ELECTRIC CITY MUNICIPAL CODE

TABLE OF CONTENTSPrefaceTable of Revised PagesTitle 1 General ProvisionsTitle 2 Administration and PersonnelTitle 3 Revenue and FinanceTitle 4 (Reserved)Title 5 Business Licenses and RegulationsTitle 6 AnimalsTitle 7 (Reserved)Title 8 Health and SafetyTitle 9 Public Peace, Morals, and WelfareTitle 10 Vehicles and TrafficTitle 11 (Reserved)Title 12 Streets, Sidewalks, and Public PlacesTitle 13 Public ServicesTitle 14 (Reserved)Title 15 Buildings and ConstructionTitle 16 EnvironmentTitle 17 SubdivisionsTitle 18 ZoningTitle 19 AdministrationTablesIndex

PREFACECitation to the Electric City Municipal Code: This code should be cited as ECMC; i.e., “seeECMC 3.10.010.” An ECMC title should be cited ECMC Title 3. An ECMC chapter should be citedChapter 3.10 ECMC. An ECMC section should be cited ECMC 3.10.010. Through references shouldbe made as ECMC 3.10.010 through 3.10.040. Series of sections should be cited as ECMC 3.10.010,3.10.020, and 3.10.030.Numbering system: The number of each section of this code consists of three parts, in sequenceas follows: Number of title; number of chapter within the title; number of section within the chapter.Thus ECMC 3.10.020 is Title 3, chapter 10, section 20. The section part of the number (.020) initiallyconsists of three digits. This provides a facility for numbering new sections to be inserted betweenexisting sections already consecutively numbered. In most chapters of the ECMC, sections have beennumbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sectionsso that for a time new sections may be inserted without extension of the section number beyond threedigits.Legislation: The legislative source of each section is enclosed in parentheses at the end of thesection. References to ordinances are abbreviated; thus “(Ord. 332 § 1; Ord. 329 § 2)” refers to section1 of Ordinance No. 332 and section 2 of Ordinance No. 329. “Formerly” followed by an ECMC citationpreserves the record of original codification. A semicolon between ordinance citations indicatesan amendment of the earlier section.Codification tables: To convert an ordinance citation to its ECMC number consult the codificationtables. The parenthetical information at the end of each ordinance entry indicates where theordinance has been codified. Ordinances designated as “Special,” “Repealed,” or “Not codified” donot appear in the code.Index: A complete subject matter index is included for ECMC Titles 1 through 19. The indexincludes complete cross-referencing and is keyed to the section numbers described above.Errors or omissions: Although considerable care has been used in the production of this code, itis inevitable in so large a work that there will be errors. As users of this code detect such errors, it isrequested that a note citing the section involved and the nature of the error be e-mailed to:CPC@codepublishing.com, so that correction may be made in a subsequent update.Computer access: Code Publishing Company supports a variety of electronic formats for searching,extracting, and printing code text; please call the publisher for more information.CODE PUBLISHING COMPANYSeattle, Washington(206) 527-6831

How to Amend the CodeCode Structure and OrganizationThe code is organized using a 3-factor decimal numbering system which allows for additions between sections,chapters, and titles, without disturbing existing numbers.TitleChapterSection2 . 04 . 050Typically, there are 9 vacant positions between sections; 4 positions between chapters, and several title numbersare “Reserved” to allow for codification of new material whose subject matter may be related to an existingtitle.Ordinances of a general or public nature, or one imposing a fine, penalty or forfeiture, are codifiable. Prior toenacting a codifiable ordinance, ascertain whether the code already contains provisions on the topic.AdditionsIf the proposed ordinance will add material not contained in the code, the ordinance will specify an “addition”;that is, a new title, chapter, section, or subsection, will be added. For example:Section 1.-or-Chapter 5.20, Taxicab Licenses, is added to read as follows:Section 1.A new title, Title 18, Zoning, is added to read as follows:A specific subsection can also be added when appropriate:Section 2.Subsection D is added to Section 5.05.070, to read as follows:AmendmentsIf the ordinance amends existing code provisions, specify the affected section or chapter numbers in the ordinance.This kind of amendment typically adds a section to an existing chapter, or amends an existing section. Setout the entire section or subsection, not just the text (e.g., sentence) that was changed. For example:Section 1.-or-Section 5.05.030 is amended to read as follows:Section 1.Section 5.05.035, Additional fees, is added to Chapter 5.05 to read as follows:An ordinance can also amend a specific subsection of a code section:Section 3.Subsection B of Section 5.05.070 is amended to read:RepealsOrdinances which repeal codified material should specify the code chapter, section, or subsection number.The chapter, section, or subsection numbers will be retained in the code, along with their title, as a record of ordinanceactivity (and as an explanation for gaps in the numbering sequence). The number of the repealed sectionor chapter number can be reused at a later time when desired. For example:Section 2.Section 5.05.020, License, is repealed.RenumberingIf the ordinance renumbers existing code provisions (either sections or subsections), identify how remainingsections or subsections should be renumbered (or relettered).Codification AssistanceCode Publishing Company can assist either in specifying code numbers or in providing other codificationrelated problems free of charge. Please call us at (206) 527-6831.

ELECTRIC CITY MUNICIPAL CODETABLE OF REVISED PAGESTABLE OF REVISED PAGESThe following table is included in this code as a guide for determining whether the code volume properlyreflects the latest printing of each page. This table will be updated with the printing of each supplement.Through usage and supplementation, pages in looseleaf publications can be inserted and removed in errorwhen pages are replaced on a page-for-page substitution basis.The “Page” column lists all page numbers in sequence. The “Revised Date” column reflects the latestrevision date (e.g., “(Revised—)”) and printing of pages in the up-to-date volume. A “—” indicates that thepage has not been revised since the 2012 reprinting. This table reflects all changes to the code throughOrdinance 466, passed August 28, 2012.PageRevised DateTable of Contents ............................................ —Preface ............................................................ —Title 11 ...................................................................... —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —Title 21 ...................................................................... —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12............................................................... —13, 14 .............................................................. —15, 16 .............................................................. —Title 31 ...................................................................... —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12............................................................... —13, 14 .............................................................. —15, 16 .............................................................. —Title 41 ...................................................................... —Title 51 ...................................................................... —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —PageRevised Date11, 12 .............................................................. —13, 14 .............................................................. —15 .................................................................... —Title 61 ...................................................................... —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12 .............................................................. —Title 71 ...................................................................... —Title 81 ...................................................................... —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12 .............................................................. —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —19, 20 .............................................................. —Title 91 ...................................................................... —3, 4 .................................................................. —Title 101 ...................................................................... —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —i

TABLE OF REVISED PAGESELECTRIC CITY MUNICIPAL CODEPageRevised DateTitle 111....................................................................... —Title 121....................................................................... —3, 4................................................................... —5, 6................................................................... —7, 8................................................................... —9, 10................................................................. —Title 131....................................................................... —3, 4................................................................... —5, 6................................................................... —7, 8................................................................... —9, 10................................................................. —11, 12 ............................................................... —13, 14............................................................... —15, 16............................................................... —17, 18............................................................... —19, 20............................................................... —Title 141....................................................................... —Title 151....................................................................... —3, 4................................................................... —5, 6................................................................... —7, 8................................................................... —9....................................................................... —Title 161....................................................................... —3, 4................................................................... —5, 6................................................................... —7, 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16............................................................... —17, 18............................................................... —19, 20............................................................... —21, 22............................................................... —23, 24............................................................... —25, 26............................................................... —27, 28............................................................... —29, 30............................................................... —31, 32............................................................... —33, 34............................................................... —35..................................................................... —Title 181....................................................................... —3, 4................................................................... —5, 6................................................................... —7, 8................................................................... —9, 10................................................................. —11, 12............................................................... —13, 14............................................................... —15, 16............................................................... —17, 18............................................................... —19, 20............................................................... —21, 22............................................................... —23, 24............................................................... —25, 26............................................................... —27, 28............................................................... —29, 30............................................................... —31, 32............................................................... —33, 34............................................................... —35, 36............................................................... —37, 38............................................................... —39, 40............................................................... —41, 42............................................................... —43, 44............................................................... —45, 46............................................................... —47, 48............................................................... —49, 50............................................................... —51, 52............................................................... —53, 54............................................................... —55, 56............................................................... —57, 58............................................................... —59, 60............................................................... —61, 62............................................................... —63, 64............................................................... —65, 66............................................................... —67, 68............................................................... —69, 70............................................................... —71, 72............................................................... —ii

ELECTRIC CITY MUNICIPAL CODETABLE OF REVISED PAGESPageRevised Date73, 74 .............................................................. —75, 76 .............................................................. —77, 78 .............................................................. —79, 80 .............................................................. —81, 82 .............................................................. —83, 84 .............................................................. —Title 191 ...................................................................... —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12............................................................... —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —19, 20 .............................................................. —21 .................................................................... —Ordinance Table1, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7 ...................................................................... —IndexPreface ............................................................ —1, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12............................................................... —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —19, 20 .............................................................. —21, 22 .............................................................. —23, 24 .............................................................. —25 .................................................................... —iii

Chapters:1.01 Code Adoption1.05 General Provisions1.10 Public Posting of Ordinances1.15 General Penalty1.20 Gifts1.25 Administrative Enforcement1.30 City ClassificationTitle 1GENERAL PROVISIONS1-1

ELECTRIC CITY MUNICIPAL CODE 1.05.010Chapter 1.01CODE ADOPTION(Reserved)Chapter 1.05GENERAL PROVISIONSSections:1.05.010 References to town are herebychanged to city.1.05.010 References to town are herebychanged to city.Throughout the Electric City Municipal Code,there are numerous references to the town of ElectricCity. By virtue of the town having changed itsform of government, and having become anoptional municipal code city with a mayor/councilform of government, the codifier for the city ishereby authorized and directed to change all referencesto the term “town” contained in the code tothe term “city.” Wherever the word “town” appearsin the code, it shall mean the city of Electric City.(Ord. 456 § 1, 2012)1-3

1.15.010 PUBLIC POSTING OF ORDINANCESChapter 1.10PUBLIC POSTING OF ORDINANCES(Reserved)Chapter 1.15GENERAL PENALTYSections:1.15.010 Violation – Penalty.1.15.020 Penalties for civil violations –Generally.1.15.030 Penalties for civil violations –Designated.1.15.040 Specific penalties – Additionalassessment.1.15.010 Violation – Penalty.(1) Any person, firm or corporation violatingany requirements of any ordinance of the city isdeemed to have committed a civil infraction unlessotherwise expressly provided by an ordinance ofthe city. Every person, firm or corporation foundby the court to have committed a civil infractionunder any ordinance of the city shall be subject toa penalty of up to $5,000; provided further, thatminimum monetary penalties may be establishedpursuant to ECMC 1.15.020.(2) In cases where an ordinance of the city providesfor administrative enforcement of a violationof that ordinance, any person, firm or corporationdetermined to have violated that ordinance shall besubject to a penalty not to exceed $5,000.(3) In cases where an ordinance of the city providesa violation of that ordinance shall be a misdemeanor,any person, firm or corporation convictedof a misdemeanor under any ordinance of the cityshall be punished by a fine not to exceed $5,000 orby imprisonment not to exceed one year, or by bothsuch fine and imprisonment.(4) Each person, firm or corporation is deemedto have committed a separate civil infraction foreach and every day during any portion of whichany violation of any provision of this code is committed,continued or permitted by such person, firmor corporation, and such person, firm or corporationis subject to paying penalties accordingly.(5) Each person, firm, or corporation is deemedto have committed a separate violation subject toadministrative enforcement for each and every dayduring any portion of which any violation of anyprovision of this code is committed, continued, orpermitted by any such person, firm, or corporationand such person, firm, or corporation is subject topenalties accordingly.(6) Each person, firm or corporation is guilty ofa separate misdemeanor for each and every dayduring any portion of which any misdemeanor vio-1-4

ELECTRIC CITY MUNICIPAL CODE 1.15.040lation of any provision of this code is committed,continued or permitted by any such person, firm orcorporation, and such person, firm or corporation ispunishable accordingly. (Ord. 409 § 1, 2008; Ord.374 § 1, 2006)1.15.020 Penalties for civil violations –Generally.Civil penalties for violations of any section orsections of any ordinance of the city where specificprovision is made in the section or sections toestablish a minimum penalty to be imposed, suchminimum penalty shall not be suspended, deferred,or forgiven by the court, nor shall the court defer tocontinue a determination the defendant shall havecommitted the infraction under any condition thatallows the suspending, deferring, or forgiving ofany minimum penalty. (Ord. 374 § 1, 2006)1.15.030 Penalties for civil violations –Designated.The following specific, nondeferrable, nonsuspendablecivil penalties may be adopted by categoricalreference in other sections of this code as aspecific civil penalty to be imposed for a civil violationof the sections specified:CategoryPenaltyC-18 Not less than $35.00C-19 Not less than $25.00C-20 Not less than $15.00(Ord. 374 § 1, 2006)1.15.040 Specific penalties – Additionalassessment.Whenever there shall have been established byany action of the city council a specific nondeferrable,nonsuspendable penalty for violation of anysection of any ordinance of the city, the designatedrepresentative of the city, who shall issue a noticeof infraction or a citation for the commission of acrime as defined by ECMC 1.15.010 where a specificpenalty is provided, shall add to the penaltyprovided by any ordinance of the city, the cost ofall court filing fees as established by any ordinanceof the city together with any assessments or penaltiesrequired to be imposed by state law. (Ord. 374§ 1, 2006)CategoryPenaltyC-1 Not less than $1,000.00C-2 Not less than $760.00C-3 Not less than $610.00C-4 Not less than $510.00C-5 Not less than $410.00C-6 Not less than $310.00C-7 Not less than $260.00C-8 Not less than $210.00C-9 Not less than $185.00C-10 Not less than $160.00C-11 Not less than $135.00C-12 Not less than $110.00C-13 Not less than $85.00C-14 Not less than $80.00C-15 Not less than $70.00C-16 Not less than $60.00C-17 Not less than $50.001-5

