Unless the context clearly requires otherwise, the following definitions apply throughout this chapter:
A. 
"Closed record appeal," "open record hearing," "open record predecision hearing," "open record appeal hearing," "project permit," "project permit application," and "public meeting"
shall each have the meaning ascribed in RCW 36.70B.020, incorporated herein by this reference.
Any "closed record appeal," "open record hearing," "open record predecision hearing," "open record appeal hearing," or "public meeting" shall be held before and conducted by the Everson City Council.
B. 
"Administrator"
means the Mayor of the City of Everson or his/her designee. The building official is the Mayor's designee for the purposes of processing building and construction related permits under Chapter 15.04 EMC.
C. 
"Planned action"
means one or more types of project action that:
1. 
Are designated planned actions by an ordinance or resolution adopted by the City of Everson;
2. 
Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:
a. 
A comprehensive plan adopted to comply with Chapter 36.70A RCW;
b. 
A phased project;
3. 
Are subsequent or implementing projects for a phased project;
4. 
Are located within an urban growth area, as designated pursuant to RCW 36.70A.030;
5. 
Are not essential public facilities, as defined in RCW 36.70A.200; and
6. 
Are consistent with the City of Everson comprehensive plan adopted to comply with Chapter 36.70A RCW.
D. 
"Party of record"
means each identified:
1. 
Applicant for the project permit at issue;
2. 
Owner of the property at issue;
3. 
Person who testified or submitted written information at an open record hearing held on the project permit application at issue, excluding persons who only signed petitions or mechanically produced form letters; and
4. 
Person who submitted written comments concerning the project permit application at issue during a comment period provided pursuant to this chapter, excluding persons who only signed petitions or mechanically produced form letters.
(Ord. 498 § 1, 1996; Ord. 501 § 14, 1996)
Nothing in this chapter shall limit the legislative authority of the City Council and the following nonproject actions, among others, are specifically excluded from the procedures set forth in this chapter:
A. 
Zoning code text amendments;
B. 
Adoption of or amendment to development regulations;
C. 
Area-wide rezones to implement new City policies;
D. 
Annexations;
E. 
Adoption of or amendment to the comprehensive plan; and
F. 
Any nonproject action categorically exempt from SEPA regulations (Chapter 16.02 EMC).
(Ord. 498 § 1, 1996)
The following project permits or approvals are specifically excluded from the procedures set forth in this chapter:
A. 
Landmark designations;
B. 
Street vacations; and
C. 
Approvals relating to the use of public areas or facilities.
(Ord. 498 § 1, 1996)
Each project permit application shall be classified as Class I, Class II, Class III, or Class IV by the Administrator based upon the classifications established within this section. In classifying a project permit application, the Administrator shall by default assign the highest applicable classification. The classifications are defined as follows:
Class I: Administrative permits or approvals categorically exempt from environmental review under Chapter 16.02 EMC and do not require public notice, specifically including, but not by way of limitation, lot/boundary line adjustments, single-family residence building or construction permits accessory thereto, and any action for which SEPA review has been completed in connection with other project permits that were subject to this chapter.
Class II: Permits or approvals that may require environmental review, but require no open record predecision hearing except for purposes of appeal of the administrative decision, such as for short subdivisions, land clearing or grading permits, and revision of shoreline management permits.
Class III: Permits or approvals that require environmental review and an open record predecision hearing prior to issuance of the permit or approval, such as preliminary plats, plat vacations or alterations, binding site plans, conditional use permits, site-specific rezones, zoning variances, shoreline substantial development permits, shoreline conditional use permits, and shoreline variances.
Class IV: Final plats.
(Ord. 498 § 1, 1996)
All project permit applicants, except those with Class I actions involving structures less than 5,000 square feet, shall request and attend a pre-application conference with City technical staff to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, and applicable plans, policies, and regulations. The pre-application conference is not designed to be an exhaustive review of all potential issues, and the discussions at a conference shall not bind, stop or prohibit the City's future application or enforcement of all applicable law.
(Ord. 498 § 1, 1996)
An applicant whose project requires two or more permits or classes of permits may elect to process all related project permit applications as a consolidated permit application. The Administrator shall assign a consolidated permit application a classification equivalent to the highest-numbered of the classifications of the individual permits.
In the absence of such election by the applicant, the project permit applications shall be processed serially, with each project permit application processed individually in descending order of classification (i.e., the higher-classification permits prior to the lower-classification).
(Ord. 498 § 1, 1996)
A. 
