendment on the land use and development code docket in the manner established in BMC 17.04.030 for that body. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.04.090 Transmittal of amendments to the state.

Pursuant to RCW 36.70A.106(3) and WAC 365-195-620, the director shall notify and transmit copies of initiated amendments to this title and the official city zoning map to the Washington State Office of Community Development (OCD) and other state agencies identified on a list distributed by OCD at least 60 days prior to final adoption. The director shall also transmit a complete and accurate copy of zoning amendments to OCD within 10 days after the enacting ordinance is signed by the mayor. (Ord. 2554 § 3, 2003)

17.04.100 Appeals.

Decisions made by the city council for this chapter shall be final and conclusive. Pursuant to RCW 36.70A.290 and 36.70A.295, appeals of a final decision by the city council under this chapter may be petitioned through the Growth Management Hearings Board of Western Washington or through direct judicial review. (Ord. 2554 § 3, 2003)

17.04.110 Fees.

All applicants shall pay fees as specified in the unified fee schedule at the time of application. (Ord. 2554 § 3, 2003)

Chapter 17.06
PROJECT REVIEW AND APPROVAL PROCEDURES

Sections:

17.06.010 Purpose.

17.06.020 Applicability.

17.06.030 Exemptions.

17.06.040 Land use final decisions and land use decision types.

17.06.050 Preapplication conference.

17.06.060 Application submittal information.

17.06.070 Receipt of application and determination of completeness.

17.06.080 Vesting of applications.

17.06.090 Land use decision time periods.

17.06.100 Notice of application requirements.

17.06.110 Notice of the open record hearing.

17.06.120 Notice of final decision.

17.06.130 Final decision procedural requirements.

17.06.140 Integrated SEPA procedures.

17.06.150 Consolidated permit review.

17.06.160 Consistency review by agencies.

17.06.170 Variances.

17.06.180 Appeals.

17.06.190 Appeals to the Whatcom County superior court.

17.06.010 Purpose.

The purpose of this chapter is to provide an efficient and expeditious process for the review of land use and development proposals. (Ord. 2554 § 3, 2003)

17.06.020 Applicability.

The land use review processes in this chapter shall apply to review procedures required under the Blaine land use and development code to make a decision on public and private activities affecting the use of property in the city. These actions may include but are not limited to administrative decisions, enforcement actions, decisions on land division, zoning variances, zoning amendments, site plan review and appeals of those actions. (Ord. 2554 § 3, 2003)

17.06.030 Exemptions.

A. The following permits or approvals are not subject to the project permit review procedures required under this chapter:

1. Legislative actions (Type III-LEG) subject to BMC Title 16;

2. Landmark designation permits;

3. Street vacation permits under Chapter 35.79 RCW;

4. Street excavation or obstruction permits;

5. Public works utility projects;

6. Public works projects identified in the city’s comprehensive plan;

7. Project approvals on public lands;

8. Other administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW), or for which environmental review has been completed in connection with other project permits, including but not limited to:

a. Administrative enforcement actions;

b. Administrative approval of building permits;

c. Administrative approval of permitted and accessory uses;

d. Exemptions to the regulatory requirements of this title (subdivisions, State Environmental Policy Act (SEPA), shoreline management program (SMP);

e. Administrative approval of boundary line adjustments;

f. Administrative approval of specific binding site plans;

g. Administrative approval of natural resource lands and critical area review;

h. Administrative approval of land disturbance review;

i. Administrative approval of nonconforming uses;

j. Administrative approval of design standards pursuant to Chapter 17.120 BMC;

9. Other project permits, whether administrative or quasi-judicial, that the city council has determined by ordinance or resolution present special circumstances that warrant a different review process.

B. A final decision must be made within 90 days of the stamped submittal date of an application unless the director can show clear evidence of delay on the part of the applicant.

C. Administrative decisions under this section shall be appealable to the hearing examiner consistent with BMC 17.06.180(A). (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.06.040 Land use final decisions and land use decision types.

A. Land Use Decision Categories. Project applications and final decisions shall be categorized as Type I-ADM, Type II-HE, Type II-PC, Type II-CC or Type III-LEG, and are defined as follows:

1. Type I-ADM. Type I-ADM final decisions are administrative decisions, rulings, and code interpretations made by the director as authorized under the Blaine land use and development code;

2. Type II. Type II final decisions are quasi-judicial decisions and fall under one of three categories as listed and described below. Wherever the term “Type II” is used by itself it shall be construed to include any or all three categories of Type II final decisions.

a. Type II-HE. Type II-HE final decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing and can include project permit approvals and appeals of administrative final decisions;

b. Type II-PC. Type II-PC final decisions are quasi-judicial decisions made by the planning commission following an open record hearing;

c. Type II-CC. Type II-CC final decisions are quasi-judicial decisions made by the city council. With few exceptions, Type II-CC final decisions are closed record decisions based on the record developed at an open record hearing held either by the planning commission or hearing examiner. Type II-CC final decisions include, but are not limited to, decisions regarding land use appeals and on certain types of land use approvals;

3. Type III-LEG. Type III-LEG final decisions are legislative decisions made by city council and are not subject to the review procedures outlined in this chapter. Type III-LEG final decisions for amendments to Blaine’s comprehensive plan are outlined in Chapter 16.04 BMC. Type III-LEG final decisions for amendments to the land use and development code are outlined in Chapter 17.04 BMC.

B. The four flow charts below provide summary information about the characteristics of Type I and Type II decisions, noting, among other things, who makes the final decision and whether an open record hearing is required.

C. Hierarchy of Land Use Decision Types. Land use decision types shall be ranked in order of authority from lowest level to highest as follows: Type I-ADM, Type II-HE, Type II-PC, Type II-CC and Type III-LEG.

D. In the event of uncertainty as to the applicable decision type for a specific permit or approval, the director shall make the final decision.

E. Consolidated Review – Applicable Decision Type. Land use proposals undergoing consolidated review pursuant to BMC 17.06.150 where more than one decision type applies shall be processed under the highest level land use decision type applicable to the proposal.

F. Determination of Land Use Decision Type. Land use decision types shall be assigned to land use permits and approvals within each chapter of this title. (Ord. 2554 § 3, 2003)

17.06.050 Preapplication conference.

A. A project proponent may request a preapplication conference with the city prior to submitting a project proposal for review. The purpose of a preapplication conference is to provide an opportunity for the applicant to discuss a project with the city prior to submitting an application. The objective is to better determine submittal requirements and to clarify applicable policy and regulatory requirements prior to formally submitting a project proposal to the city. The result should be a saving in both costs and time for the applicant.

B. A request for a preapplication conference shall be made using the request forms provided by the director. The request form contains a list of information to be submitted along with the completed request form. The proponent may include additional information beyond that requested. The requested information and any additional information submitted will be used by staff to help prepare for the conference.