1.20.010 GIFTSChapter 1.20GIFTSSections:1.20.010 Acceptance of gifts.1.20.010 Acceptance of gifts.Before any donation or gift of real or personalproperty to the city shall become effective, the citycouncil shall adopt a resolution confirming thecity’s acceptance of the gifted or donated propertyor so much of such property as the council deemsappropriate. (Ord. 381 § 1, 2006)Chapter 1.25ADMINISTRATIVE ENFORCEMENTSections:1.25.010 Purpose.1.25.020 Duties of officials.1.25.030 Right of entry.1.25.040 Violations.1.25.050 Enforcement and penalties.1.25.010 Purpose.The purpose of this chapter is to establish provisionspertaining to the administrative enforcementof the provisions of this code when so indicated. Itis the intent of this chapter that all questions ofinterpretation and enforcement shall first be presentedto the responsible official for resolutionprior to seeking enforcement through litigation.(Ord. 391 § 1, 2007)1.25.020 Duties of officials.(1) The code enforcement officer, communitydevelopment director, community service officer,finance director, municipal services director,police chief, utility account technician or other designatedcity official, or that official’s designee orany other person designated by the mayor, orally orin writing, to engage in administrative enforcementis responsible for the administration, interpretationand enforcement of any provision so delegated tothat position.(2) General Duty. None of the provisions of thischapter are intended to create a cause of action orprovide the basis for a claim against the city, itsofficials, or employees for the performance or failureto perform a duty or obligation running to aspecific individual or specific individuals. Anyduty or obligation created herein is intended to bea general duty or obligation running in favor of thegeneral public. (Ord. 391 § 1, 2007)1.25.030 Right of entry.(1) Application Constitutes Permission forEntry. Application for any permit, license, permission,or approval constitutes permission for representativesof the city to enter on the propertyinvolved in order to make inspections necessary topermit review.(2) Investigation of Potential Violations. Thecity personnel may enter upon private property toinvestigate potential violations enforced underECMC 1.25.020 if they have a good faith beliefthat a violation exists on the property. Before enter-1-6

ELECTRIC CITY MUNICIPAL CODE 1.25.050ing upon private property, the city personnel shallpresent credentials to the owner or person in possessionor charge of the property and request entry.If entry is refused, the city personnel may use anylawful means to obtain entry. (Ord. 391 § 1, 2007)1.25.040 Violations.(1) It is unlawful for any person to do or causeany act to be done contrary to or in violation of theprovisions enforced under ECMC 1.25.020, andfor any property owner to permit any act to be donecontrary to or in violation of those provisions.(2) It is also unlawful for any applicant or permitteeto fail to perform any activity or obligationrequired by the provisions enforced under ECMC1.25.020. (Ord. 391 § 1, 2007)1.25.050 Enforcement and penalties.When the appropriate city official determinesthat a violation of any chapter they are chargedwith enforcement under ECMC 1.25.020 exists, heor she may proceed against that violation using theprocedures provided in this chapter.(1) Initiation of Review. A review under thissubsection may be initiated by: the city official; amotion of the city council; any aggrieved personbelieving that a violation or violations of any of thechapters listed in ECMC 1.25.020 is occurring bymaking a written complaint to the appropriate cityofficial.(2) Review Procedure.(a) The city official shall within 60 daysafter the receipt of such written allegations ormotion of the city council complete an investigationof the alleged violation(s) to determine themerits thereof.(b) Within 14 days after the city official hascompleted the investigation, he or she shall take thefollowing action:(i) If the city official determines that noviolation as alleged or otherwise is occurring, thennotification of that decision shall be given to thecomplaining person or a spokesperson for the complainingperson, or in a written report to the citycouncil.(ii) If the city official determines that aviolation is occurring or has occurred as alleged, anotice of violation and order to correct or ceaseactivity shall be sent as specified in subsection (3)of this section.(c) If the city official determines that theway to correct a violation is for the property owneror violator to cease the activity, or for the city toimpose new or changed conditions on a permit orlicense that has been issued or approved, the cityofficial shall refer the matter to the city agencywhich issued that permit or approval.(d) If the violation is of a condition whichwas imposed by staff and staff finds that the violationcan be reasonably resolved by imposing newor changed conditions on the permit or plan, conditionsmay be changed by staff.(e) If the staff determines that the way tocorrect a violation is for the permittee to cease theviolation and the permittee fails or refuses to ceasethe violation, the staff may revoke the permit orapproval and may order activity allowed by thepermit or approval to cease.(3) Notice of Violation and Order to Correct orCease Activity.(a) General. If the appropriate city officialdetermines that a violation of any chapter they arecharged with enforcement under ECMC 1.25.020exists, he or she may issue a notice of violation andorder to correct or cease activity. This notice willspecifically indicate the following:(i) The name and address of the person(s)charged with the violation;(ii) What provision of this code is beingviolated;(iii) The street address and a brief legaldescription of the site on which the violation hasbeen determined to exist;(iv) What is necessary to correct the violation;(v) The time by which the violation is tobe corrected or activity ceased; and(vi) A statement that the civil penaltiesestablished in subsection (5) of this section shall beassessed against the person(s) cited if the violationis not corrected within the specified time period.(b) Notice to Occupant and Owner. The cityofficial shall deliver or cause to be delivered thenotice of violation and order to correct or ceaseactivity by U.S. postal mail, or certified mail returnreceipt requested, or personal service to: the occupantor person in charge of the property if the occupantor person in charge of the property is theviolator; or, the owner of the property if the ownerof the property is the violator.A copy of the notice of violation and order tocorrect or cease activity shall be sent to the complainingperson or a spokesperson for complainingperson.(4) Appeals. Any notice of violation and orderto correct or cease activity issued by the city officialshall be appealable to the hearing examinerunder Chapter 19.03 ECMC.1-7

1.30.010 CITY CLASSIFICATION(5) Penalties.(a) Any violation for which a notice of violationand order to correct or cease activity hasbeen issued but which has not been correctedwithin the time specified shall incur a civil penaltyof $250.00 per day up to a sum of $5,000, beginningon the day the correction was to be completed.The cumulative penalty provided for in this subsectionshall not accrue while an appeal is pending,nor shall the penalty preclude the initiation ofappropriate legal action to correct the violation.(b) If a penalty has been assessed pursuantto subsection (5)(a) of this section, a court shallassess that penalty and any additional penalty thecourt considers appropriate plus court costs andattorney’s fees.(6) If the city official determines that the propertyowner or violator could reasonably correct theviolation, but fails to do so within the time specifiedin the notice of violation and order to corrector cease activity, the city official may refer thematter to the city attorney for civil enforcement byinjunction or other appropriate action.(7) Compromise, Settlement, and Dispositionof Disputes or Litigation. The city official whoissued the notice of violation and order to correct orcease activity and the city attorney may negotiate asettlement or compromise, or otherwise dispose ofa dispute or litigation when to do so would be in thebest interests of the city. (Ord. 391 § 1, 2007)Chapter 1.30CITY CLASSIFICATIONSections:1.30.010 Change in classification.1.30.010 Change in classification.(1) Upon the effective date of the ordinancecodified in this section, the town of Electric Cityshall become the city of Electric City, a non-chartercode city.(2) The city of Electric City shall continue to bea mayor-council form of government with a fivemembercouncil.(3) All ordinances and resolutions of the townof Electric City shall remain in full force andeffect. (Ord. 377 § 3, 2006)1-8

Title 2ADMINISTRATION AND PERSONNELChapters:2.05 Clerk-Treasurer2.10 Fire Department2.15 Department Head Selection and Removal2.20 City Council2.25 Improvement Board2.30 Planning Commission2.35 Hearing Examiner2.40 Public Works Director2.45 City Officers2.50 Indemnification2-1

ELECTRIC CITY MUNICIPAL CODE 2.05.040Chapter 2.05CLERK-TREASURERSections:2.05.010 Repealed.2.05.020 Oath – Bond.2.05.030 Compensation.2.05.040 Offices combined.2.05.010 Duties.Repealed by Ord. 364. (Ord. 2 § 1, 1951)2.05.020 Oath – Bond.Before entering upon the duties of the clerktreasurer’soffice, the city clerk-treasurer shall takean oath of office and file a bond, acceptable to thecouncil, duly executed by the clerk-treasurer andby a company duly authorized to act as a surety inthe state of Washington, for the sum of $1,000 conditionedupon faithful performance of the clerktreasurer’sduties. (Ord. 456 § 1, 2012; Ord. 2 § 2,1951)2.05.030 Compensation.The compensation of the city clerk-treasurershall be the sum decided upon by the city council.(Ord. 456 § 1, 2012; Ord. 2 § 3, 1951)2.05.040 Offices combined.The office of city treasurer of the city of ElectricCity is hereby combined with the office of cityclerk of the city of Electric City to create the officeto be hereafter designated as the clerk-treasurer ofthe city of Electric City. (Ord. 456 § 1, 2012; Ord.16 § 1, 1952)Sections:Chapter 2.10FIRE DEPARTMENTArticle I. Fire Department2.10.010 Established.2.10.020 Title.2.10.030 Membership – Rules and regulations.2.10.040 Delegation of duties and regulations.2.10.050 Fire chief – Appointment.2.10.060 Fire chief – Removal.2.10.070 Chief executive officer.2.10.080 Duties of chief.2.10.090 Establishment of command at scene offires.2.10.100 Assistant chief – Duties.2.10.110 Fire vicinity command procedures –Giving of orders.2.10.120 Property removal authority.2.10.130 Driving vehicles over fire departmenthoses – Violation – Penalty.2.10.140 Fire station or building obstruction –Violation – Penalty.2.10.150 Repealed.Article II. Establishment of FireDepartment Benefits2.10.160 Adoption of Chapter 41.24 RCW.2.10.170 Authorization to enroll.2.10.180 Firefighters’ fees.2.10.190 Payment of fees.2.10.200 Modification of Chapter 41.24 RCW.2.10.210 Number of firefighters.2.10.220 Board of trustees.2.10.230 Officers – Duties.2.10.240 Board – Duties – Disbursement.2.10.250 Meeting dates.2.10.260 Witnesses, oaths, rules andregulations.2.10.270 Employment of examining physician.2.10.280 Hearing on application for benefits.2.10.290 Quorum.2.10.300 Guardian.2.10.310 Disability payments – Death benefits –Retirement provisions – Disability orretirement payments – Lump sumpayments.2.10.320 Hospitalization, surgery, etc. –Funeral and burial expenses.2-3

2.10.010 FIRE DEPARTMENTArticle I. Fire Department2.10.010 Established.A fire department is hereby established in thecity of Electric City which shall consist of onechief and assistant chief and a membership of notless than 15 or more than 25 members, includingthe chief and assistant chief. (Ord. 456 § 1, 2012;Ord. 39 § 1, 1956)2.10.020 Title.The fire department shall be known as the ElectricCity volunteer fire department, and shall be anorganization with certain rights and liabilities ashereinafter set forth, or as may be hereinafter setforth in other ordinances, or as may have been setforth in ordinances prior hereto. (Ord. 39 § 2,1956)2.10.030 Membership – Rules andregulations.The members of the fire department shall be ofthe age of 21, and shall be subject to rules and regulationsas set forth by the Electric City fire department.(Ord. 39 § 3, 1956)2.10.040 Delegation of duties andregulations.The city council of Electric City has the authorityto delegate to the volunteer fire department theright to define all the duties of and regulations pertinentto the fire department. (Ord. 456 § 1, 2012;Ord. 364 § 2, 2005; Ord. 39 § 4, 1956)2.10.050 Fire chief – Appointment.The fire chief for said department shall beappointed by the mayor. (Ord. 39 § 5, 1956)2.10.060 Fire chief – Removal.The fire chief cannot be removed from office,except as set forth in Chapter 41.08 RCW, which isadopted by this reference, as it now exists or ishereafter amended. (Ord. 364 § 3, 2005; Ord. 39§ 6, 1956)2.10.070 Chief executive officer.The chief of the fire department shall be thechief executive officer of the department, subjectto the rules, regulations and orders of the city council.(Ord. 456 § 1, 2012; Ord. 364 § 4, 2005; Ord.39 § 7, 1956)2.10.080 Duties of chief.It shall be the duty of the chief to see that allproperty, apparatus and hydrants provided for theuse of the fire department are protected from violenceand kept clean, in good repair and in good,safe working condition for immediate use. (Ord.364 § 5, 2005; Ord. 39 § 8, 1956)2.10.090 Establishment of command at sceneof fires.At all fires, the chief of the fire department shallhave sole command and all members of the firedepartment and all police officers of the city shall,during the continuance of any fire, be subject to hisorder. In the absence of the chief or assistant chief,the first city police officer or firefighter to arriveupon the scene of said fire shall have sole commandthereof until he/she turns the fire control overto the fire chief or second-in-command of the firedepartment or police department, when deemednecessary for the extinguishment of the fire. (Ord.456 § 1, 2012; Ord. 364 § 6, 2005; Ord. 39 § 9,1956)2.10.100 Assistant chief – Duties.The assistant chief of the fire department shallrender such assistance to the chief in the dischargeof his duties as shall be required by such chief andthe city council. He shall have command at all firesfrom which such chief for any cause may beabsent; and in the absence of the chief he shall at alltimes exercise like powers as might be exercisedby the chief if present. (Ord. 456 § 1, 2012; Ord.364 § 7, 2005; Ord. 39 § 10, 1956)2.10.110 Fire vicinity command procedures –Giving of orders.The chief of the fire department or the assistantchief in command may prescribe limits in thevicinity of any fire within which no person exceptthose who reside therein, firefighters and policeofficers, and those admitted by any officer of thefire department shall be permitted to come and itshall be the duty of the chief or of the assistantchief in command to appoint a suitable number offirefighters and police officers to act at any fire,who shall be selected from members of the departmentor other responsible persons, and said policeshall look after the protection of life and shall preventthe purloining of goods and other depredations;all orders issued by the assistant, not orderedby the chief, shall be reported to the chief by theassistant as soon as possible. (Ord. 39 § 11, 1956)2-4