Applications for project permits shall be submitted upon forms provided by the City. An application shall contain all information required by the applicable development regulations. The Administrator may require such additional information as reasonably necessary to fully evaluate the proposed project.
B. 
An application shall be verified under penalty of perjury and shall:
1. 
Contain the applicant's statement that the property affected by the application is exclusively owned by the applicant or that the applicant has submitted the application with the consent of all owners of the affected property; and
2. 
Contain the applicant's declaration that the project permit application materials contain no known misrepresentation of fact or proposed action or design that, if completed, would result in a structure, improvement, lot or condition in violation of City law.
C. 
The application shall designate a single person/entity and address to receive determinations and notices required by this chapter.
D. 
An application for a Class II or Class III action shall include self-adhesive address labels preaddressed to the latest recorded real property owners within 300 feet of the boundary of the property affected by the application, as shown by the records of the Whatcom County Assessor.
(Ord. 498 § 1, 1996)
A. 
Within 28 days after receiving a project permit application, the City shall mail or provide in person a written determination to the applicant stating either:
1. 
That the application is complete; or
2. 
That the application is incomplete and what is necessary to complete the application. The determination shall also identify, to the extent known by the City, other agencies of local, State, or Federal government that may have jurisdiction over some aspect of the application.
B. 
A project permit application is complete for purposes of this section when it meets the submission requirements identified in EMC § 16.01.080 and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination issued pursuant to this section shall not preclude the City from requesting additional information or studies either at the time of issuance or subsequently if new information is required or substantial changes in the proposed action occur.
C. 
An application shall be deemed complete under this section if the City fails to timely provide a written determination to the applicant that the application is incomplete as provided in subsection (A)(2) of this section.
D. 
If the applicant receives a written determination that an application is incomplete as provided in subsection (A)(2) of this section, the applicant shall have 90 days to submit the necessary information to the City. If the applicant either refuses in writing to submit additional information or does not submit the required information within the 90- day period, the application shall lapse.
E. 
Within 14 days after an applicant has submitted to the City the additional information identified by the City as being necessary for a complete application, the City shall notify the applicant whether the application is complete or what additional information is necessary. If the identified additional information is not timely submitted, the application shall lapse, as provided in subsection D of this section; provided, the additional information may be submitted before the expiration of the 90-day supplementation period, or the expiration of 14 days after the notice, whichever later occurs.
(Ord. 498 § 1, 1996)
For all Class II and Class III project permit applications, the Administrator shall provide a notice of application, as follows:
A. 
The notice of application shall include the following information:
1. 
The date of the application, the date of issue of the determination of completeness, and the date of the notice of application;
2. 
A description of the proposed project action, a list of the project permits included in the application, and, if applicable, a list of any studies requested under EMC § 16.01.090 or § 16.01.130;
3. 
The identification of other permits not included in the application, to the extent known by the City;
4. 
The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed;
5. 
A statement of the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application;
6. 
A statement of the right of any person to comment on the application, receive notice of any hearings, submit oral or written comments at any hearings, and request a copy of the decision once made;
7. 
A statement of any appeal rights and limitations;
8. 
The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of application; and
9. 
Any other information determined appropriate by the City.
B. 
Time. The notice of application shall be provided:
1. 
Within 14 days after a determination of completeness pursuant to EMC § 16.01.090;
2. 
For all Class III applications, at least 15 days prior to the open record hearing; and
3. 
The date of the notice of application shall coincide with the date of publication of the notice as provided in subsection D of this section.
C. 
Notice – Copies by Mail. On or before the date of publication under subsection D of this section, the Administrator shall mail a copy of the notice of application to:
1. 
Other known agencies with jurisdiction; and
2. 
The neighboring real property owners as identified by the applicant pursuant to EMC § 16.01.080(D).
D. 
Notice – Publication of Summary. The Administrator shall publish a summary of the notice of application in the official City newspaper, which summary shall at least include:
1. 
The project location;
2. 
A brief description of the project;
3. 
The permit(s) required;
4. 
The dates of the public comment period; and
5. 
The location where the complete application may be reviewed.
E. 
Except for a determination of significance, the City shall not issue a threshold SEPA determination under Chapter 16.02 EMC or issue a decision or a recommendation on a project permit until the expiration of the public comment period identified in the notice of application.
(Ord. 498 § 1, 1996)
A. 
Fundamental land use planning choices made in adopted comprehensive plans and adopted development regulations shall serve as the foundation for review of project permit applications. During project review, the City shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations, the comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of:
1. 
Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as conditional uses, if the criteria for their approval have been satisfied;
2. 
Density of residential development, as measured in units per acre or other measures of density;
3. 
Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities.
B. 
During project review, the City shall not re-examine alternatives to or hear appeals on the factors identified in subsection A of this section, except for issues of code interpretation.
C. 
A project's consistency with development regulations or, in the absence of applicable development regulations, the comprehensive plan shall be determined by consideration of the factors identified in subsection A of this section and by consideration of the character of the development with reference to any adopted development standards.
D. 
Pursuant to Chapter 16.02 EMC, the City may determine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of a project's specific adverse environmental impacts to which the requirements apply.
E. 
Nothing in this section limits the authority of the City to approve, condition, or deny, a project as provided in its development regulations and in its SEPA policies adopted in Chapter 16.02 EMC. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable.
F. 
Nothing in this section requires documentation of or dictates the City's procedures for considering consistency or limits the City from asking more specific or related questions with respect to any of the factors identified in subsection C of this section.
(Ord. 498 § 1, 1996)
A. 
The City shall hold no more than one open record hearing in relation to a given project permit application, including a consolidated permit application.
B. 
A predecision open record hearing pertaining to a project permit application shall not occur prior to 15 days after issuance of any threshold SEPA determination under Chapter 16.02 EMC related to the given application.
C. 
The City may combine a hearing on a project permit with a hearing that may be held by another local, State, regional, Federal, or other agency; provided, that the joint hearing is held within the geographic boundary of the City. The applicant may request that hearings be combined as long as the joint hearing can be held within the time periods specified in EMC § 16.01.140. In the alternative, the applicant may agree to a different schedule in the event that additional time is needed in order to combine the hearings.
D. 
At least 10 days prior to a public hearing, the Administrator shall:
1. 
Publish notice of the hearing in the newspaper of legal record; and
2. 
Mail notice of the hearing to the neighboring real property owners as identified by the applicant pursuant to EMC § 16.01.080(D).
E. 
Notices of public hearings under subsection D of this section shall include:
1. 
A brief description of the project;
2. 
The project location;
3. 
The permit(s) required;
4. 
The time, date, and place of the hearing;
5. 
The location where further information be obtained; and
6. 
A statement of the right of any person to submit oral or written comments at the hearing.
F. 
Public hearings shall be conducted in accordance with the following procedures:
1. 
The hearing body shall be subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), the Open Public Meetings Act (Chapter 42.30 RCW), and the appearance of fairness doctrine (Chapter 42.36 RCW) as the same now exist or may hereafter be amended.
2. 
The applicant bears the burden of proof and must demonstrate that the application conforms to the applicable elements of the City's development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.
3. 
The agenda of the public hearing shall, in general, observe the following sequence of events:
a. 
Determination of disqualification(s) of members of the hearing body. A member of the hearing body who is disqualified shall be counted for purposes of forming a quorum. A disqualified member shall make full disclosure on the record, shall not participate in hearing body level discussion of the matter, and shall abstain from voting on the proposal.
b. 
City staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
c. 
Applicant's presentation, including submittal of any materials supplementary to the application. Members of the hearing body may ask questions of the applicant.
d. 
Testimony or comments by the public germane to the matter. The chair shall prohibit anonymous public comment. Questions from the public directed to the staff or the applicant shall be posed by the chair at its discretion.
e. 
Rebuttal, response, or clarifying statements by the applicant and the City staff.
(Ord. 498 § 1, 1996)
A. 
For all permit applications involving only Class I and Class II actions, the Administrator shall provide a single report stating the decision(s) on the permit(s). The report shall serve as the permit(s). The report shall state any mitigation required under the development regulations or under the City's SEPA program (Chapter 16.02 EMC). For Class II applications, the report shall include or append the SEPA threshold determination, if a SEPA threshold determination has not been previously issued. The report shall describe applicable deadlines for and methods of appeal. The report shall be provided to the applicant and to any person who, prior to the publication of the report, requested notice of the decision or submitted substantive comments on the application. The report shall be issued within the time limit described in EMC § 16.01.140.
B. 
For all permit applications involving a Class III action, the City Council shall adopt a single report stating the decision(s) on the permit(s). The report shall serve as the permit(s). The report shall state applicable findings of fact and conclusions of law. The report shall state any mitigation required under the development regulations or under the City's SEPA program (Chapter 16.02 EMC). The report shall describe applicable deadlines for and methods of appeal. The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision or submitted substantive comments on the application. The report shall be issued within the time limit described in EMC § 16.01.140.
C. 
For all permit applications involving Class II or Class III actions, the City shall publish a summary of the report of decision in the official City newspaper.