C. Upon receipt of a completed request form, the director shall review the submittal information, determine which city agencies should be contacted to have representatives present at the conference and schedule the preapplication conference at a time convenient for all parties.

D. Preapplication review does not constitute acceptance of an application by the director nor does it vest an application. (Ord. 2554 § 3, 2003)

17.06.060 Application submittal information.

A. Applications for a project permit or other types of land use approvals shall be submitted using forms provided by the director.

B. As required by RCW 36.70B.080, submittal requirements for land use approvals are provided in the applicable section(s) of the city of Blaine land use and development code. The submittal requirements form the basis for determining if a particular application is complete. (Ord. 2554 § 3, 2003)

17.06.070 Receipt of application and determination of completeness.

A. Receipt of Applications. Pursuant to RCW 36.70B.070(2), applications are required to meet all submittal requirements and must be complete at the time of submittal. Applications shall be submitted to the director. The director shall verify the payment of any required application fees pursuant to the city of Blaine’s unified fee schedule and note the date of receipt of the application. Receipt of an application does not constitute approval of the proposal or land use action, nor does it signify that the director has determined the application is complete.

B. Determination of Completeness. Within 28 days following receipt of the application, the director shall review the application materials and determine whether the application is complete. An application shall be determined to be complete when the applicant has provided all submittal requirements to the satisfaction of the director.

C. Complete Applications. Pursuant to RCW 36.70B.070(1), for applications determined to be complete, the director shall provide the applicant with written notice that the application is complete. The notice of complete application shall be issued via the U.S. Postal Service or by hand delivery to the applicant. To the extent known by the director, the notice of complete application shall identify other agencies of local, state, regional or federal governments that may have jurisdiction over some aspect of the application.

D. Incomplete Applications. For applications determined to be incomplete, the following applies:

1. Pursuant to RCW 36.70B.070(1), the director shall provide the applicant with written notice either by U.S. Postal Service or by hand delivery that the application was determined to be incomplete. The notice shall be postmarked or hand delivered no later than 28 days from the date the application was received. The notice shall include a description of the information or items that are needed to complete the application;

2. The applicant shall have 90 days from the date on the written notice to submit the necessary information to the director.

a. If the applicant does not submit the necessary information to the director in writing within the 90-day period, the director shall mark the application as void and return the application to the applicant.

b. Prior to the expiration of the 90 days, the applicant may make a written request for an extension of time to submit the required materials. Upon finding that the applicant has made a substantial effort to provide the necessary application materials, the director may grant additional time, up to an additional 90 days, to submit the required information.

3. Pursuant to RCW 36.70B.070(4), upon receipt of additional information, the director shall have 14 days to make a new determination that the application is complete.

a. If the application is determined to be complete, written notice shall be provided to the applicant in the manner specified in subsection C of this section.

b. If the application is determined to be incomplete, the director shall mark the application as void and return the application with a notice that the application is not complete. The notice shall identify the reason(s) for the determination. In such a case, a new application with new fees will be required for the project and a new application date assigned.

E. No application for a project permit or other land use approval will be considered vested until a notice of complete application has been issued to the applicant by the director stating that the application is complete.

F. Additional Information. Pursuant to RCW 36.70B.070(2), a determination of completeness shall not prevent the director from requiring additional information or studies that may be necessary to demonstrate compliance with city regulations.

G. Pursuant to RCW 36.70B.070(4)(a), a project permit application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete within 28 days from the date of submittal as required in this section. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.06.080 Vesting of applications.

A. Applications shall be considered in effect on the date a written notice of complete application is mailed or hand delivered. The director’s issuance of a written notice of complete application as provided in this chapter, or the failure of the director to provide such a written notice as provided in this chapter, shall cause an application to be conclusively deemed vested.

B. Supplemental information required after vesting of a complete application shall not affect the validity of the vesting for such application unless the information is requested because incorrect information is submitted by the applicant and if the incorrect information would materially affect the final decision on the application.

C. Modifications required by the director to a pending application, other than those set forth in subsection B of this section, shall not be deemed a new application and shall not affect vesting.

D. An applicant-requested modification occurring either before or after issuance of the permit shall eliminate vesting, when such modification would result in a substantial change in a project’s review requirements, as determined by the director. Under such a condition, the application will be deemed a new application. Examples of a substantial change include modifications resulting in a different type of decision, i.e., Type I to Type II or a change requiring a new SEPA threshold determination. Modifications that reduce the scope of a proposal or reduce environmental impacts would not be considered a substantial change.

E. Building permits that may subsequently be required to construct or complete a vested land use project shall be considered new applications under the building code and shall be subject to the edition of the building code in place at the time of application.

F. Nothing herein shall restrict the director’s authority to impose conditions on project permits pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW and WAC 197-11-600.

G. Nothing herein shall be construed to restrict the director’s ability, to the extent otherwise permitted by law, to apply new regulations to a project permit or project permit application upon a finding that a change in conditions creates a serious threat to the public health and safety. (Ord. 2554 § 3, 2003)

17.06.090 Land use decision time periods.

A. Type I-ADM Land Use Final Decisions.

1. Type I-ADM land use final decisions for a proposal that is exempt from environmental review under SEPA or for which environmental review under SEPA has been completed shall be issued within 90 days of the date of the written notice to the applicant that the application is complete.

2. Type I-ADM land use final decisions for a proposal that requires environmental review under SEPA shall be issued within 120 days of the date of the written notice to the applicant that the application is complete.

B. Type II Land Use Final Decisions. Type II land use final decisions other than appeals shall be issued within 120 days of the date of written notice to the applicant that the application is complete.

C. In determining the number of days that have elapsed after an application is determined to be complete, the following time periods shall be excluded:

1. Any period during which the applicant has been required by the director to correct plans, perform required studies, or provide additional and required information. Such period shall be calculated from the date the director notifies the applicant of the need for additional information until the date the director receives the additional information. Pursuant to RCW 36.70B.070(4), the director shall have 14 days after the date the information has been provided to determine adequacy of the information and make a determination of completeness; or

2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW and Chapter 17.80 BMC; or

3. The period of time during which an administrative appeal affecting the proposal was heard and decided upon subject to the time limitations of BMC 17.06.180(E) and (F); or

4. Any period in which the applicant has not met public notification requirements of BMC 17.06.100; or

5. Any period of time mutually agreed upon in writing by the applicant and the director.

D. The time limits established by subsections A and B of this section shall not apply if the application for a land use decision:

1. Requires an amendment to the city of Blaine comprehensive plan or the Blaine Municipal Code; or

2. Involves the siting of an essential public facility; or

3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.

E. The director shall not be liable for damages for failure to make a final decision within the time limits established under this section. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.06.100 Notice of application requirements.