ELECTRIC CITY MUNICIPAL CODE 2.10.2102.10.120 Property removal authority.The chief of the fire department or the assistantchief in command shall have the power to cause theremoval of any property, whenever it shall becomenecessary for the preservation of such propertyfrom fire or to prevent the spreading of fire, or toprotect adjoining property, if doing so causes norisk of injury to firefighters. (Ord. 364 § 8, 2005;Ord. 39 § 12, 1956)2.10.130 Driving vehicles over firedepartment hoses – Violation –Penalty.If any car, truck, or other vehicle is driven overthe hose belonging to the fire department of the cityof Electric City laid in the street at the occurrenceof any fire or firefighters’ drill, or at any other timein the city, or at any alarm of fire, the owner, driveror drivers of such vehicles shall be guilty of a civilinfraction, and shall be subject to the penalties setforth in Chapter 1.15 ECMC. (Ord. 456 § 1, 2012;Ord. 364 § 9, 2005; Ord. 39 § 13, 1956)2.10.140 Fire station or building obstruction– Violation – Penalty.If any car, truck, or other vehicle, or any animal,structure or obstruction, is put, placed or drivenand left standing in the street in front of theentrance of any fire station or fire building in thecity of Electric City at any time, the driver or drivers,person or persons so driving or placing thesame shall be guilty of a misdemeanor and uponconviction shall be subject to the penalties set forthin Chapter 1.15 ECMC. (Ord. 456 § 1, 2012; Ord.364 § 10, 2005; Ord. 39 § 14, 1956)2.10.150 Association entitlements orappropriations – Organizationrequirements.Repealed by Ord. 364. (Ord. 39 § 15, 1956)Article II. Establishment of FireDepartment Benefits2.10.160 Adoption of Chapter 41.24 RCW.The municipality of Electric City, Washington,does hereby adopt, for the benefit of the membersof its fire department, established by Article I ofthis chapter, the benefits of Chapter 41.24 RCW, asnow enacted or hereafter modified or amended, forvolunteer firefighters’ relief and compensation forprotection of all its firefighters and their familiesfrom death or disability arising in the performanceof their duties as firefighters, and hereby give thecommission, established under this chapter, allpowers established within that act as therein provided.(Ord. 66 § 1, 1961)2.10.170 Authorization to enroll.All firefighters of the city of Electric City arehereby authorized to enroll under the provisions ofChapter 41.24 RCW, to avail themselves of theretirement provisions of said chapter. (Ord. 456§ 1, 2012; Ord. 66 § 2, 1961)2.10.180 Firefighters’ fees.Every member of the fire department of the cityof Electric City is hereby required to pay such feesas are required to conform to Chapter 41.24 RCW,as now or hereafter enacted by the Legislature ofthe State of Washington, at such time as they aredemanded by the city of Electric City in order forsaid chapter to be complied with in all regards.(Ord. 456 § 1, 2012; Ord. 66 § 3, 1961)2.10.190 Payment of fees.The city of Electric City shall pay over to theState Treasury, on or before the first day of Marchof each and every year, an annual fee for eachmember of its fire department for the purpose ofaffording said members with protection from deathor disability as follows:(1) The sum of $3.00 for each volunteer memberof its fire department;(2) An annual fee of $22.00 for each of its firefighterselecting to enroll under the retirement provisionsof Chapter 41.24 RCW; $10.00 of theannual fee shall be paid by the municipality and$12.00 of said annual fee shall be paid by the firefighter.(Ord. 456 § 1, 2012; Ord. 66 § 4, 1961)2.10.200 Modification of Chapter 41.24RCW.In the event that Chapter 41.24 RCW is hereaftermodified by the Legislature of the State ofWashington, the fees collected and paid over shallautomatically be adjusted to conform to the modificationof said state statute in absence of affirmativeaction by the council of Electric City to thecontrary. (Ord. 66 § 5, 1961)2.10.210 Number of firefighters.The number of voluntary firefighters in the cityof Electric City shall not exceed 25. (Ord. 456 § 1,2012; Ord. 66 § 6, 1961)2-5

2.10.220 FIRE DEPARTMENT2.10.220 Board of trustees.There is hereby created and established a boardof trustees for the administration of this chapter.Said board shall consist of the mayor; city clerktreasurer;one council member of this municipality,said council member to be appointed by the majorityvote of the council; the chief of the fire department;and one member of the fire department to beelected by the members of such fire department fora term of one year and annually thereafter. Thesemembers shall serve for a period of one year,except for the first board, and their term of officeshall coincide with the term of office of the memberof the council of the city of Electric City. (Ord.456 § 1, 2012; Ord. 66 § 7, 1961)2.10.230 Officers – Duties.The mayor of Electric City shall be the chairmanof the board of trustees, and the clerk-treasurer ofthe city shall be the secretary-treasurer of the boardof trustees. The secretary shall keep a public recordof all proceedings, of all receipts and disbursementsmade by the board of trustees, and shallmake an annual report of its expenses and disbursementswith a full list of beneficiaries of said fund insuch municipality, such record to be placed on filewith the records of the city of Electric City and thecopy filed with the State Auditor. (Ord. 456 § 1,2012; Ord. 66 § 8, 1961)2.10.240 Board – Duties – Disbursement.The board of trustees shall provide for enrollmentof all members of the city of Electric City firedepartment under the death and disability provisionsof Chapter 41.24 RCW; receive all applicationsfor enrollment under the retirementprovisions of said state statutes; provide for disbursementsof relief and compensation; determinethe eligibility of firefighters for pensions; and passon all claims and direct payment thereof from thevolunteer firefighters’ relief and pension fund tothose entitled thereto. Vouchers shall be signed bythe chairman and the secretary of the board andissued to the person entitled thereto for the amountof money ordered paid to them from the fund by theboard, which voucher shall state for what purposethe payment is made. The board of trustees shallsend to the State Board, after each meeting, a list ofpersons entitled to payment from the fund, statingthe amount of such payment and for what granted,which list shall be certified and signed by the chairmanand secretary of the board, attested under oath.(Ord. 456 § 1, 2012; Ord. 66 § 9, 1961)2.10.250 Meeting dates.The board of trustees shall meet on the call of itschairman on the day regularly set for the meetingof the council of Electric City where its businessshall come before it. (Ord. 66 § 10, 1961)2.10.260 Witnesses, oaths, rules andregulations.The chairman shall call the meeting on any regularmeeting day at the request of any member ofthe fund or his beneficiary claiming any relief,compensation or pension therefrom. The board oftrustees shall have power to compel the attendanceof witnesses to testify before it and all matters connectedwith the operation of the ordinance andChapter 41.24 RCW, and the chairman, or anymember of the board of trustees, may administeroaths to such witnesses and make all necessaryrules and regulations for its guidance in conformitywith the provisions of Chapter 41.24 RCW; provided,however, that no compensation or any emolumentsshall be paid to any member of the board oftrustees for any duties performed under this chapteras such trustee. (Ord. 66 § 11, 1961)2.10.270 Employment of examiningphysician.The board shall make provision for the employmentof a regularly licensed, practicing physicianfor the examination of members of the fire departmentof Electric City making application for membership.Such appointed physician shall visit andexamine all sick and injured firefighters, performsuch services and operations and render all medicalaid and care necessary for the recovery of firefighterson account of sickness or disability receivedwhile in the performance of their duties as volunteerfirefighters. Such appointed physician shall bepaid for his services from the fund created underthis chapter and Chapter 41.24 RCW, but not inexcess of the schedule of fees for like servicesapproved by the Director of Labor and Industryunder RCW Title 51. No person shall have anyright of action against the board of trustees for thenegligence of any physician or surgeon employedby it. Any physician employed by the board toattend upon any firefighter shall report any findingsin writing to the board. (Ord. 66 § 12, 1961)2.10.280 Hearing on application for benefits.The board of trustees shall hear and decide allapplications for relief or compensation and pensionsunder this chapter and Chapter 41.24 RCW.(Ord. 66 § 13, 1961)2-6

ELECTRIC CITY MUNICIPAL CODE 2.15.0402.10.290 Quorum.A majority of the board of trustees shall constitutea quorum, and no business shall be transactedwhen a majority is not present, and no votes shallbe allowed where a majority of the board has notvoted favorably thereon. (Ord. 66 § 14, 1961)2.10.300 Guardian.The board of trustees shall have the power andauthority to ask for the appointment of a guardianwhenever and wherever a claim of a firefighter ora firefighter’s beneficiary would, in the opinion ofthe board, be best served thereby. The board shallhave the power to make and direct the payments,therein provided for, to any person entitled theretowithout the necessity of any guardianship oradministration proceedings when, in its judgment,it shall determine it to be for the best interests of thebeneficiary. (Ord. 66 § 15, 1961)2.10.310 Disability payments – Deathbenefits – Retirement provisions –Disability or retirement payments –Lump sum payments.Disability payments, death benefits, retirementprovisions, disability or retirement payments andlump sum payments shall be determined as providedunder RCW 41.24.150, 41.24.160,41.24.170, 41.24.175 and 41.24.180, as said sectionsare now enacted or may hereafter be enactedby the state of Washington. (Ord. 66 § 16, 1961)2.10.320 Hospitalization, surgery, etc. –Funeral and burial expenses.Hospitalization, surgery, etc., and funeral andburial expenses shall be determined as providedunder RCW 41.24.220 and 41.24.230. (Ord. 66§ 17, 1961)Chapter 2.15DEPARTMENT HEAD SELECTIONAND REMOVALSections:2.15.010 Purpose of chapter.2.15.020 Department heads – Enumerated.2.15.030 Appointment.2.15.040 Removal.2.15.010 Purpose of chapter.The intent of the city in the adoption of thischapter is to provide to those personnel of the citywho are without the protection of either the policeor fire civil service systems and who hold executivepositions a job security and protection fromremoval from their position with the city. The jobprotection afforded the department heads designatedbelow is to be considered as a form of civilservice for the purposes of RCW 35A.12.090.(Ord. 402 § 1, 2008)2.15.020 Department heads – Enumerated.The city is organized into departments which aredirected by heads. The following department headsshall be subject to the provisions of this chapter:city clerk, public works director and fire chief.(Ord. 402 § 1, 2008)2.15.030 Appointment.The city clerk, public works director and firechief shall be appointed by the mayor and shall beconfirmed by a majority of the whole councilbefore assuming office. (Ord. 402 § 1, 2008)2.15.040 Removal.The city clerk, public works director and firechief shall serve until removed as provided in thischapter or until their resignation, death or disqualificationto hold office. The mayor may recommendremoval, with or without cause, of any of theofficials listed above. Such recommendation forremoval shall require the confirmation of a majorityof the whole council before becoming effective.The mayor shall have the power to suspend any ofthe above listed officials without pay, pending avote by the city council upon the mayor’s recommendationof removal. (Ord. 402 § 1, 2008)2-7

2.20.010 CITY COUNCILChapter 2.20CITY COUNCILSections:2.20.010 City organization.2.20.020 Council meetings.2.20.030 Order of business – Agenda.2.20.040 Introduction of ordinances.2.20.050 Enactment procedure.2.20.060 Effective date of ordinances.2.20.070 Numbering of ordinances andresolutions.2.20.080 Special meetings.2.20.090 Robert’s Rules.Prior legislation: Ords. 80 and 88.2.20.010 City organization.(1) The city of Electric City is a non-chartercode city of the state of Washington duly organizedand operating as a mayor-council form of governmentwith a council of five as provided by law.(2) Pursuant to law, the city by ordinance shallprovide for a city clerk and such other officers andthe appointment and removal of those officers asthe city council shall deem appropriate. The cityshall provide for a chief law enforcement officer ofthe city.(3) The council shall select a mayor pro temporeat its first meeting in each even-numberedyear following municipal elections in odd-numberedyears. (Ord. 380 § 1, 2006)2.20.020 Council meetings.(1) The city council of the city of Electric Cityshall meet twice a month.(2) The city council shall meet on the secondand fourth Tuesdays of each and every month at thehour of 7:00 p.m. When a meeting day is a holiday,the regular meeting shall be held on the next day atthe same hour unless otherwise provided bymotion. The place of meeting shall be the CityHall, unless otherwise provided by motion. (Ord.387 § 1, 2007; Ord. 380 § 2, 2006; Ord. 102 §§ 1,2, 1968)2.20.030 Order of business – Agenda.(1) The business of all regular meetings of thecouncil shall be transacted in the following order,unless the council, by a majority vote of the memberspresent, suspends the rules and changes theorder:(a) Roll call;(b) Approval of minutes;(c) Police report;(d) Other business of the council;(e) Reports;(f) Miscellaneous matters;(g) Approval of vouchers issued;(h) Adjournment.(2) Minutes of preceding meetings and billstendered for payment shall not be read aloud ateach meeting prior to approval, unless a member ofthe council should request such reading.(3) All agenda items and requests to be placedon the agenda for council consideration must besubmitted to the clerk before noon on the Thursdayprior to any council meeting. Items received afterthat date shall be considered at the next followingcouncil meeting. (Ord. 380 § 1, 2006)2.20.040 Introduction of ordinances.All proposed ordinances shall be prepared bythe city staff and shall bear certification by the cityattorney that they are correct as to form. The mayoror the appropriate employee shall state the effect ofeach proposed ordinance in a brief summary of itsprovisions. (Ord. 380 § 1, 2006)2.20.050 Enactment procedure.In all cases, ordinances shall be read by titleonly; provided, that should a member of the councilin attendance at the time the ordinance is read bytitle only request that an entire ordinance or certainof its sections be read, such requests shall begranted. (Ord. 380 § 1, 2006)2.20.060 Effective date of ordinances.All ordinances, except emergency ordinances,shall take effect after their passage and publicationof the ordinance or its summary as required by lawin the city’s official newspaper. Emergency ordinancesshall take effect immediately upon theirpassage. (Ord. 380 § 1, 2006)2.20.070 Numbering of ordinances andresolutions.(1) All ordinances of the city shall be numberedsequentially.(2) All resolutions of the city shall be numberedsequentially.(3) The clerk shall determine the order of adoptionfrom the date of the documents. If two or moreordinances or two or more resolutions wereadopted on the same date, the clerk shall determinethe order of their adoption by reference to the minutes.(Ord. 456 § 1, 2012; Ord. 380 § 1, 2006)2-8