(Ord. 498 § 1, 1996)
A. 
Except as otherwise provided in subsection B of this section, the City shall issue a notice of final decision on a project permit application within 120 days after the City notifies the applicant that the application is complete, or the application is deemed complete, as provided in EMC § 16.01.090. In determining the number of days that have elapsed after the City has notified the applicant that the application is complete, the following periods shall be excluded:
1. 
The period from the issuance of a SEPA determination of significance (DNS) through the expiration of the time for challenges to the final SEPA environmental impact statement (EIS).
2. 
Any period during a pending administrative or judicial appeals of a SEPA mitigated determination of nonsignificance, a DNS, or of the sufficiency of an EIS.
3. 
The period from the filing of an administrative appeals under EMC § 16.01.150 through final disposition of the appeal.
4. 
Any extension of time mutually agreed upon by the applicant and the City.
5. 
Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information.
a. 
The period shall be calculated from the date the City notifies the applicant of the need for additional information until the earlier of the date the City determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the local government.
b. 
If the City determines that the information submitted by the applicant under subsection (A)(5)(a) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under this subsection (A)(5)(4) of this section shall apply as if a new request for studies has been made.
B. 
The time limit established by subsection A of this section does not apply if a project permit application:
1. 
Requires an amendment to the comprehensive plan or a development regulation;
2. 
Requires approval of 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 under EMC § 16.01.090.
C. 
If the City is unable to issue its final decision within the required time limit, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.
(Ord. 498 § 1, 1995)
Any project permit applicant, Everson resident or owner of real property lying within Everson may request an interpretation of the meaning or application of the City's development regulations applicable to project permit applications. A request shall be written and shall concisely identify the issue and desired interpretation. The Administrator shall provide a written administrative interpretation within 30 days of receipt of the request. The written administrative interpretation shall be limited in its application to the precise fact pattern presented within the request or presumed by the Administrator.
(Ord. 498 § 1, 1995)
A. 
Administrative interpretations under EMC § 16.01.150 and administrative decisions regarding Class I or Class II actions may be appealed to the City Council by any party of record.
B. 
A written notice of appeal shall be filed with the Administrator within 10 days after the date of the issuance of the decision or interpretation being appealed. The filing shall contain a concise statement identifying:
1. 
The decision or interpretation being appealed.
2. 
The name and address of the appellant and appellant's standing.
3. 
The specific reason(s) why the appellant asserts that the decision is in error.
4. 
The desired outcome or changes to the decision.
C. 
Upon filing an appeal, an appellant shall pay the filing fee scheduled in the City's current master fee schedule adopted by resolution of the City Council and shall provide self-adhesive address label preaddressed to the latest recorded real property owners within 300 feet of the boundary of the property affected by the application, as shown by the records of the Whatcom County Assessor.
D. 
All appeals related to a given project permit application shall be considered by the City Council in a consolidated open record public hearing conducted in accordance with the procedures outlined in EMC § 16.01.120. The appellant shall bear the burden of proving the decision was in error.
E. 
Within 90 days of the filing of an appeal under this section, the City Council shall adopt a single report declaring its decision(s) on the appeal(s). The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision. The 90-day time period may be extended upon mutual agreement of all parties to the appeal.
(Ord. 498 § 1, 1996; Ord. 501 § 15, 1996; Ord. 842 § 2, 2023)
A. 
Appeals from a final decision of the City Council under this chapter, and for which all administrative appeals specifically authorized have been timely exhausted, shall be made to Whatcom County Superior Court within 30 days of the date the decision or action became final, unless another more restrictive time period is specifically established elsewhere in this code or by State law.
B. 
Notice of judicial appeal and any other pleadings required to be filed with the court shall be served on the City Clerk 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 bar the City Clerk. Any overage will be refunded to the appellant within 10 days of filing the certified records with the Superior Court.
D. 
The procedure for judicial appeals shall be as provided in the Land Use Petition Act, Chapter 36.70C RCW.
(Ord. 501 § 15, 1996; Ord. 678 § 4, 2008)
Any person, including applicants, citizens, Councilmembers, City staff, and staff of other agencies, may suggest an amendment to the comprehensive plan or to a City development regulation. Suggested amendments shall be submitted to the Administrator in writing. The Administrator shall compile and maintain a list of suggested changes and shall ensure that the accumulated suggestions are considered by the City during its next annual continuing evaluation and review of the comprehensive plan and development regulations pursuant to RCW 36.70A.130. The list of suggested changes received since the last annual evaluation and review shall be available for review by the public.
(Ord. 498 § 1, 1996)