A. The director shall ensure that a notice of application is published or posted for each of the land use decision types in accordance with this section. The applicant shall post notice of application and meet other notification requirements as determined by the director. Table A provides a summary of notice requirements.

Table A

Notice of Application Requirements 

Notice Requirements	Type I ADM w/o SEPA	Type I ADM w/SEPA	Type II PC, HE and CC
Required Timing of Notification
Within 10 days of application submittal	X
Within 14 days of the determination of completeness		X	X
Within 14 days prior to a hearing			X
Required Methods
Post notice at City Hall	X	X	O
Post notice on city’s web site	X	X	O
Erect sign(s) on subject property			X
Published in newspaper designated by city council			X
Mail notice to adjacent owners (within 300 feet)			X
Required Contents
Applicant name	X	X	X
Date of application	X	X	X
Brief description of proposed project	X	X	X
Date of the notice of application			X
List of project permits or other required approvals			X
List of studies requested by the city			X
Deadline for filing comments			X
Requesting a notice of any required hearings			X
Date, time, place and type of hearing			X
Requesting a notice of final decision			X
Notice of the right to appeal and to whom			X
Optional determination of nonsignificance			o
X – Required O – Optional o – Only if applicable

B. Type I-ADM Applications without SEPA Review. When an application is exempt from a SEPA threshold determination, a notice of application shall be immediately posted by the director on the city’s web site and at City Hall for a period of 10 days from application submittal. The notice shall be placed in a prominent location and contain at a minimum the following information:

1. Name of applicant;

2. Date of application;

3. A description of the project proposal.

C. Type I-ADM Applications with SEPA Review. A notice of application for a Type I-ADM project permit not exempt from a SEPA threshold determination shall comply with the notification and content requirements contained in Chapter 197-11 WAC.

D. Type II Applications. A notice of application for Type II project permit applications shall be provided through publication, mailing, and posting of the subject property. A notice of application shall contain the following information:

1. The name of the applicant and date of application;

2. Date of the notice of application;

3. A brief description of the project, a list of project permits or other approval requests included in the application and a list of any studies requested by the city;

4. A summary of procedures and a deadline for filing comments, requesting notice of any required hearings, receiving decisions and any appeal procedure;

5. The date, time, place and type of hearing;

6. If applicable, a statement that the optional determination of nonsignificance (“DNS”) process is being used and that the public comment period may be the only opportunity to comment on the environmental impacts of the project.

E. Posting a Notice of Application. When posting a notice of application on the property, the following shall apply:

1. A notice of application shall be posted no later than one day after the date of publication. The director shall determine the location and number of signs necessary to ensure that adequate public notice is provided;

2. Sign(s) shall be maintained by the applicant until a final decision is made on the application, when it shall be promptly removed by the applicant;

3. Signs shall be at least one and one-half feet by two feet in size.

F. Publishing a Notice of Application. A notice of receipt of an application shall be published once in a newspaper officially designated by the city council for such purposes within the city.

G. Mailing a Notice of Application. When mailing the notice of application, the following shall apply:

1. A notice of application shall be sent by the applicant by certified mail to:

a. Property owners of record as shown in the records of the Whatcom County assessor’s office in the area within 300 feet of the external boundaries of the site;

b. Those persons who requested a mailed notice of application pursuant to BMC 16.04.130;

2. Notice shall be placed in the mail no later than the date of publication of the notice;

3. If the site adjoins a state highway, a notice of application shall be mailed to the State Department of Transportation;

4. If a site adjoins another jurisdiction, a notice of application shall be mailed to that jurisdiction;

5. The applicant shall provide proof of certified mailing to the director within 24 hours of mailing;

6. Mailed notice shall be considered supplementary to posted and/or published notice and be deemed satisfactory despite the failure of one or more owners to receive the mailed notice sent to addresses of record.

H. Time Limits for Notices of Applications. Notice of the Type II applications shall be sent for publication, mailed and posted by the director within 14 days following the director’s determination that the application is complete. A public comment period of 14 days shall be provided, except as otherwise provided in Section 7.6.2 of the city of Blaine shoreline program. The public comment period shall commence on the date of publication. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.06.110 Notice of the open record hearing.

A. Notice of the open record hearing shall be as follows:

1. A notice of the hearing providing the location and a general description of the proposed project shall be published at least 10 days prior to the hearing date in a newspaper officially designated by the city council for such purposes;

2. A written notice of the hearing shall be mailed to any person, agency, or organization that requests in writing notice of the hearing during the public comment process provided for in BMC 17.06.100;

3. A written notice of the hearing shall also be provided to any organization or individual who has requested, in writing, to receive notice of all land use applications encompassed by this chapter; provided, that the city may charge a reasonable fee for such notice.

B. If the posted notice of application required under BMC 17.06.090 does not include the time and date of the hearing, a notice of the hearing shall be added to the posted notice of application at least 10 days prior to the date of the hearing. (Ord. 2554 § 3, 2003)

17.06.120 Notice of final decision.

Notice of a final decision shall be as follows:

A. Notice of a Type I-ADM final decision will be provided by first class mail to the applicant and any person, agency, or organization who, prior to rendering the decision, requests in writing notice of the decision, and for decisions with SEPA threshold determinations, any person or agency entitled to notice pursuant to WAC 197-11-340 or 197-11-355, as applicable; and

B. Notice of a Type II Final Decision. Not later than three working days following the rendering of a written decision, copies of the decision shall be mailed to the applicant and to other parties of record in the case. (Ord. 2554 § 3, 2003)

17.06.130 Final decision procedural requirements.

A. Type I Decision Procedures. Type I-ADM final decisions are issued by the director. The decision of the director shall be based on staff reports, agency reports, comments received during the review period, the requirements of the BMC, and all other relevant facts and information needed to determine compliance.

1. The director’s final decision shall be as follows:

a. Approval;

b. Disapproval specifying reasons for disapproval; or

c. Grant preliminary approval subject to conditions and completion of specified improvements.

B. Type II Decision Procedures. Procedures for Type II final decisions are as follows:

1. Upon making a determination of complete application, the director shall schedule a date for an open record hearing decision before the appropriate hearing body based on the type of decision under consideration and provide notice as set forth in BMC 17.06.100;

2. The director shall coordinate and assemble the review of other city departments having an interest in the Type II decision and shall prepare a consolidated staff report;

3. The staff report shall be mailed to the applicant, parties of record, and made available for public inspection. The staff report will:

a. Address the proposed development or action, summarizing the comments and recommendations of city departments, affected agencies, special districts, and public comments received within the 14-day comment period for the notice of application; and

b. Include the results of the consistency review conducted pursuant to BMC 17.06.160.