ELECTRIC CITY MUNICIPAL CODE 2.25.0302.20.080 Special meetings.Special meetings may be called by the mayor orany three members of the council. The clerk shallprepare a notice of special session stating time,place, and subject matter. The notice shall beserved personally upon each member of the counciland left at their usual place of residence, at least 12hours before the time of meeting. Notice of suchspecial meeting shall be properly publicized bynews media as specified by law. (Ord. 380 § 1,2006)2.20.090 Robert’s Rules.Robert’s Rules of Order, Revised, shall be theofficial guide and reference of the mayor and councilin the conducting of council meetings insofar asthey relate to procedural matters not otherwise precludedby law. (Ord. 380 § 1, 2006)Chapter 2.25IMPROVEMENT BOARDSections:2.25.010 Created.2.25.020 Duties.2.25.030 Membership.2.25.040 Authority – Citizens’ recourse toboard decisions.2.25.050 Chairman and vice-chairman –Procedural rules.2.25.060 Quorum.2.25.070 Notices of appeal.2.25.010 Created.There is hereby created a board to be known asthe improvement board of the city of Electric City(hereafter, the “board”), consisting of nine membersappointed by the city council to terms of twoyears each. Members may be reappointed for notmore than two additional terms. Vacancies on theboard shall be filled by appointment of the citycouncil. (Ord. 456 § 1, 2012; Ord. 264 § 1, 1988)2.25.020 Duties.The duties of the board shall be as follows:(1) To improve the appearance of the city byideas, suggestions and conciliation with propertyowners and residents and by enforcing in an evenhandedand equitable manner the ordinances pertainingto nuisances, dangerous buildings, weeds,junk vehicles and similar problems;(2) The board is hereby given the authorityassigned to the “city improvement board” pursuantto ECMC 15.10.030 relating to dangerous buildingsand ECMC 8.10.030 relating to abatement ofweeds and vegetation;(3) The board may also make complaints in thename of the city to the police department relative tounauthorized junk motor vehicles or parts thereofon private property, pursuant to Chapter 10.20ECMC. (Ord. 456 § 1, 2012; Ord. 264 § 2, 1988)2.25.030 Membership.Membership on the board shall automatically beterminated for any member who misses four meetingsin a calendar year without such absence beingapproved by the majority of the other members ofthe board. Such approval shall be entered in theminutes of the board at the first following meetingwhen said member is in attendance. A vacancyoccurring under this section shall immediately bereported to the city council so that a replacement2-9

2.25.040 PLANNING COMMISSIONmember may be appointed. (Ord. 456 § 1, 2012;Ord. 264 § 3, 1988)2.25.040 Authority – Citizens’ recourse toboard decisions.The board is to have as much authority as possibleconsistent with state law, subject to the right ofthe citizens affected by the board’s actions to haverecourse to the city council after all proceduresbefore the board are exhausted. The city council,however, shall give substantial weight and considerationto the opinion and actions of the board.(Ord. 456 § 1, 2012; Ord. 264 § 4, 1988)2.25.050 Chairman and vice-chairman –Procedural rules.The board shall choose a chairman and vicechairmanand adopt its own procedural rules. (Ord.264 § 5, 1988)2.25.060 Quorum.A quorum at all meetings of the board shall befive members. Any action taken by the board shallrequire a majority vote of those present. (Ord. 264§ 6, 1988)2.25.070 Notices of appeal.Any notices of appeal or other communicationswith the board may be delivered in care of the cityclerk-treasurer or to the chairman of the improvementboard. (Ord. 456 § 1, 2012; Ord. 264 § 7,1988)Chapter 2.30PLANNING COMMISSIONSections:2.30.010 Created.2.30.020 Terms.2.30.030 Vacancies.2.30.040 Powers – Duties.2.30.050 Quorum.2.30.060 Records – Report to city council.2.30.010 Created.Pursuant to the authority conferred by Chapter35.63 RCW, there is created a city planning commission,consisting of three members, who shall beappointed by the mayor and confirmed by the citycouncil. (Ord. 456 § 1, 2012; Ord. 355 § 1, 2002)2.30.020 Terms.The terms of office for the first membersappointed to such commission shall be from one tothree years, such that said terms shall expire inrotation on the first day of September of each succeedingyear, commencing on September 1, 2003.The terms of the first appointed members shall befixed and designated by the mayor at the time ofsuch appointment. Thereafter, the term of office foreach appointed member shall be three years. (Ord.355 § 2, 2002)2.30.030 Vacancies.Vacancies shall be filled for unexpired terms.Members may be removed after public hearing, bythe mayor, with the approval of the city council, forinefficiency, neglect of duty, or malfeasance inoffice. The members shall be selected withoutrespect to political affiliations and shall serve withoutcompensation. (Ord. 456 § 1, 2012; Ord. 355§ 3, 2002)2.30.040 Powers – Duties.(1) The planning commission shall have all ofthe powers and perform each and all of the dutiesspecified by Chapter 35.63 RCW, together withany other duties or authorities which may be hereafterconferred upon them by the laws of the stateof Washington, the performance of such duties andthe exercise of such authority to be subject to eachand all the limitations expressed in such legislativeenactment or enactments.(2) The city council may refer to the planningcommission, for its research, recommendation, andreport, any ordinance, resolution, or other proposal2-10

ELECTRIC CITY MUNICIPAL CODE 2.35.020relating to any of the matters and subjects referredto in Chapter 35.63 RCW, and the commissionshall promptly report to the city council thereon,making such recommendations and giving suchcounsel as it may deem proper in the premises.(3) All plats or plans of subdivisions of landswithin the city or proposed additions, as well asdedications of streets and alleys, offered to the citycouncil for acceptance shall first be submitted tothe planning commission for its recommendationand report, and such report shall be made to the citycouncil within 30 days after submission, or at suchearlier date as the city council shall direct.(4) The commission shall elect its own chairmanand create and fill such other offices as it maydetermine it requires. The commission shall designateone of its members to act as secretary withoutsalary. (Ord. 456 § 1, 2012; Ord. 355 § 4, 2002)2.30.050 Quorum.A majority of the membership of the planningcommission shall constitute a quorum for the transactionof business. Any action taken by a majorityof those present when those present constitute aquorum, at any regular or special meeting of theplanning commission, shall be deemed and takenas the action of the commission. (Ord. 355 § 5,2002)2.30.060 Records – Report to city council.The planning commission shall keep a writtenrecord of its meetings, resolutions, transactions,findings and determinations, which record shall bea public record. The commission, at or before itsfirst regular meeting in October of each year, shallmake a full report in writing to the city council ofsuch transactions and expenditures, if any, for thepreceding year, with such general recommendationsas to matters covered by its prescribed dutiesand authority as may to it seem proper. (Ord. 456§ 1, 2012; Ord. 355 § 6, 2002)Chapter 2.35HEARING EXAMINERSections:2.35.010 Purpose.2.35.020 Creation of land use hearing examiner.2.35.030 Appointment and term.2.35.040 Qualifications.2.35.050 Compensation.2.35.060 Hearing examiner pro tempore and/ordeputy examiner.2.35.070 Freedom from improper influence.2.35.080 Conflict of interest.2.35.090 Powers.2.35.100 Applications.2.35.110 Application procedure.2.35.120 Appeal procedure.2.35.130 Appeal procedure – Administrativeenforcement.2.35.140 Notice of appeal hearings –Administrative enforcement.2.35.150 Report by planner.2.35.160 Rules.2.35.170 Public hearing.2.35.180 Examiner’s decision.2.35.190 Notice of examiner’s decision.2.35.200 Reconsideration.2.35.210 Appeal of examiner’s decision.2.35.010 Purpose.The purpose of this chapter is to establish a systemof applying land use regulatory controls whichwill best satisfy the following basic needs:(1) To separate the land use regulatory functionfrom the land use planning process;(2) To ensure procedural due process andappearance of fairness in land use regulatory hearings;and(3) To provide an efficient and effective landuse regulatory system which integrates the publichearing and decision-making processes for landuse matters. (Ord. 433 § 1, 2010)2.35.020 Creation of land use hearingexaminer.Pursuant to RCW 35A.63.170, as amended, theoffice of the city of Electric City land use hearingexaminer, hereinafter referred to as “examiner,” ishereby created. The examiner shall interpret,review and implement land use regulations as providedin this chapter or by other ordinance. Unlessthe context requires otherwise, the term “exam-2-11

2.35.030 HEARING EXAMINERiner” as used herein shall include deputy examinersand examiners pro tempore. (Ord. 433 § 1, 2010)2.35.030 Appointment and term.The examiner shall be appointed by the mayorand shall serve at the pleasure of the mayor. (Ord.433 § 1, 2010)2.35.040 Qualifications.Examiners shall be appointed solely with regardto their qualifications for the duties of their officeand will have such training and experience as willqualify them to conduct administrative or quasijudicialhearings on regulatory enactments and todischarge the other functions conferred upon them.Examiners shall hold no other elective or appointedoffice or position in city government. (Ord. 433§ 1, 2010)2.35.050 Compensation.The examiner may be classified as regular, parttimeemployees or the city may contract with theexaminer for the performance of the dutiesdescribed in this chapter. The compensation to bepaid the examiner shall be that established in theannual city budget. (Ord. 433 § 1, 2010)2.35.060 Hearing examiner pro temporeand/or deputy examiner.The examiner pro tempore and/or deputy examinershall, in the event of the absence or the inabilityof the examiner to act, have all the duties andpowers of the examiner. (Ord. 433 § 1, 2010)2.35.070 Freedom from improper influence.No person, including city officials, elective orappointive, or any other person shall attempt toinfluence an examiner in any matter pendingbefore him or her, except at a public hearing dulycalled for such purpose, or to interfere with anexaminer in the performance of his or her duties inany other way; provided, that this section shall notprohibit the city attorney from rendering legal servicesto the examiner upon request. (Ord. 433 § 1,2010)2.35.080 Conflict of interest.No examiner shall conduct or participate in anyhearing, decision or recommendation in which theexaminer has a direct or indirect substantial financialor familiar interest, or in which the examinerhas a direct or indirect personal interest that mightinterfere with his or her decision-making process,or concerning which the examiner has had substantialpre-hearing contacts with proponents or opponents.Any such actual or potential conflict shall bedisclosed to the parties immediately upon discoveryof such conflict and any hearing shall be conductedby a deputy or pro tempore examiner. (Ord.433 § 1, 2010)2.35.090 Powers.(1) The examiner shall receive and examineavailable information, conduct public hearings andprepare a record thereof, and enter written findingsof fact and conclusions of law as provided forherein. The decision of the examiner on the followingmatters shall be final and conclusive unlesssuch decision is appealed pursuant to ECMC19.11.040.(2) The examiner shall be empowered to hearand decide any and all requests for a variance of thecity zoning ordinances, pursuant to the limitationsof RCW 35A.63.110(2).(3) The examiner shall be empowered to hearand decide any and all requests for a conditionaluse permit pursuant to the city zoning ordinances.(4) The examiner shall be empowered to hearand decide all appeals related to an environmentaldetermination pursuant to the city ordinances orrelating to Chapter 43.21C RCW.(5) The examiner shall be empowered to hearand decide any and all subdivisions, plat alterationsand/or vacations, planned developments, rezoneswhich are not of a general applicability and allType III appeals.(6) The examiner shall be empowered to hearand decide any and all appeals of the actions of thezoning code enforcement and building officials ofthe city pursuant to the city zoning ordinances andadministrative enforcement ordinances.(7) Appeals alleging an error in a decision of acity official in the interpretation or the enforcementof the zoning code or any other part of the developmentcode.(8) Appeals alleging an error in a decision of acity official in taking an action on a short subdivisionor binding site plan.(9) The examiner shall be empowered to hearand decide any other matters assigned to the examinerpursuant to this code. (Ord. 433 § 1, 2010)2.35.100 Applications.A complete application shall comply with therequirements of Chapter 19.05 ECMC. (Ord. 465§ 1, 2012; Ord. 433 § 1, 2010)2-12