C. Open Record Hearing Requirements. For a Type II final decision requiring an open record hearing:

1. An open record hearing shall not be held sooner than 14 days after the date of publication of the notice of application;

2. The city shall hold no more than one open record hearing; and

3. The hearing body shall have the power to administer oaths, preserve order, and to issue summons for and compel the appearance of witnesses and production of documents and materials.

D. Type II Final Decisions.

1. The hearing body shall render a written decision within 14 days of the conclusion of an open record hearing unless a longer period is agreed to in writing by the applicant;

2. The decision shall include findings based upon the record and conclusions that support the decision;

3. Such findings and conclusions shall set forth the manner by which the decision or recommendation would carry out and conform to the city’s comprehensive plan, other adopted policies and objectives, zoning, and this chapter;

4. A final decision may be to grant, deny, or grant with such conditions, modifications, and restrictions as the hearing body finds necessary to make the application compatible with the environment and ensure compliance with the comprehensive plan, shoreline master program, State Environmental Policy Act, the city code and other ordinances found applicable. Examples of the kinds of conditions, modifications, and restrictions which may be imposed include, but are not limited to, additional setbacks, screenings in the form of fencing or landscaping, restrictive covenants, easements, dedications of additional rights-of-way, performance bonds, and measures to mitigate identified adverse environmental impacts associated with the proposed action;

5. Not later than seven working days following the rendering of a written final decision, copies of the decision shall be mailed to the applicant and to other parties of record in the case and notice shall be published, by the director, once in a newspaper officially designated by the city council for such purposes; and

6. With the exception of Type II-CC final decisions, all written final decisions shall provide notice of the right to an appeal of the final decision, if such appeal is allowed, and the manner and the time limits under which an appeal may be filed. Type II-CC final decisions are subject to judicial appeal as provided in BMC 17.06.190. There is no administrative appeal of a Type II-CC final decision. (Ord. 2554 § 3, 2003)

17.06.140 Integrated SEPA procedures.

A. An application for approval shall comply with the notification requirements of Chapter 43.21C RCW, the State Environmental Policy Act (SEPA), Chapter 197-11 WAC, and Chapter 17.80 BMC.

B. Except for a determination of significance (DS) and except as otherwise expressly allowed by RCW 36.70B.110, the director may not issue a threshold determination until the expiration of the public comment period for the notice of application.

C. A determination of nonsignificance (DNS) or mitigated determination of nonsignificance (MDNS) for a Type I final decision shall be issued after the public comment period at the same time that the decision is made on the underlying permit.

D. If the city has made a determination of significance (“DS”) under Chapter 43.21C RCW prior to the issuance of the notice of application, the notice of the DS shall be combined with the notice of application and the scoping notice.

E. For Type I final decisions for which a DS is issued, a decision on the application shall be made no sooner than seven days and no later than 14 days after issuance of the final EIS.

F. For Type II final decisions, the SEPA threshold determination shall be issued at least 15 days prior to the open record hearing scheduled for the application.

G. The public comment period following the notice of application as provided in BMC 17.06.090(B) shall constitute the integrated comment period under the optional DNS procedure set forth in WAC 197-11-355. (Ord. 2554 § 3, 2003)

17.06.150 Consolidated permit review.

A. Pursuant to RCW 36.70B.120, the director may integrate and consolidate the review and decision on two or more project permits for the same site, subject to this chapter, that relate to the proposed project action.

B. A determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process.

C. The consolidated permit review may combine an open record hearing on one or more permits with an open record appeal hearing on other permits.

D. The director shall be the designated permit coordinator for consolidated review. (Ord. 2554 § 3, 2003)

17.06.160 Consistency review by agencies.

A. Pursuant to RCW 36.70B.040(1), each project permit application will be reviewed by the director to determine consistency with the adopted comprehensive plan and development regulations.

B. Consistency shall be determined by consideration of the following four project characteristics in relationship to adopted comprehensive plan policies and development regulations:

1. Type of land use;

2. The level of development, such as units per acre or other measure of density;

3. Infrastructure, including public facilities and services needed to serve the development; and

4. The character of the development including, but not limited to, design features and critical area impacts.

C. Applications for proposals that will affect drainage, roads and/or public utilities shall be referred to the public works department. The public works director shall notify the director that the proposed roads, utilities, drainage facilities, and other improvements can or cannot conform to adopted development standards and the application complies with the concurrency requirements.

D. For applications with legal descriptions that have not been prepared by a land surveyor licensed in the state of Washington, the director shall, in such manner as he or she deems appropriate, establish the adequacy of legal descriptions.

E. The conclusions of a consistency determination by the director shall be documented in the project permit decision or staff report to the hearing body responsible for a final decision on the proposal. (Ord. 2554 § 3, 2003)

17.06.170 Variances.

A. The planning commission shall have the power and duty to authorize a variance from the terms of the area and dimensional regulations of this title when the request is consistent with the public interest and where, due to special conditions, literal enforcement of the provisions of this code would result in unnecessary hardship.

B. A variance from the terms of this title shall be granted by the planning commission when a written application for a variance is submitted demonstrating all of the following:

1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district;

2. That literal interpretation of the provisions of this division would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this division;

3. That the special conditions and circumstances do not result from the actions of the applicant; and

4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this division to the other lands, structures or buildings in the same district.

C. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.

D. The following steps are required for consideration of a variance:

1. Notice of public hearing shall be given consistent with the timelines established in this chapter;

2. The planning commission shall hold an open record hearing addressing the variance request in conjunction with related permit applications or project proposals;

3. The planning commission shall make findings that all of the requirements of subsections (B)(1) through (4) of this section are met;

4. The planning commission shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; and

5. The planning commission shall further make a finding that the granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

E. Variances Related to the Airport.

1. When a variance is requested from height regulations in the airfield zone of influence, the director shall provide a notice of application and a notice of open record hearing to the airport commission and the Federal Aviation Administration. Any response from these parties shall be submitted to the planning commission and considered in a staff report.

2. A variance from the airfield height restrictions may be conditioned to require the owner of the structure or obstacle in question to install, operate and maintain, at the owner’s expense, such markings and lights as may be necessary.

3. A variance related to the airport will be granted only upon satisfaction of the conditions listed in this section as well as a finding that granting of the variance will not create a hazard to air navigation.

F. In granting any variance, the planning commission shall set the expiration date at 12 months from issuance. If establishment or construction of the variance conditions has not commenced within this 12-month period, the applicant may reapply for a new variance permit. The planning commission may extend the expiration date by one six-month period upon written request and evidence that the applicant intends to activate the permit within that time limit.