ELECTRIC CITY MUNICIPAL CODE 2.35.1402.35.110 Application procedure.(1) Applications for all matters to be heard bythe examiner shall be presented to the planner. Theplanner shall process such application as providedin Chapter 19.07 ECMC.(2) The city mayor shall establish an applicationfee that recovers from applicants at least 90percent of the costs of the examiner. (Ord. 465 § 1,2012; Ord. 433 § 1, 2010)2.35.120 Appeal procedure.Administrative appeals, other than those pursuantto ECMC 2.35.130, shall be processed as providedin ECMC 19.11.030. (Ord. 433 § 1, 2010)2.35.130 Appeal procedure – Administrativeenforcement.The procedures in this section apply only toappeals to the hearing examiner pursuant to Chapter1.25 or 19.11 ECMC or any other chapter whichadopts the process of either of those chapters byreference.(1) Written Appeal. Appeals shall be writtenand shall include the following.(a) The date of, the name of the person subjectto and the address of the property or the locationsubject to the notice of violation and order tocorrect or cease activity from which the appeal isbeing taken.(b) The name and mailing address of theperson appealing.(c) A brief statement of the specific actionbeing appealed, together with any material factsclaimed to support the contentions of the appellant.(d) A brief statement of the relief sought andthe reasons why it is claimed the notice of violationand order to correct or cease activity was improperlyissued.(e) The appeal fee established pursuant toECMC 2.35.100.(2) Filing the Appeal. The appellant shall filean appeal with the planner within 10 days after thedate of the decision.(3) Rejection of Appeal. If an appeal is notproperly filed because one or more of the requiredmaterials set forth in this section has not been submittedto the planner within the time limit establishedin this section, the planner has the authorityto reject the appeal. In such instances, the plannershall inform the appellant in writing that the appealhas been rejected and include an explanation of itsdeficiency(ies).(4) Stay of Proceedings. If an appeal is properlyfiled within the time limit, the notice of violationand order to correct or cease activity shall be suspended,and no further enforcement action shall betaken unless the city files for accelerated review ofthe appeal because of an emergency situation. Inthe event a request for accelerated review isreceived, the hearing examiner will conduct a preliminaryhearing to determine the hearing scheduleand to enter any temporary order to protect the generalwelfare of the citizens of the city if deemednecessary.(5) Department Action. If an appeal is properlyfiled within the time limit, the planner shall:(a) Set the hearing on the appeal for a datethat is within 90 days of the date the appeal wasfiled.(b) Give notice of the hearing as specified inECMC 2.35.140.(c) Provide the examiner with the appropriatematerials as set forth in ECMC 2.35.150.(d) The appellant and city attorney shall beprovided copies of any material provided to theexaminer if they have not previously been provided.(Ord. 465 § 1, 2012; Ord. 433 § 1, 2010)2.35.140 Notice of appeal hearings –Administrative enforcement.Appeals of administrative enforcement actionspursuant to ECMC 2.35.130 shall be set for appealhearings before the examiner pursuant to the proceduresof this section and not ECMC 2.35.120.Notice of appeal hearings of administrativeenforcement actions shall be as follows:(1) The hearing before the examiner shall be setwithin 90 days of the filing of the notice of appealunless the examiner, for good cause shown,extends that time for hearing.(2) The planner, or the director’s designee,shall obtain available hearing dates from the examinerand shall set a date for the appeal hearingwithin the time provided herein and shall mail suchnotice of hearing to the address provided by theappellant in the notice of appeal. The notice ofhearing shall be mailed at least 10 days prior to thedate of the hearing.(3) Prior to the hearing date, the planner shallprovide to the examiner copies of the notice of violationand order to correct or cease activity alongwith any report prepared by the enforcement official,the notice of appeal and any other materialssubmitted to the department for use in the appealhearing. Copies of such materials shall be providedto the city attorney and the appellant if they havenot previously been provided as shown in the city’sfile. (Ord. 433 § 1, 2010)2-13

2.35.150 HEARING EXAMINER2.35.150 Report by planner.(1) When an application has been set for publichearing, the planner shall coordinate and assemblethe comments and recommendations of other citydepartments and governmental agencies having aninterest in the subject application and shall preparethe staff report as described in ECMC 19.09.050.(2) When an appeal has been set for publichearing, the planner shall coordinate and assemblethe staff report, minutes if any, the decision, a preliminaryresponse to the appeal and other relevantmaterial. At least seven calendar days prior to thescheduled hearing, those materials shall be filedwith the hearing examiner. The project applicant,appellant, and other interested parties who havemade requests to the planning department shall benotified in writing when these materials are filedand that they may be reviewed and/or copied at theexpense of the persons wishing to do so. (Ord. 433§ 1, 2010)2.35.200 Reconsideration.Any aggrieved person feeling that the decisionof the examiner is based on erroneous procedures,errors of law or fact, error in judgment, or the discoveryof new evidence which could not be reasonablyavailable at the prior hearing, may make awritten request for reconsideration by the examinerwithin 10 days of the date the decision is rendered.This request shall set forth the specific errors ornew information relied upon by such appellant, andthe examiner may, after review of the record, takefurther action as he or she deems proper. (Ord. 433§ 1, 2010)2.35.210 Appeal of examiner’s decision.Any party who feels aggrieved by the examiner’sdecision may submit an appeal as providedin Chapter 19.11 ECMC. (Ord. 433 § 1, 2010)2.35.160 Rules.The examiner shall have the power to prescriberules and regulations for the conduct of hearingsunder this chapter. Such rules may provide for thecross-examination of witnesses, the administrationof oaths, and the preservation of order. (Ord. 433§ 1, 2010)2.35.170 Public hearing.Before rendering a decision or recommendationon any application, the examiner shall hold at leastone open record public hearing thereon.(1) Notice of the time and place of the publichearing shall be given as provided in ECMC19.09.070.(2) The examiner shall have the power to prescriberules and regulations for the conduct of hearingsunder this chapter and also to administer oathsand preserve order. (Ord. 433 § 1, 2010)2.35.180 Examiner’s decision.When the examiner renders a decision it shallcomply with Chapter 19.09 ECMC. (Ord. 433 § 1,2010)2.35.190 Notice of examiner’s decision.Notice of the examiner’s decision shall be providedto parties of record as provided in Chapter19.09 or 19.11 ECMC as appropriate. (Ord. 433§ 1, 2010)2-14

2.45.010 CITY OFFICERSSections:2.45.010 Mayor.Chapter 2.45CITY OFFICERS2.45.010 Mayor.The city shall pay to the mayor each and everymonth the sum of $250.00 as and for full compensationfor services rendered to the city. The mayorshall not be considered an employee of the city foremployee benefit purposes and the mayor shall notbe entitled to participate in the State of WashingtonPublic Employment Retirement System (PERS).(Ord. 422 § 1, 2009)Chapter 2.50INDEMNIFICATIONSections:2.50.010 Indemnification of officials andemployees.2.50.010 Indemnification of officials andemployees.The city of Electric City indemnifies and holdspersonally harmless all of its elected and appointedofficials, employees and agents for any action,claim, or proceeding instituted against said individualarising out of the performance, purportedperformance, or failure of performance, in goodfaith of the duties for, or the employment with, thecity of Electric City. The city of Electric City holdssaid individuals harmless from any expenses connectedwith the defense, settlement, or monetaryjudgments from such actions, claims, or proceedings.The purchase of insurance for this purpose forsaid individuals shall not be considered compensationfor them. (Ord. 458 § 1, 2012)2-16

Title 3REVENUE AND FINANCEChapters:3.05 Sales and Use Tax3.10 Public Utility Tax3.15 Utility Liens Service Charge3.20 Leasehold Excise Tax3.25 Real Estate Excise Tax3.30 Hotel-Motel Tax and Fund3.35 Fire Department Cumulative Reserve Fund3.40 Repealed3.45 Parks Cumulative Reserve Fund3.50 Claims Fund3.55 Repealed3.60 Arterial Street Cumulative Reserve Fund3.65 Water and Sewer Capital Facilities Fund3.70 Repealed3.71 Transfer Station Fund3.72 Transfer Station Post-Closure Reserve Fund3.75 Repealed3.80 Water and Sewer Cumulative Reserve Fund3.85 Fire Department Fund3.90 Severance Trust Fund3.95 Claims Paid Approval3-1

ELECTRIC CITY MUNICIPAL CODE 3.05.070Chapter 3.05SALES AND USE TAXSections:3.05.010 Imposition of tax and statutoryauthority.3.05.020 Rate of tax.3.05.030 Administration and collection.3.05.040 Inspection of records.3.05.050 Execution of contracts.3.05.060 Rate of additional tax.3.05.070 Failure or refusal to collect deemedinfraction.3.05.010 Imposition of tax and statutoryauthority.There is hereby imposed a sales or use tax, as thecase may be, as authorized by RCW 82.14.030,upon every taxable event, as defined in RCW82.14.020, occurring within the city of ElectricCity. The tax shall be imposed upon and collectedfrom those persons from whom the state’s sales oruse tax is collected pursuant to Chapters 82.08 and82.12 RCW. (Ord. 456 § 1, 2012; Ord. 240 § 1,1985; Ord. 117 § 1, 1970)3.05.020 Rate of tax.The rate of a tax imposed under ECMC3.05.010, as authorized by RCW 82.14.030(1),shall be one-half of one percent of the selling priceor value of the article used, as the case may be; provided,however, that during such period as there isin effect a sales or use tax imposed by GrantCounty, the rate of tax imposed by this chaptershall be 425/1,000ths of one percent. (Ord. 240 § 2,1985; Ord. 117 § 2, 1970)3.05.030 Administration and collection.The administration and collection of the taximposed by this chapter shall be in accordance withthe provisions of RCW 82.14.050. (Ord. 364 § 11,2005; Ord. 117 § 3, 1970)such contracts with the state of Washington,Department of Revenue, as may be necessary fromtime to time for the administration of the taximposed by this chapter. (Ord. 456 § 1, 2012; Ord.117 § 5, 1970)3.05.060 Rate of additional tax.The rate of the additional tax imposed underECMC 3.05.010, as authorized by RCW82.14.030(2), shall be five-tenths of one percent ofthe selling price or value of the article used as thecase may be; provided, however, that during suchperiod as there is in effect a sales or use taximposed by Grant County under RCW82.14.030(2) at a rate equal to or greater than therate imposed by this section, the county of Grantshall receive 15 percent of the tax imposed by thissection; provided further, that during such periodas there is in effect a sales or use tax imposed byGrant County under RCW 82.14.030(2) at a ratewhich is less than the rate imposed by this section,the county of Grant shall receive from the taximposed by this section that amount of revenueequal to 15 percent of the rate of the tax imposedby the county of Grant under RCW 82.14.030(2).(Ord. 240 § 3, 1985; Ord. 117 § 7, 1970)3.05.070 Failure or refusal to collect deemedinfraction.Any seller who fails or refuses to collect the taxas required, with the intent to violate the provisionsof this chapter or to gain some advantage or benefit,either direct or indirect, and any buyer whorefuses to pay any tax due under this chapter shallbe guilty of commission of an infraction and shallbe assessed a monetary penalty. No penaltyassessed for infractions under this chapter shallexceed $250.00 for each separate infraction. (Ord.240 § 4, 1985; Ord. 117 § 8, 1970)3.05.040 Inspection of records.The city hereby consents to the inspection ofsuch records as are necessary to qualify the city forinspection of records of the Department of Revenue,pursuant to RCW 82.32.330. (Ord. 456 § 1,2012; Ord. 117 § 4, 1970)3.05.050 Execution of contracts.The city clerk-treasurer of the city of ElectricCity is hereby authorized and directed to execute3-3

3.10.010 PUBLIC UTILITY TAXChapter 3.10PUBLIC UTILITY TAXSections:3.10.010 Electricity tax imposed.3.10.020 Garbage and disposal services taximposed.3.10.030 Sewer and water facilities taximposed.3.10.040 Taxes to be paid into city treasury.3.10.050 Proceeds of taxes to be paid into citycurrent expense fund.3.10.050 Proceeds of taxes to be paid into citycurrent expense fund.The proceeds of said tax shall be paid into thecurrent expense fund of the city to be used as thecouncil of the city may direct. (Ord. 456 § 1, 2012;Ord. 241 § 5, 1985)3.10.010 Electricity tax imposed.From and after August 1, 1985, there is herebylevied on every person, corporation, business orassociation engaged in the operation of any works,plants or facilities for the distribution and sale ofelectricity within the city of Electric City, a tax inthe amount of five percent of the gross revenuesderived from the sale of electricity within the cityof Electric City, exclusive of the revenues derivedfrom the sale of electricity for purposes of resale.(Ord. 456 § 1, 2012; Ord. 241 § 1, 1985)3.10.020 Garbage and disposal services taximposed.From and after August 1, 1985, there is herebylevied on every person, corporation, business orassociation engaged in the operation of garbageand disposal services within the city of ElectricCity a tax in the amount of six percent of the grossrevenues derived from such operations. (Ord. 456§ 1, 2012; Ord. 241 § 2, 1985)3.10.030 Sewer and water facilities taximposed.From and after August 1, 1985, there is herebylevied on every person, corporation, business orassociation engaged in the operation of sewer andwater facilities within the city of Electric City a taxin the amount of six percent of the gross revenuesderived from such operations. (Ord. 456 § 1, 2012;Ord. 241 § 3, 1985)3.10.040 Taxes to be paid into city treasury.The above taxes shall be computed and paid intothe city treasury on or before the last day of themonth, following the month on which said tax isbased. (Ord. 456 § 1, 2012; Ord. 241 § 4, 1985)3-4