G. Under no circumstances shall the planning commission grant a variance to allow a use not permitted under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this division in the district. Variances shall be limited to the area and dimension requirements of this division. (Ord. 2554 § 3, 2003)

17.06.180 Appeals.

A. Type I-ADM Final Decisions. Type I final decisions, when provided in writing, shall be final and conclusive unless a statement of appeal is filed by the applicant, a department of the city, or any aggrieved person in the manner set forth below:

1. A statement of appeal shall be in writing and include a brief statement of the matter being appealed and the basis for the appeal;

2. The statement shall be submitted to the director, filed with the appropriate city hearing body and shall be accompanied by a fee pursuant to the city’s unified fee schedule within 14 days of the issuance of the formal written decision. The appropriate hearing body shall be determined by the director based on the matter under appeal;

3. The applicant may choose to submit a more comprehensive statement setting forth in detail alleged errors and/or the basis for appeal. This statement must be submitted by the appealing person within 30 days following the issuance of the final decision;

4. The appeal of a Type I decision shall be an open record appeal.

B. Type II Final Decisions – Hearing Examiner or Planning Commission. Type II final decisions made by the hearing examiner or planning commission shall be final and conclusive unless within 14 days following the mailing of such decision a written statement of appeal is filed with the city council by the applicant, a department of the city, or party of record, who is also an aggrieved person. The statement shall set forth any alleged errors and/or the basis for appeal and shall be accompanied by a fee pursuant to the unified fee schedule; provided, that such appeal fee shall not be charged to a department of the city or to other than the first appellant. The appeal of a Type II decision shall be a closed record appeal.

C. Type II Final Decisions – City Council. Type II final decisions made by the city council shall be final and conclusive unless a timely judicial appeal is filed with the superior court of Whatcom County pursuant to BMC 17.06.190.

D. The timely filing of an administrative appeal shall stay the effective date of the decision until such time as the appeal is heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the appellant.

E. Within seven days following the timely filing of an appeal, notice thereof and of the date, time, and place for the open record appeal hearing or closed record appeal action, as appropriate, shall be mailed to the applicant, the appellant, and to all other parties of record. Such notice shall provide a general description of the appeal and of the property location, and shall additionally indicate whether written and/or oral testimony will be accepted or whether the appeal is a closed record appeal.

F. A final decision on the appeal shall be rendered no later than 90 days after the timely filing of an appeal.

G. Type II-HE and Type II-PC final decisions on shoreline substantial development permits, conditional use permits and variances are appealable pursuant to Chapter 90.58 RCW and Chapter 17.92 BMC and not as provided in this chapter. (Ord. 2554 § 3, 2003)

17.06.190 Appeals to the Whatcom County superior court.

A. Appeals from the final decision of the city council on a land use decision shall be made to Whatcom County superior court within 10 days of the date the decision or action became final by filing both a petition for review in the Whatcom County superior court and serving the petition on all necessary parties in conformity with the requirements of the State Land Use Petition Act, Chapter 36.70C RCW.

B. Notice of the appeal and any other pleadings required to be filed with the court shall be served to the city clerk, the director, and city attorney within the applicable time period. This requirement is jurisdictional.

C. The cost of transcribing and preparing all records ordered, certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant.

D. No land use decision shall be deemed a final decision by the city and subject to judicial appeal until all available administrative appeals of the decision allowed by city code have been completed. Failure of a person to timely file an administrative appeal, if such is available, of a land use decision shall preclude further administrative or judicial review of the decision. (Ord. 2554 § 3, 2003)

Chapter 17.06A
DESIGN REVIEW

Sections:

17.06A.010 Purpose.

17.06A.020 Applicability.

17.06A.030 Design review and approval – Central Business District.

17.06A.040 Design departures.

17.06A.050 Modifications.

17.06A.060 Lapse of approval.

17.06A.070 Appeals.

17.06A.010 Purpose.

A. The purpose of this chapter is to provide a quick and efficient process for the review of proposed developments, activities or uses that require the application and compliance of the city’s design standards.

B. The design review process is structured to allow the city and the applicant to work closely and cooperatively to comply with relevant design standards and to allow for creative design and diversity of project architecture. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.020 Applicability.

A. All development in the Central Business District shall comply with the design standards pursuant to the following chapters:

1. Chapter 17.120 BMC, Downtown Design Standards (BMC 17.120.020, Adoption and applicability).

2. Chapter 17.119 BMC, Wharf Zoning District Design Standards (BMC 17.119.020, Applicability).

B. Design review within the Central Business District shall be undertaken pursuant to BMC 17.06A.030 when required.

C. When design review is required, the applicant must demonstrate compliance with relevant design standards before a building permit can be approved and issued by the city. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.030 Design review and approval – Central Business District.

A. Design Review Authority.

1. Design review for structures within the Central Business District – Market and Transition districts shall be undertaken by a third-party review specialist (a private sector licensed architect) and the community development director.

2. Design review for projects within the Central Business District – Wharf district shall be undertaken by a third-party review specialist, a representative from the Port of Bellingham, and the community development director.

3. The review specialist must be a licensed architect and selected by the city council for a one-year term.

4. The review specialist shall charge an hourly fee for design review services agreed to under contract.

5. The applicant shall compensate the city for expenses incurred for project-specific design review.

6. The community development director shall fully consider final recommendations of the review specialist before making a final determination of design compliance.

B. Pre-Design Clarification. An applicant is encouraged to meet with the director prior to submitting a project proposal for design review to discuss a project concept, establish which design standards apply to the proposed development, and to determine what drawings, perspectives or other materials the applicant will need to submit with the design review application.

C. Design Review Submission.

1. If a development permit is required, the applicant shall submit to the community development services department a conceptual design review application and three sets of related material as an integrated element of the development permit application.

2. If no development permit is required, the applicant shall submit an independent design review application with three sets of related material prior to submitting an application for a building permit.

D. Design Review.

1. Upon receipt of a complete conceptual design review application, the director will schedule a review meeting within 10 working days of the submission of a complete application. The applicant is encouraged to attend the meeting.

2. The review team shall review the conceptual design review application materials for compliance with the relevant design standards and policy direction and either approve, conditionally approve or deny the proposal.

3. The terms of design review approval will become conditions of approval applying to each subsequent development permit. No subsequent development permit will be issued unless it is consistent with the design approval.

4. The director shall send written notice of decision to the applicant and all other parties who participated in the conference(s) within five working days of the approval. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.040 Design departures.

A. If a design departure is requested by the applicant, the design review decision, including the requested design departure, shall be reviewed and decided upon using the process contained in BMC 17.06A.030.

B. The director may grant a design departure only if the director finds that the following requirements are met:

1. The design departure request results in superior design and fulfills the policy basis for the applicable design standards;

2. The design departure will not have any substantial detrimental effect on nearby properties and the city or the neighborhood. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.050 Modifications.

The director may independently approve a modification to a final design if:

A. The modification is minor and will not, in any substantial way, change the proposed development or violate any requirement contained in the design approval decision; and

B. The development that will result from the modification will be consistent with the design standards and comprehensive plan. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.060 Lapse of approval.