ELECTRIC CITY MUNICIPAL CODE 3.20.020Chapter 3.15UTILITY LIENS SERVICE CHARGESections:3.15.010 Utility liens service charge in additionto delinquent utility charges.3.15.010 Utility liens service charge inaddition to delinquent utilitycharges.When it becomes necessary for the city to prepareand file a lien against real estate for delinquentutility charges, a service charge of $50.00 shall bemade against the owner of such real estate to coverthe cost of preparing and filing the lien; and the lienshall not be released until such service charge,together with the delinquent utility charges, is paidin full. (Ord. 456 § 1, 2012; Ord. 193, 1980)Chapter 3.20LEASEHOLD EXCISE TAXSections:3.20.010 Levied.3.20.020 Rate of tax – Credits.3.20.030 Administration and collection.3.20.040 Exempted leasehold interests.3.20.050 Inspection of records.3.20.060 Execution of contract foradministration and collection.3.20.010 Levied.There is hereby levied and shall be collected aleasehold excise tax upon the act or privilege ofoccupying or using publicly owned real or personalproperty within the city of Electric City. The taxshall be paid, collected, and remitted to the Departmentof Revenue of the State of Washington at thetime and in the manner prescribed by RCW82.29A.020. (Ord. 456 § 1, 2012; Ord. 364 § 12,2005; Ord. 242 § 1, 1985)3.20.020 Rate of tax – Credits.The rate of the tax imposed by ECMC 3.20.010shall be four percent of the taxable rent (as definedby Section 2 of the State Act); provided, that thefollowing credits shall be allowed in determiningthe tax payable:(1) With respect to a leasehold interest arisingout of any lease or agreement, the terms of whichwere binding on the lessee prior to July 1, 1970,where such lease or agreement has not been renegotiated(as defined by Section 2 of the State Act)since that date, and excluding from such credit anylease or agreement including options to renewwhich extends to January 1, 1985, as follows:(a) With respect to taxes due in calendaryear 1976, a credit equal to 80 percent of the taxproduced by the above rate;(b) With respect to taxes due in calendaryear 1977, a credit equal to 60 percent of the taxproduced by the above rate;(c) With respect to taxes due in calendaryear 1978, a credit equal to 40 percent of the taxproduced by the above rate;(d) With respect to taxes due in calendaryear 1979, a credit equal to 20 percent of the taxproduced by the above rate.(2) With respect to a product lease (as definedby Section 2 of the State Act), a credit of 33 percentof the tax produced by the above rate. (Ord. 242§ 2, 1985)3-5

3.20.030 REAL ESTATE EXCISE TAX3.20.030 Administration and collection.The administration and collection of the taximposed by this chapter shall be in accordance withthe provisions of the State Act. (Ord. 242 § 3,1985)3.20.040 Exempted leasehold interests.Leasehold interests exempted by Section 13 ofthe State Act as it now exists or may hereafter beamended shall be exempt from the tax imposedpursuant to ECMC 3.20.010. (Ord. 242 § 4, 1985)3.20.050 Inspection of records.The city hereby consents to the inspection ofsuch records as are necessary to qualify the city forinspection of records of the Department of Revenuepursuant to RCW 82.32.330. (Ord. 456 § 1,2012; Ord. 242 § 5, 1985)3.20.060 Execution of contract foradministration and collection.The mayor is authorized to execute a contractwith the Department of Revenue of the state ofWashington for the administration and collectionof the tax imposed by ECMC 3.20.010; provided,that the city attorney shall first approve the formand content of said contract. (Ord. 456 § 1, 2012;Ord. 242 § 6, 1985)Chapter 3.25REAL ESTATE EXCISE TAXSections:3.25.010 Imposition of real estate excise tax.3.25.020 Taxable events.3.25.030 Consistency with state tax.3.25.040 Distribution of tax proceeds andlimiting the use thereof.3.25.050 Seller’s obligation.3.25.060 Lien provisions.3.25.070 Notation of payment.3.25.080 Date payable.3.25.090 Excessive and improper payments.3.25.100 Additional real estate excise tax.3.25.110 Severability.3.25.010 Imposition of real estate excise tax.There is hereby imposed a tax of one-quarter ofone percent of the selling price on each sale of realproperty within the corporate limits of this city.(Ord. 408 § 1, 2008)3.25.020 Taxable events.Taxes imposed herein shall be collected frompersons who are taxable by the state under Chapter82.45 RCW and Chapter 458-61 WAC upon theoccurrence of any taxable event within the corporatelimits of the city. (Ord. 408 § 1, 2008)3.25.030 Consistency with state tax.The taxes imposed herein shall comply with allapplicable rules, regulations, laws and court decisionsregarding real estate excise taxes as imposedby the state under Chapter 82.45 RCW and Chapter458-61 WAC. The provisions of those chapters, tothe extent they are not inconsistent with this chapter,shall apply as though fully set forth herein.(Ord. 408 § 1, 2008)3.25.040 Distribution of tax proceeds andlimiting the use thereof.(1) The county treasurer shall place one percentof the proceeds of the taxes imposed herein in thecounty current expense fund to defray costs of collection.(2) The remaining proceeds from city taxesimposed herein shall be distributed to the citymonthly and those taxes imposed under ECMC3.25.010 shall be placed by the city treasurer in amunicipal capital improvements fund. This capitalimprovements fund shall be used by the city forany capital purpose identified in a capital improve-3-6

ELECTRIC CITY MUNICIPAL CODE 3.25.110ments plan and local capital improvements, includingthose listed in RCW 35.43.040.(3) This section shall not limit the existingauthority of this city to impose special assessmentson property specially benefited thereby in the mannerprescribed by law. (Ord. 408 § 1, 2008)3.25.050 Seller’s obligation.The taxes imposed herein are the obligation ofthe seller and may be enforced through the actionof debt against the seller or in the manner prescribedfor the foreclosure of mortgages. (Ord. 408§ 1, 2008)3.25.060 Lien provisions.The taxes imposed herein and any interest orpenalties thereon are the specific lien upon eachpiece of real property sold from the time of sale oruntil the tax is paid, which lien may be enforced inthe manner prescribed for the foreclosure of mortgages.Resort to one course of enforcement is notan election not to pursue the other. (Ord. 408 § 1,2008)3.25.070 Notation of payment.The taxes imposed herein shall be paid to andcollected by the treasurer of the county withinwhich is located the real property which was sold.The county treasurer shall act as agent for the citywithin the county imposing the tax. The countytreasurer shall cause a stamp evidencing satisfactionof the lien to be affixed to the instrument ofsale or conveyance prior to its recording or to thereal estate excise tax affidavit in the case of usedmobile home sales. A receipt issued by the countytreasurer for the payment of the tax imposed hereinshall be evidence of the satisfaction of the lienimposed in ECMC 3.25.060 and may be recordedin the manner prescribed for recording satisfactionsor mortgages. No instrument of sale or conveyanceevidencing a sale subject to the tax may beaccepted by the county auditor for filing or recordinguntil the tax is paid and the stamp affixedthereto; in case the tax is not due on the transfer, theinstrument shall not be accepted until suitable notationof this fact is made on the instrument by thecounty treasurer. (Ord. 408 § 1, 2008)the time of sale until the date of payment. (Ord. 408§ 1, 2008)3.25.090 Excessive and improper payments.If, upon written application by a taxpayer to thecounty treasurer for a refund, it appears a tax hasbeen paid in excess of the amount actually due orupon a sale or other transfer declared to be exempt,such excess amount or improper payment shall berefunded by the county treasurer to the taxpayer;provided, that no refund shall be made unless thestate has first authorized the refund of an excessiveamount or an improper amount paid, unless suchimproper amount was paid as a result of a miscalculation.Any refund made shall be withheld fromthe next monthly distribution to the city. (Ord. 408§ 1, 2008)3.25.100 Additional real estate excise tax.In accordance with RCW 82.46.035, and inaddition to the excise tax on the sale of real propertyimposed by ECMC 3.25010 through 3.25.090,there is hereby imposed an excise tax on each saleof real property located within the corporate limitsof the city at the rate of one quarter of one percentof the selling price to be collected by the county asprescribed in RCW 82.46.060. Proceeds from thisadditional tax shall be deposited in a separateaccount in the municipal capital improvementsfund and expended as authorized by law underRCW 82.46.035(5). (Ord. 408 § 1, 2008)3.25.110 Severability.If any provision of this chapter or its applicationto any person or circumstance is held invalid, theremainder of the chapter or the application of theprovision to other persons or circumstances is notaffected. (Ord. 408 § 1, 2008)3.25.080 Date payable.The tax imposed hereunder shall become dueand payable immediately at the time of sale and, ifnot so paid within 30 days thereafter, shall bearinterest at the rate of one percent per month from3-7

3.30.010 HOTEL-MOTEL TAX AND FUNDSections:Chapter 3.30HOTEL-MOTEL TAX AND FUNDArticle I. Hotel-Motel Tax3.30.010 Levied.3.30.020 Transient defined.3.30.030 Collection authority – Remittance.3.30.040 Tax revenue use.Article II. Hotel-Motel Tax Fund3.30.050 Created.3.30.060 Authorization of expenditures.3.30.070 Adoption of RCW amendments.3.30.080 Violation – Penalty.Article I. Hotel-Motel Tax**Code reviser’s note: Ordinance No. 372 takes effect onApril 1, 2006.3.30.010 Levied.From and after April 1, 2006, there is herebylevied upon every charge made for lodging by ahotel, rooming house, tourist court, motel, trailercamp or other place of transient lodging a tax offour percent on the charge made, collected by theowner and operator of such lodging establishment,and remitted as a part of the regular sales tax collectedand paid to the state of Washington. (Ord.372 § 1, 2005)3.30.020 Transient defined.For the purposes of this chapter, a “transient” isdefined as any person or persons seeking andobtaining lodging for a period of less than one fullmonth. (Ord. 372 § 2, 2005)3.30.030 Collection authority – Remittance.Pursuant to RCW 67.28.190 and 67.28.200 theState of Washington Department of Revenue shallserve as the collector of said tax, which shall beincluded within and not as an addition to the regularsales tax of the state of Washington, and saidDepartment of Revenue shall remit the four percenttax, or such amount as may hereafter be providedby ordinance, to the city of Electric City. (Ord. 456§ 1, 2012; Ord. 372 § 3, 2005)3.30.040 Tax revenue use.The revenue from the aforesaid tax shall be usedfor the construction of performing arts center facilities,visual arts center facilities, stadiums, conventioncenters, or for tourist promotion within themeaning of RCW 35.21.700. Said tourist promotion,pursuant to RCW 67.28.210, may consist ofadvertising, publicizing or otherwise distributinginformation for the purpose of attracting visitorsand encouraging tourist expansion in the city ofElectric City or the areas adjacent to the city ofElectric City which bear upon its economic condition.(Ord. 456 § 1, 2012; Ord. 372 § 4, 2005)Article II. Hotel-Motel Tax Fund3.30.050 Created.There is hereby created a hotel-motel tax fundfor the creation of a special revenue fund for alltaxes levied and collected under RCW 67.28.180and according to Article I of this chapter all taxescollected shall be placed in this special fund. (Ord.302, 1993)3.30.060 Authorization of expenditures.All expenditures from this fund shall be authorizedby the city council at such times and in suchportions as the mayor and city council shall determineand paid from this special fund according toECMC 3.30.040 (RCW 67.28.210). (Ord. 456 § 1,2012; Ord. 302, 1993)3.30.070 Adoption of RCW amendments.All subsequent RCW amendments thereto arehereby adopted as the definitions for the taxes leviedand expenditure purposes by the city of ElectricCity. (Ord. 456 § 1, 2012; Ord. 302, 1993)3.30.080 Violation – Penalty.It is unlawful for any person, firm, or corporationto violate or fail to comply with any of the provisionsof this chapter, or any lawful rule orregulation adopted pursuant thereto. Failure tocomply with any provision of this chapter shallsubject the violator to the following penalties asthey are defined in Chapter 1.15 ECMC:ViolationFailure to pay or report lodging tax(ECMC 3.30.010)PenaltyC-1(Ord. 407 § 1, 2008; Ord. 364 § 13, 2005; Ord.302, 1993)3-8

ELECTRIC CITY MUNICIPAL CODE 3.35.010Chapter 3.35FIRE DEPARTMENT CUMULATIVERESERVE FUNDSections:3.35.010 Created.Chapter 3.40STREET IMPROVEMENT FUND(Repealed by Ord. 423)3.35.010 Created.A cumulative reserve fund is hereby created forthe future purchase of such fire equipment as thecity may need. (Ord. 456 § 1, 2012; Ord. 139,1972)3-9

3.45.010 PARKS CUMULATIVE RESERVE FUNDChapter 3.45PARKS CUMULATIVE RESERVE FUNDSections:3.45.010 Created.3.45.010 Created.A cumulative reserve fund is hereby created forpark purposes. (Ord. 160, 1975)Chapter 3.50CLAIMS FUNDSections:3.50.010 Established.3.50.020 Payments – Warrants.3.50.010 Established.A claims fund is hereby established for the cityof Electric City, under the authority of RCW35.21.085. (Ord. 456 § 1, 2012; Ord. 204, 1980)3.50.020 Payments – Warrants.The fund shall be designated as the “claimsfund” into which monies may be paid from time totime from any funds which are available and uponwhich warrants may be issued and paid in paymentof claims against the city for any purpose. Theaccounts of the city shall be so kept that they showthe department, date and the respective amountsfor which the warrant is issued and paid. (Ord. 456§ 1, 2012; Ord. 204, 1980)3-10