A. Unless otherwise specified in the decision granting design review approval, the applicant must begin construction or submit to the city a complete building permit application for development of the subject property consistent with the design review approval within one year after the final design approval or that final decision becomes void. The applicant must substantially complete construction consistent with the design review approval and complete all conditions listed in the final design review approval within three years or the final decision becomes void. “Final decision” means the final decision of the director.

B. Extensions. The applicant may apply for a one-time extension, of up to one year, of the time limits under subsection A of this section. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.070 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2674 § 7, 2007; Ord. 2673 § 2, 2007; Ord. 2600 § 4, 2005)

Chapter 17.07
SITE PLAN REVIEW

Sections:

17.07.010 Intent.

17.07.020 Applicability.

17.07.030 Contents of complete site plan review application.

17.07.040 Site plan review and approval procedures.

17.07.050 Amendments to an approved site plan.

17.07.060 Expiration of an approved site plan.

17.07.070 Fees.

17.07.080 Other permits and approvals.

17.07.090 Appeals.

17.07.010 Intent.

The intent of this chapter is to provide a mechanism for evaluating proposed land use activities and construction projects in the city which require a minimum of up-front expenditure on the part of the applicant. The review utilizes a basic site plan, basic floor plan, and basic exterior elevations submitted by the applicant to determine compliance with city zoning and other development policies and regulations, as well as identify public improvements that may be required. The site plan review process is designed to coordinate and communicate the various requirements of the city to the applicant in a consolidated manner, and provide the applicant with guidance in the preparation of more detailed civil or building construction drawings. (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004)

17.07.020 Applicability.

A. Site plan review is a Type I administrative decision, and is required in addition to any other permit review and approvals required by the city or other agencies. However, site plan review shall be conducted, to the extent possible, concurrently with any permit and environmental review process required by city code.

B. Site plan review and approval under this chapter shall be required prior to the use of land for commercial, multifamily residential, industrial, or public purpose, including associated activities or structures.

C. Site plan review, as provided for in this chapter, is required for new construction, substantial improvements to existing buildings, and changes in use which increase associated requirements such as parking.

D. Based on the type of land use and/or the scale and complexity of the proposed project, the director may, at his/her discretion, waive the requirement for site plan review or waive one or more of the required elements of a complete application as described in BMC 17.07.030.

E. Site plan review, as provided for in this chapter, is not required for the following:

1. One- and two-family residences.

2. Alterations, additions or remodels of one- and two-family residences.

3. Shops, garages, sheds, decks, porches or similar structures intended to serve single-family residences.

4. Manufactured homes.

5. Signs.

6. Plats, short plats, binding site plans, and boundary line adjustments.

7. Other minor land use or construction activity, as determined by the community development director.

F. The site plan review process, as provided for in this chapter, may be required by the community development director to effect detailed review of development applications that may have been previously approved at a conceptual level, such as planned unit developments or conditional use permits. (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004)

17.07.030 Contents of complete site plan review application.

Site plan review application forms shall be provided by the community development services department. Site plan review shall commence upon submittal of a complete site plan review application, together with accompanying documents and plans as follows:

A. Legal Description.

1. Title report or equivalent document as determined by the community development director that contains a complete legal description of the property, descriptions of any easements or other encumbrances that may impact the development or use of the property.

2. The completeness and accuracy of this information is the responsibility of the applicant.

B. Site Plan.

1. Applicant name and address.

2. A project summary box including, at a minimum, the following information: legal description; assessor’s parcel number(s); site address; city zoning; site area; lot coverage; building gross floor area; square footage of activity areas by use; number of parking spaces; and impermeable surface area.

3. Vicinity map, north arrow, and scale indicated.

4. Property lines with corners and dimensions shown.

5. Easements and rights-of-way.

6. Existing and/or proposed frontage improvements.

7. Existing and/or proposed utilities, including storm water facilities.

8. Existing buildings and structures, including structures on adjacent lots within 10 feet of the property line.

9. Proposed structures including setbacks from property lines.

10. Existing and/or proposed ingress and egress, including dimensions of driveways and curb cuts.

11. Existing and/or proposed parking and loading areas including number of spaces (including handicap spaces), dimensions of spaces, aisle widths, etc.

12. Other existing and/or proposed physical improvements on the site such as fences, signs, area lighting, landscaping, etc.

13. Natural features such as significant stands of trees, streams, wetlands, steep slopes, etc.

14. If the site is not basically level, a concept plan showing existing topography and proposed grading.

15. Phasing plan, if applicable.

16. Design review information pursuant to Chapters 17.06A, 17.120, and 17.121 BMC, if applicable.

C. Floor Plan.

1. Exterior dimensions.

2. Dimensions and square footages of identified use areas by type.

3. Location of doors and windows.

4. Interior walls and partitions.

D. SEPA environmental checklist if the project is subject to SEPA review. (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004)

17.07.040 Site plan review and approval procedures.

The site plan, once approved, establishes the spatial relationships between all the various elements of a development project. As such, all subsequent plans, whether they be landscape plans, civil construction drawings, or building plans, must be consistent with the approved site plan. For this reason, while associated construction drawings may be submitted concurrently with a site plan review application, they are generally not reviewed prior to approval of the site plan. The site plan review and approval procedures include:

A. Submittal of a complete site plan review application consistent with the provisions of BMC 17.07.030.

B. All site plan review applications shall be submitted concurrently with or prior to the submittal of building permit or land disturbance permit applications. Site plan review shall be coordinated with the review of associated development applications to the extent practicable.

C. Following the submittal of a complete site plan review application, the technical review committee shall place the application on the next available agenda for review by the committee. The TRC shall review the application for compliance with city zoning, environmental review requirements, and development policies, plans, and regulations that may be applicable to the proposed project.

D. The TRC may conduct preapplication review upon request. Such preapplication requests shall be submitted on forms provided by the community development services department, and scheduled for review in the same manner as complete site plan review applications.

E. Following each TRC meeting, minutes shall be prepared by the city which summarize the meeting content. Minutes shall be provided to applicants upon request, and are meant to augment and not replace the applicant’s responsibility for taking notes or otherwise recording the information provided by the TRC during the meeting.

F. After considering TRC minutes and comments, the approving authority shall complete a site plan review response letter indicating any revisions or additions to the site plan that are necessary in order to achieve compliance with city standards and requirements. In addition, the site plan review response letter shall clearly indicate which conditions of approval must be completed prior to issuance of building permits, and which conditions of approval must be completed prior to issuance of occupancy certificates. The letter shall be mailed to the applicant.

G. The applicant shall make any required revisions or additions to the site plan and return it to the community development services department for final approval and stamping.