ELECTRIC CITY MUNICIPAL CODE 3.60.040Chapter 3.55CURRENT EXPENSE CUMULATIVERESERVE FUND(Repealed by Ord. 423)Chapter 3.60ARTERIAL STREET CUMULATIVERESERVE FUNDSections:3.60.010 Created.3.60.020 Revenues budgeted annually.3.60.030 Accumulation of revenue – Interest.3.60.040 Authorization of expenditures.3.60.010 Created.There is hereby created an arterial street cumulativereserve fund for the creation of a revenue stabilizationfund for future purposes as determinedby council. (Ord. 305 § 1, 1993)3.60.020 Revenues budgeted annually.Revenue for this fund shall be budgeted annuallyfrom the arterial street fund. (Ord. 305 § 2,1993)3.60.030 Accumulation of revenue – Interest.Revenue in said fund may be allowed to accumulatefrom year to year. All interest earned oninvestments shall be placed in this reserve fund.(Ord. 305 § 3, 1993)3.60.040 Authorization of expenditures.All expenditures from this cumulative reservefund shall be authorized by the city council at suchtimes and in such portions as the city council andmayor shall determine. Transfers will be made tothe arterial street fund for expenditure purposes.(Ord. 456 § 1, 2012; Ord. 305 § 4, 1993)3-11

3.65.010 WATER AND SEWER CAPITAL FACILITIES FUNDChapter 3.65WATER AND SEWER CAPITALFACILITIES FUNDSections:3.65.010 Created.3.65.020 Revenues budgeted annually.3.65.030 Accumulation of revenue – Interest.3.65.040 Authorization of expenditures.Chapter 3.70GARBAGE CUMULATIVE RESERVE FUND(Repealed by Ord. 423)3.65.010 Created.There is hereby created a water and sewer capitalfacilities fund for the creation of a revenue stabilizationfund for future purposes as determinedby council. (Ord. 306 § 1, 1993)3.65.020 Revenues budgeted annually.Revenue for this fund shall be budgeted annuallyfrom the water and sewer fund. (Ord. 306 § 2,1993)3.65.030 Accumulation of revenue – Interest.Revenue in said fund may be allowed to accumulatefrom year to year. All interest earned oninvestments shall be placed in this capital facilitiesfund. (Ord. 306 § 3, 1993)3.65.040 Authorization of expenditures.All expenditures from this capital facilities fundshall be authorized by the city council at such timesand in such portions as the city council and mayorshall determine. Transfers will be made to thewater and sewer fund for expenditure purposes.(Ord. 456 § 1, 2012; Ord. 306 § 4, 1993)3-12

ELECTRIC CITY MUNICIPAL CODE 3.72.030Chapter 3.71TRANSFER STATION FUNDSections:3.71.010 Creation.3.71.020 Source of moneys.3.71.030 Expenditures.3.71.010 Creation.There is established a fund designated as the“Delano Transfer Station fund.” (Ord. 452 § 1,2012)3.71.020 Source of moneys.The Delano Transfer Station fund shall befunded by moneys received pursuant to the currentinterlocal cooperative agreement between the citiesof Grand Coulee and Electric City and thetowns of Coulee Dam and Elmer City, Washington,for management of solid waste as now or hereafteramended. (Ord. 452 § 1, 2012)3.71.030 Expenditures.The Delano Transfer Station fund shall be usedfor the following purposes:(1) To pay costs related to the operation andmaintenance of the transfer station.(2) Any other transfer station purpose.(3) Any other lawful public purpose. (Ord. 452§ 1, 2012)Chapter 3.72TRANSFER STATION POST-CLOSURERESERVE FUNDSections:3.72.010 Creation.3.72.020 Source of moneys.3.72.030 Expenditures.3.72.010 Creation.There is established a reserve fund designated asthe “Delano Transfer Station post-closure reservefund.” (Ord. 453 § 1, 2012)3.72.020 Source of moneys.The Delano Transfer Station post-closure fundshall be funded by moneys received pursuant to thecurrent interlocal cooperative agreement betweenthe cities of Grand Coulee and Electric City and thetowns of Coulee Dam and Elmer City, Washington,for management of solid waste as now or hereafteramended. (Ord. 453 § 1, 2012)3.72.030 Expenditures.The Delano Transfer Station post-closurereserve fund shall be used for the following purposes:(1) To pay transfer station closure costs.(2) Any other transfer station purpose.(3) Any other lawful public purpose. (Ord. 453§ 1, 2012)3-13

3.80.010 STREET CUMULATIVE RESERVE FUNDChapter 3.75STREET CUMULATIVE RESERVE FUND(Repealed by Ord. 423)Chapter 3.80WATER AND SEWER CUMULATIVERESERVE FUNDSections:3.80.010 Created.3.80.020 Revenues budgeted annually.3.80.030 Accumulation of revenue – Interest.3.80.040 Authorization of expenditures.3.80.010 Created.There is hereby created a water and sewer cumulativereserve fund for the creation of a revenue stabilizationfund for future purposes as determinedby council. (Ord. 309 § 1, 1993)3.80.020 Revenues budgeted annually.Revenues for this fund shall be budgeted annuallyfrom the water and sewer fund. (Ord. 309 § 2,1993)3.80.030 Accumulation of revenue – Interest.Revenue in said fund may be allowed to accumulatefrom year to year. All interest earned oninvestments shall be placed in this reserve fund.(Ord. 309 § 3, 1993)3.80.040 Authorization of expenditures.All expenditures from this cumulative reservefund shall be authorized by the city council at suchtime and in such portions as the city council andmayor shall determine. Transfers will be made tothe water and sewer fund for expenditure purposes.(Ord. 456 § 1, 2012; Ord. 309 § 4, 1993)3-14

ELECTRIC CITY MUNICIPAL CODE 3.90.040Chapter 3.85FIRE DEPARTMENT FUNDSections:3.85.010 Created.3.85.020 Source of revenues.3.85.030 Accumulation of revenue – Interest.3.85.040 Authorization of expenditures.3.85.010 Created.There is hereby created a fire department fundfor the creation of a revenue stabilization fund forfuture purposes as determined by council. (Ord.340 § 1, 1998)3.85.020 Source of revenues.Revenues for this fund shall be derived from servicesprovided by the fire department. (Ord. 340§ 2, 1998)3.85.030 Accumulation of revenue – Interest.Revenue in said fund may be allowed to accumulatefrom year to year. All interest earned oninvestments shall be placed in this fund. (Ord. 340§ 3, 1998)3.85.040 Authorization of expenditures.All expenditures from this fund shall be authorizedby the city council at such times and in suchportions as the city council and mayor shall determine.(Ord. 456 § 1, 2012; Ord. 340 § 4, 1998)Chapter 3.90SEVERANCE TRUST FUNDSections:3.90.010 Created.3.90.020 Revenues budgeted annually.3.90.030 Accumulation of revenue – Interest.3.90.040 Authorization of expenditures.3.90.010 Created.There is hereby created a severance trust fundfor the creation of a revenue stabilization trust fundfor future severance benefits. (Ord. 341 § 1, 1998)3.90.020 Revenues budgeted annually.Revenues for this trust fund shall be budgetedannually from various city funds. (Ord. 456 § 1,2012; Ord. 341 § 2, 1998)3.90.030 Accumulation of revenue – Interest.Revenue in said trust fund may be allowed toaccumulate from year to year. All interest earnedon investments shall be placed in this trust fund.(Ord. 341 § 3, 1998)3.90.040 Authorization of expenditures.All expenditures from this trust fund shall beauthorized at such times when severance benefitsshall become payable. (Ord. 341 § 4, 1998)3-15

3.95.010 CLAIMS PAID APPROVALChapter 3.95CLAIMS PAID APPROVALSections:3.95.010 Authority.3.95.020 Issuance of checks and warrantsbefore claim approval.3.95.030 Procedure established.3.95.040 Internal control/policy.the following claims may be paid, prior to councilapproval:(a) Payroll, employee benefits, withholdingsand deductions.(b) Postage, office supplies, and consumablesnot to exceed $2,000.(c) Payment of utility billings.(d) Recurring contract obligations forexpenditures contained within the approved budgetof the city. (Ord. 424 § 1, 2009)3.95.010 Authority.RCW 42.24.180, as now enacted or hereafteramended, provides the city may establish a processfor the issuance of checks and warrants in paymentof claims prior to approval of the claims by the citycouncil. (Ord. 424 § 1, 2009)3.95.020 Issuance of checks and warrantsbefore claim approval.Checks and warrants are authorized to be issuedin payment of claims prior to the council approvingthe claims, according to law and subject to the processand procedures set forth in this chapter and theinternal controls adopted by council. (Ord. 424 § 1,2009)3.95.030 Procedure established.(1) The council shall review the documentationsupporting claims paid and shall approve or disapproveof all such checks and warrants issued inpayment of claims paid at its next regularly scheduledmeeting following the issuance of the checksand warrants for all checks and warrants issuedprior to said meeting.(2) If the council should disapprove any claimspaid, the mayor and city clerk shall recognize asreceivable the disapproved claims paid and shalldiligently pursue collection until said sums are collectedor the council is satisfied and approves theclaims.(3) The mayor and city clerk shall furnish anofficial bond of not less than $50,000, or the mayorand city clerk may provide faithful performancecoverage through the city’s insurer with limits of atleast $50,000. (Ord. 424 § 1, 2009)3.95.040 Internal control/policy.(1) The city clerk shall develop a written internalcontrol policy to be approved by the city councilto ensure the greatest possible protection to thecity in the matters subject to this chapter.(2) Until otherwise directed by the councilthrough ordinance, resolution or policy approval,3-16

Title 4(Reserved)4-1

Title 5BUSINESS LICENSES AND REGULATIONSChapters:5.05 Business Licenses5.10 Gambling Tax5.15 Telephone Business and Occupation Tax5.20 Amusement Devices5-1

ELECTRIC CITY MUNICIPAL CODE 5.05.010Chapter 5.05BUSINESS LICENSESSections:5.05.010 Definitions.5.05.020 Purpose.5.05.030 License required – Fees.5.05.040 Procedure for obtaining a license.5.05.050 Specific requirements.5.05.060 Investigation of businesses and/orpersons.5.05.070 License denial.5.05.080 Enforcement.5.05.090 Grievance procedure.5.05.100 Violation – Penalty.5.05.110 Revocation.5.05.010 Definitions.The following terms, when used in this chapter,shall have the meanings designated below:(1) “Person” means all individuals, partnerships,domestic and foreign corporations, associations,syndicates, joint ventures and societiestransacting and carrying on any business in the cityof Electric City.(2) “Business” means all activities, pursuits,professions, trades, occupations, shops and all andevery kind of calling carried on for the purpose ofgain, benefit or advantage, directly or indirectly, toany person or business, but not including, however,the following:(a) Suppliers who do not have a place ofbusiness in the city and are engaged solely inwholesale selling to licensed retailers;(b) Subcontractor doing work for a licensedcontractor who holds a valid city business license;(c) Any person transacting and carrying onany business which is exempt from a license fee byvirtue of the Constitution of the United States, theConstitution of the State of Washington, or thelaws of the United States or the state of Washington.Burden of proof is on the applicant;(d) Vendors in a temporary bazaar or communityaffair for which a master license has beengiven to the sponsor thereof;(e) Rental of real property excluding multiresidentialhousing units;(f) Any business which is owned and operatedby a person under the age of 18 or over the ageof 70, and which does not generate a gross incomeof more than $1,000 per year. Burden of proof is onthe applicant;(g) Residential yard sales not to exceedthree per year or extend over nine cumulative daysper year;(h) Farmers or gardeners selling their ownunprocessed farm produce grown exclusively uponlands owned or occupied by them;(i) Charitable, religious or nonprofit organizationsor corporations which have received taxexemptstatus under the Internal Revenue CodeSection 501C(3), 26 USC 501C(3), as adopted oras hereafter amended. Any person claiming anexemption shall file with the city clerk-treasurer acopy of the tax exemption status granted by theInternal Revenue Service. The clerk-treasurer shallmaintain a list of all organizations who haveclaimed exemption. Organizations, as defined,when sponsoring a temporary bazaar or communityaffair master license shall complete in full anapplication for said license as outlined in ECMC5.05.050(4).(3) “Temporary business” means to conductbusiness for a cumulative period of less than 30days per calendar year. For additional specificrequirements refer to ECMC 5.05.050(1).(4) “Itinerant merchants” means to conductbusiness out of a hotel/motel unit, vehicle, truck,trailer, other mobile unit or from a building, structure,or leasehold improvement which is not taxedas part of the real property on which the business islocated. For additional specific requirements referto ECMC 5.05.050(2).(5) “Reciprocal business” means any businesspermanently located by way of a store front, officespace or approved home occupation, and reportingsaid sales tax within the corporate city/town limitsof Grand Coulee, Coulee Dam, Electric City orElmer City and serving some, one or all of the fourcommunities as one. For additional specificrequirements refer to ECMC 5.05.050(3).(6) “Multiresidential” means three or more residentialhousing units whether connected or not.(7) “Temporary bazaar or community affairmaster license” means when more than one businessis licensed under one temporary businesslicense and all businesses listed on the masterlicense are located adjacent to one another for thepurpose of a temporary community function. Foradditional specific requirements refer to ECMC5.05.050(4).(8) “Transportation passenger service” meansand includes every motor vehicle used for thetransportation of passengers and shall includemotor vehicles of every type of operation, includingbut not limited to, taxi, shuttle, limousine, cab-5-3