H. The community development director shall approve the site plan when it is determined that the plan is consistent with the Blaine comprehensive plan, zoning, and development regulations. The director shall distribute stamped approved copies of the site plan to the applicant, public works department, building division, fire district, and other persons, departments, or agencies as appropriate.

I. No final certificate of occupancy shall be issued for any building until such time as all required conditions of approval have been completed, except that temporary certificates of occupancy may be issued upon the posting of a bond or other suitable financial surety adequate to insure the completion of all required conditions of approval. (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004)

17.07.050 Amendments to an approved site plan.

All amendments to an approved site plan shall be processed in the same manner as identified in BMC 17.07.040, except that, depending on the extent or complexity of the amendments, the community development director may waive one or more elements of the procedures identified in BMC 17.07.040. Upon approval and stamping of an amended site plan, the community development director shall distribute the amended site plan in the same manner as identified in BMC 17.07.040(H). (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004. Formerly 17.07.060)

17.07.060 Expiration of an approved site plan.

An approved site plan shall be valid for one year from the date of approval, after which it shall expire and be considered null and void, provided that:

A. The approved site plan may be extended once for an additional period not to exceed one year upon written request of the applicant which includes the reasons for the requested extension. The written request shall be submitted to the community development director and postmarked prior to the date of the expiration of the approved site plan in order to be considered. The director shall grant such requests only upon a showing by the applicant that he is likely to resolve outstanding issues which have precluded initiation of the project by the submittal of a building permit application.

B. If a complete building permit application for the proposed project is submitted within one year of the date of approval of the approved site plan, or the expiration date as approved under subsection A of this section, the approved site plan shall expire on the same date as the building permit expires, if that should occur. (Ord. 2680 § 1, 2007)

17.07.070 Fees.

The fee for site plan review shall be as provided in the city’s fee ordinance. Any and all additional costs associated with the review of the application, including city costs associated with retaining consultants to provide third-party review of the application, shall be paid by the applicant prior to the time the cost is incurred. The community development director may require the applicant to deposit funds with the city to be used to pay for necessary third-party review. (Ord. 2680 § 1, 2007)

17.07.080 Other permits and approvals.

Nothing in this chapter shall preclude or eliminate the need to obtain other permits or pay fees in accordance with any other requirements identified in this code. (Ord. 2680 § 1, 2007)

17.07.090 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Division 2. Enforcement

Chapter 17.08
VIOLATIONS AND ENFORCEMENT

Sections:

17.08.010 Purpose.

17.08.020 Violations.

17.08.030 Enforcement and penalties.

17.08.040 Stop work orders.

17.08.050 Enforcement officer designated.

17.08.060 Appeals.

17.08.010 Purpose.

The purpose of this chapter is to set out enforcement procedures for violations of this title, and to establish an enforcement officer who shall be responsible for carrying out the procedures set forth herein. (Ord. 2628 § 2, 2006)

17.08.020 Violations.

A. Civil Infractions. As provided in BMC 17.02.030(B), no use or structure shall be established, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title. As established in Chapter 7.80 RCW a person or business that violates the requirements of this title shall be guilty of a civil infraction. The offender shall be subject to the penalties set forth in BMC 17.08.030 unless otherwise addressed under subsection B of this section.

B. Gross Misdemeanor Violations. As established in RCW 58.17.300, any person, firm, corporation or association or any agent of any person, firm, corporation, or association who violates the provisions of this title relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land shall be guilty of a gross misdemeanor. Each sale, offer for sale, lease, or transfer of each separate lot, tract or parcel of land in violation of any provisions of this title shall be deemed a separate and distinct violation. (Ord. 2628 § 2, 2006)

17.08.030 Enforcement and penalties.

A. A person or business found to have committed a civil infraction (class 1, pursuant to RCW 7.80.120) shall be assessed a monetary penalty.

B. The maximum penalty and the default amount for such violations shall be $250.00 as specified in RCW 7.80.120.

C. The procedure for the enforcement of violations shall be consistent with the procedure established in Chapter 7.80 RCW.

D. After having been found to have committed two successive civil infractions for violations of the same provisions of this title on the same property, any person, firm, company or corporation who continues to violate this title in the same manner on the same property shall be subject to criminal penalties including a fine of not more than $500.00 together with costs of action, and imprisonment for a period of not more than six months.

E. In addition to the civil and criminal remedies provided above, the city or the owner or the owner’s land affected by violations of the provisions of this title may bring such injunctive, declaratory or other action as deemed necessary to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this title. (Ord. 2628 § 2, 2006)

17.08.040 Stop work orders.

The city may stop work on any existing permits and halt the issuance of any or all future permits or approvals for any activity which violates the provisions of this title until there is compliance with this chapter and all penalties are paid in full. (Ord. 2628 § 2, 2006)

17.08.050 Enforcement officer designated.

The director of community development is hereby designated the enforcement officer for the purposes of this chapter and as provided in RCW 7.80.040. The director may designate additional enforcement officers in writing and shall provide the city manager, the police chief and the city attorney with the names of persons so designated. (Ord. 2628 § 2, 2006)

17.08.060 Appeals.

A. Civil infractions shall be appealable to the hearing examiner pursuant to BMC 17.06.180, Appeals.

B. Gross misdemeanor violations shall be appealed pursuant to RCW 58.17.300. (Ord. 2628 § 2, 2006)

Division 3. Zoning Districts

Chapter 17.10
ZONING DISTRICTS AND MAP

Sections:

17.10.010 Zoning districts established.

17.10.020 Recording of boundaries.

17.10.030 Official zoning district map.

17.10.040 Appeals.

17.10.010 Zoning districts established.

In order to regulate uses of land, buildings and structures in conformance with the policies of the Blaine comprehensive land use plan, the city is divided into the following zoning districts:

AP	Airport
M	Manufacturing
MPR	Marine planned recreation
CB	Central business
CB – M	Market
CB – W	Wharf
CB – T	Transition
HC	Highway commercial
R/O	Residential/office
RH	Residential high-density
RM	Residential medium-density
SF-2	Single-family attached
SF-1	Single-family detached
RL	Residential low-density
RPR	Residential planned recreation
PR	Planned residential
PC	Planned commercial
PUB	Public
AO	Adult entertainment overlay

(Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.10.020 Recording of boundaries.

Boundaries of the land use districts referred to in BMC 17.10.010 shall be determined and defined, or redefined from time to time, by adoption of amendments (rezones) to the zoning ordinance, by a map or maps showing the geographical area and location of the districts. The map or maps shall be filed with the city clerk and be permanently displayed at a location available to the public. Each zoning district map shall be, upon final adoption, a part of this title and the ordinance codified herein. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.10.030 Official zoning district map.

This division consists of the text hereof and official zoning district map signed by the mayor and city clerk. The original map is to bear the same date as the ordinance codified in this division. Subsequent amendments, dates and changes shall be listed on a duplicate copy of the original zoning district map. The zoning district map has been examined in detail and approved by the city council after having been recommended by the review authority and is adopted as a part of this title. If any conflict arises between the map and the text of this title, the text shall prevail. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.10.040 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.12
AIRPORT ZONING DISTRICT
[Effective Until Official Closure of
Blaine Municipal Airport]

Sections:

17.12.010 Purpose.

17.12.020 Permitted uses.

17.12.030 Accessory uses.

17.12.040 Conditions for project approval.

17.12.045 Conditional uses.

17.12.050 Nonconforming uses.

17.12.060 Prohibited uses and use restrictions.

17.12.070 Minimum lot size.

17.12.080 Setbacks.

17.12.090 Building heights.

17.12.100 Lot widths.

17.12.110 Land coverage.

17.12.120 Landscaping.

17.12.130 Off-street parking.

17.12.140 Emissions.

17.12.150 Marking and lighting.

17.12.160 Noise.

17.12.170 Fire and explosives.

17.12.180 Appeals.

17.12.010 Purpose.

The purpose of the airport (AP) district is first, to provide for land uses that required proximity and/or access to an established airfield; and second, to provide for industrial, commercial, manufacturing and other compatible land use that are beneficial to the operation, use and economic support of the airport. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.12.020 Permitted uses.

Permitted uses in the AP district shall include:

A. Those uses that require or utilize aviation access and those that serve the aviation industry and/or air passengers, including landing, taking off and flying of aircraft as defined in Chapters 2.80 and 15.32 BMC.

B. Industrial, commercial and manufacturing uses that are compatible with airport operations.

C. Other uses determined by the city council to be beneficial to the operation, use and economic support of the airport. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.12.030 Accessory uses.

Accessory uses shall include those uses necessary to allow the permitted uses listed above to function at their full capacity. These can include businesses incidental to and necessary or convenient for airport operations, such as but not limited to:

A. Offices;

B. Eating establishments;

C. Restroom facilities;

D. Shops or light repair facilities;

E. Gasoline and oil sales for aviation-related uses. (Ord. 2554 § 3, 2003)

17.12.040 Conditions for project approval.

A. All project proposals shall be consistent with an approved airport general binding site plan. The binding site plan shall be consistent with Chapter 17.60 BMC, Binding Site Plan Approval, and apply to the entire AP district. A project proposal must also demonstrate that it is in compliance with Chapter 15.32 BMC, Airfield Area Regulations, and other relevant sections of the Blaine Municipal Code.

B. The airport commission shall review each proposal, determine the compatibility of the proposed use and submit its determination to the planning manager for permit processing.

C. The city of Blaine shall administratively review, condition and approve project proposals to ensure compliance with the airport commission determination, the general binding site plan and other relevant sections of the Blaine Municipal Code. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.12.045 Conditional uses.

A. Major development as defined in BMC 17.142.353. (Ord. 2577 § 5, 2004)

17.12.050 Nonconforming uses.

Nonconforming uses shall be consistent with BMC 15.32.050 (nonconforming uses, airfield area regulations) and other relevant sections of the Blaine Municipal Code. (Ord. 2554 § 3, 2003)

17.12.060 Prohibited uses and use restrictions.

The following uses shall be prohibited or restricted accordingly:

A. Uses that have the potential to created a hazard or endanger the landing, takeoff or maneuvering of aircraft are prohibited.

B. Uses that do not demonstrate consistency with the airport general binding site plan, Chapter 15.32 BMC, Airfield Area Regulations, and other sections of the Blaine Municipal Code are prohibited.

C. Uses identified in BMC 15.32.040, Use restrictions, airfield area regulations, are restricted in accordance with that section. (Ord. 2554 § 3, 2003)

17.12.070 Minimum lot size.

There shall be no minimum lot size in the airport (AP) district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.12.080 Setbacks.

All specific binding site plan divisions shall conform to the following setbacks:

A. Outside Boundary Setbacks. Building setbacks from the outside property boundary of the general binding site plan shall be 15 feet.

B. Hangar Building Setbacks. The following formula shall be used to establish setbacks for airplane hangars, or other structures from public or private taxiways: Setback equals (width of hangar door times 0.5) plus 10 feet, measured from the centerline of the taxiway; provided, that such setback shall not be less than 32 feet.

C. Standard Setbacks. When setbacks have no impact on existing or planned flight operations, the setbacks shall be administratively approved on a case-by-case basis as part of the specific binding site plan.

D. Setbacks from the Flight Operations Area. Setbacks from the flight operations area shall be dictated by the height restrictions contained in Chapter 15.32 BMC, Airfield Area Regulations. (Ord. 2554 § 3, 2003)

17.12.090 Building heights.

Building heights shall be consistent with the airport general binding site plan, Chapter 15.32 BMC, Airfield Area Regulations, and other relevant sections of the Blaine Municipal Code. (Ord. 2554 § 3, 2003)

17.12.100 Lot widths.

There shall be no minimum lot width requirements for the airport district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.12.110 Land coverage.

Land coverage by buildings and impervious materials shall not exceed 75 percent. Each lot created by subdivision shall meet the 75 percent requirement or provide for open space within designated areas established by the airport commission. (Ord. 2554 § 3, 2003)

17.12.120 Landscaping.

Landscaping shall be consistent with the landscaping addendum approved in conjunction with the airport general binding site plan. (Ord. 2554 § 3, 2003)

17.12.130 Off-street parking.

Off-street parking shall be consistent with an airport general binding site plan, Chapter 15.32 BMC, Airfield Area Regulations, Chapter 17.124 BMC, Parking and Loading, and other relevant sections of the Blaine Municipal Code. (Ord. 2554 § 3, 2003)

17.12.140 Emissions.

Emissions shall be regulated in accordance with an airport general binding site plan, Chapter 15.32 BMC, Airfield Area Regulations, and other relevant sections of the Blaine Municipal Code. (Ord. 2554 § 3, 2003)

17.12.150 Marking and lighting.

Marking and lighting shall be regulated in accordance with an airport general binding site plan, Chapter 15.32 BMC, Airfield Area Regulations, and other relevant sections of the Blaine Municipal Code. (Ord. 2554 § 3, 2003)

17.12.160 Noise.

Noise shall be regulated in accordance with an airport general binding site plan, Chapter 15.32 BMC, Airfield Area Regulations, and other relevant sections of the Blaine Municipal Code. (Ord. 2554 § 3, 2003)

17.12.170 Fire and explosives.

Fire and explosive hazards shall be regulated in accordance with an airport general binding site plan, Chapter 15.32 BMC, Airfield Area Regulations, and other relevant sections of the Blaine Municipal Code. (Ord. 2554 § 3, 2003)

17