5.05.020 BUSINESS LICENSESulance, aeroporter, or any other type of operation.For additional specific requirements refer toECMC 5.05.050(5).(9) “Exempt business” means a business thatqualifies as defined by ECMC 5.05.010(2)(a)through (i) or an exemption under this chapter. Foradditional specific requirements refer to ECMC5.05.050(6). (Ord. 456 § 1, 2012; Ord. 325 § 1,1996)5.05.020 Purpose.(1) To provide revenue for municipal planningpurposes and to provide revenue to pay for the necessaryexpense required to issue the license for andto regulate the businesses licensed.(2) The license fees levied by this chapter shallbe independent and separate from any license orpermit fees now or hereafter required of any personto engage in any business by any ordinance of thecity, regulating any business herein required to belicensed, and all such businesses shall remain subjectto the regulatory provisions of any such ordinancesor ordinance now or hereafter in effect, andthe persons engaged in all such businesses shall beliable for the payment of any license fees for whichprovision has been made herein.(3) The levy or collection of a license fee uponany business shall not be construed to be a licenseor permit of the city to the person engaged thereinto engage therein, in the event such business shallbe unlawful, illegal, or prohibited by ordinance ofthe city or the laws of the state or the United States.(4) All persons, firms and corporations whoperform labor, services and construction within thecity (as provided in Rule II, WAC 458-20-145)shall report the city “Location Code Number” inthe city where the work is performed on theirexcise tax returns to the State of WashingtonDepartment of Revenue. On any violation hereofthe amount of local sales and use taxes due the cityshall be paid to the city by the violator, togetherwith a penalty of 100 percent in addition to all otherpenalties, fines and remedies in this chapter. (Ord.456 § 1, 2012; Ord. 325 § 2, 1996)5.05.030 License required – Fees.(1) No person shall engage in business in thecity without first having applied, paid and obtainedthe applicable license therefor, for the current year,as provided herein, and without having first compliedwith any and all applicable laws of the stateof Washington, federal government and provisionsof this chapter or other ordinances of the city.(2) Each person engaged in business in the cityshall pay a nonrefundable license application fee asset by the city council by resolution.(3) The license fee herein required shall be dueand payable on March 1st of any given year andshall be delinquent on and after the following May1st. There shall be assessed a delinquent fee as prescribedby the city council on May 1st and at thebeginning of each subsequent month.(4) License fees for any person beginning a newbusiness within the city after March 1st in any yearshall be due and payable upon such person applyingto engage in business and shall be delinquent ifnot paid within 10 days thereafter. Delinquent feesshall apply.(5) After November 1st of any year, any personsapplying for a new business license shall pay50 percent of the annual fee for the remainder ofthe license year.(6) A licensee shall have the right to change thelocation of the licensed business within the samecity. Prior to such a change, the licensee shallnotify the city clerk-treasurer, in writing, and shallpay the administrative transfer fee as set by the citycouncil by resolution. All other applicable ordinancesshall be complied with before issuance of atransfer.(7) Each branch establishment or separate locationof a business conducted by any person shall,for the purpose hereof, be a separate business andsubject to a separate license.(8) If more than one business is located withinthe same building the owner shall be required tocomplete a business license application and beassessed one license application fee. If multiplebusinesses are located within the same buildingand owned by more than one owner, each businessowner shall be required to complete a businesslicense application and be assessed a separatelicense application fee.(9) If any person be engaged in operating orcarrying on in the city more than one business thensuch person shall pay the license fee herein prescribedfor as many of said businesses as are carriedon by such person.(10) All applicable business license fees andpenalties due and payable to the city may be submittedto a collection agency acting on behalf ofthe city upon 120 days of delinquency.(11) If payment is made by draft or check, thelicense fee shall not be deemed paid unless thecheck or draft is duly honored in the usual courseof business, nor shall acceptance of any such checkor draft by the city be an acquittance or discharge5-4

ELECTRIC CITY MUNICIPAL CODE 5.05.050of any fee unless and until the check or draft is honored.(Ord. 456 § 1, 2012; Ord. 325 § 3, 1996)5.05.040 Procedure for obtaining a license.(1) No business license shall be issued orrenewed except upon written application made tothe city clerk-treasurer. If, in the opinion of the cityclerk-treasurer, there exists any question regardingthe approval of an application, said applicationshall be submitted to the chief of police and/or consideredby the city council at its next regularlyscheduled meeting.(2) The application for a business license shallcontain the information as required on a city businesslicense application. Each application shall besigned by the business owner or the businessowner’s registered agent and shall state the natureof the business, address and telephone number andthe names and addresses of all owners of the business,and such other information as may berequired by the city. All applications shall be completedin full.(3) No license issued to do business within thelimits of the city shall be transferable. Only theindividuals to whom the license is issued shall beeligible to operate on that license. If multiple personsare listed on a license each person may beinvestigated individually, separate investigationfees may apply.(4) All persons operating on or doing businessunder a license of the city shall, at all times, keepsuch license either on their person or properly displayedwhile operating within the city limits.(5) No person shall be issued a business licenseif the laws and regulations of the state of Washingtonor the United States government require suchperson to have a license or permit under state orfederal law or regulation and such person does notpossess such state or federal license or permit.(6) The city clerk-treasurer or designee isauthorized but not required to mail business licenseapplications. Failure of the business to receive sucha form shall not excuse the business from complyingwith all requirements of this chapter. (Ord. 456§ 1, 2012; Ord. 325 § 4, 1996)5.05.050 Specific requirements.(1) Temporary Business.(a) No temporary business shall expose forsale, deliver, or sell any goods or services or offerto take orders for sale or delivery without first procuringa business license under this chapter.(b) All temporary businesses shall complywith applicable requirements as an itinerant business.(2) Itinerant Business.(a) No itinerant merchant shall expose forsale, deliver, or sell any goods or services or offerto take orders for sale or delivery without first procuringa business license under this chapter.(b) No itinerant merchant shall use anydevice to attract attention to his wares or shallshout or call his wares in such a manner that can beheard 50 feet from the noise source.(c) All conveyances and receptacles used byitinerant merchants to carry foodstuffs or other ediblesshall be kept in a clean and sanitary condition,and all foodstuffs and other edibles shall be protectedfrom dirt, dust, insects and other contaminations.A receptacle of adequate size shall beprovided on the premises for the deposit of wasteand refuse.(d) All itinerant merchants shall providewritten proof from the department of health that allhealth department requirements are met.(e) Itinerant merchants shall submit a drawingand/or detailed narrative describing any structureto be placed on property in connection with thebusiness.(f) No itinerant merchant shall stand orallow his vehicle to stand upon any public way atany time, and any itinerant merchant must exhibitto the city written permission from the propertyowner on which the itinerant merchant will locatehis booth, stand, or vehicles, as a condition precedentto the issuance of a permit under this chapter.(g) Every itinerant merchant issued a permitunder this chapter shall comply with all laws, rulesand regulations, federal, state or local.(h) All itinerant employees shall be listed onthe business license application and shall be subjectto investigation.(i) The activities of the business shall not inany way impair or impede the flow of pedestrianand/or vehicle traffic in the area.(3) Reciprocal Business.(a) No reciprocal business shall conductbusiness without first procuring a business licenseunder this chapter.(b) Business licenses shall be mutually andreciprocally honored in the city of Electric Citywith respect to established businesses as defined inECMC 5.05.010(5).(c) Businesses that do not comply with thedefinition of “reciprocal business” are required to5-5

5.05.060 BUSINESS LICENSESsecure a license to conduct business in eachcity/town separately.(d) A person seeking to conduct business asa reciprocal business shall present their approvedbusiness license to the city/town clerk-treasurer ofeach community. The city/town clerk-treasurermay contact the city/town sponsoring the businesslicense to discuss the validity of said license. If thebusiness license does qualify, the city/town clerktreasurershall endorse the business license by signatureas such.(e) If a business license does not qualify asa reciprocal business, the city/town clerk-treasurershall notify the same to the person or business andto the chief of police.(f) The city/town clerk-treasurer shall maintaina record of each reciprocal business license forpublic inspection.(4) Temporary Bazaar or Community AffairMaster License.(a) No temporary bazaar or communityaffair shall allow any business to be conductedwithout first applying for a business license underthis chapter.(b) All temporary bazaar or communityaffair master license applicants shall complete abusiness application as prescribed by the city.(c) If applicable, all businesses to be coveredunder a temporary bazaar or community affairmaster license shall be listed on the businesslicense application and shall report all sales tax tothe city on their excise tax returns to the State ofWashington Department of Revenue. On any violationhereof the amount of local sales and usetaxes due the city shall be paid to the city by theviolator, together with a penalty of 100 percent inaddition to all other penalties, fines and remedies inthis chapter.(5) Transportation Passenger Services. Before aperson operates a transportation passenger servicehe/she shall provide proof of general liability insurancefor bodily injury and property damage with aminimum of $300,000. Each policy required hereinshall be filed with the city clerk-treasurer annually,and kept in full force and effect.(6) Exempt Business. All exempt businessesare required to complete and file with the cityclerk-treasurer a license exemption application.(Ord. 456 § 1, 2012; Ord. 364 § 14, 2005; Ord.346, 2000; Ord. 325 § 5, 1996)5.05.060 Investigation of businesses and/orpersons.(1) City officials shall have the authority toinvestigate and examine all places of business orpersons licensed or subject to license under thischapter at any reasonable business hour pursuant tothe consent of the rightful occupant or pursuant toa warrant.(2) Prior to the issuance of a new businesslicense, a submitted application shall be reviewedby, and a proposed business location and buildingthereto inspected and approved by, the fire chief,building official, police chief and when applicablethe county health department. The business licenseshall be issued only if the location and building arein compliance with building codes, fire codes, andzoning regulations of the city as those codes andregulations relate to existing and/or new structures.(3) Within five business days after receipt ofany new applications, the city police departmentshall investigate the statements contained thereinand make a recommendation to the city clerk-treasurerto grant or deny the license, or to require furtherinformation from the applicant. All newitinerant business license applications shall beinvestigated. Applicable fees will be collected asprescribed by resolution of the city council. Anychanges on a renewal application shall requireinvestigation. (Ord. 456 § 1, 2012; Ord. 364 § 15,2005; Ord. 325 § 6, 1996)5.05.070 License denial.(1) Any person making false or misleadingstatements on an application, or convicted of a felonyrelated to the area of licensure under WashingtonState law (RCW 9.96A.010) within the last 10years, shall be denied a business license by the cityof Electric City.(2) Denial shall be subject to appeal by theapplicant to the city council as provided in thischapter. (Ord. 456 § 1, 2012; Ord. 364 § 16, 2005;Ord. 325 § 7, 1996)5.05.080 Enforcement.(1) It shall be the duty of the chief of police, ora designee, of the city to require any person to producea business license and to enforce the provisionsof this chapter against any person found to beviolating the same.(2) The chief of police, or a designee, shallreport to the city clerk-treasurer all violations ofthis chapter and the city clerk-treasurer shall maintaina record of each license issued and record the5-6

ELECTRIC CITY MUNICIPAL CODE 5.05.110reports of violations therein. (Ord. 456 § 1, 2012;Ord. 325 § 8, 1996)5.05.090 Grievance procedure.If the city denies an application the applicant orperson shall have 15 days after the date of thelicense denial to appeal, in writing, to the citycouncil. Upon receiving a written notice from theapplicant or person the city council shall conduct apublic hearing at their next regularly scheduledmeeting. The decision of the council shall beannounced at the conclusion of the hearing andshall be final. The city clerk-treasurer shall notifythe applicant or person in writing of the decision ofthe council. (Ord. 456 § 1, 2012; Ord. 325 § 9,1996)5.05.100 Violation – Penalty.(1) It is unlawful for any person to willfullymake any false or misleading statement to the cityclerk-treasurer for the purpose of determining theamount of any license fee herein provided to bepaid by such person, or to fail or refuse to complywith any of the provisions of this chapter or otherapplicable city ordinances.(2) Any person violating any of the provisionshereof shall be deemed to have committed a civilinfraction and shall be subject to a penalty of$250.00. Each violation shall constitute a separateviolation. Each day a violation exists constitutes aseparate violation of this chapter. (Ord. 456 § 1,2012; Ord. 325 § 10, 1996)(e) Conducting business in an unlawfulmanner, or in such a manner as to constitute abreach of peace, or to constitute a menace to thehealth, safety or general welfare of the public;(f) Conducted, engaged in or operated thebusiness on premises in the city which do not conformto the ordinances of the city;(g) Engaged in unfair or deceptive acts orpractices in the conduct of the business, or operatedthe business in such a manner as to constitute apublic nuisance.(2) Notice of the hearing for revocation of abusiness license shall be given by the city clerktreasurerin writing to the licensee setting forth specificallythe grounds of complaint and the time andplace of the hearing. Such notice shall be mailed tothe licensee at his or her address as presented on thebusiness license application at least 14 days priorto the date set for hearing, or shall be personallydelivered in the same manner as a summons at least14 days prior to the date set for hearing. (Ord. 456§ 1, 2012; Ord. 364 § 17, 2005; Ord. 325 § 11,1996)5.05.110 Revocation.(1) The city council may, at any time, suspendor revoke any license issued under the provisionsof this chapter whenever the business, manager,officer, director, agent or employee of the businesshas caused, permitted or knowingly done any of thefollowing:(a) Fraud, misrepresentation or incorrectstatements contained in the application for license;(b) Fraud, misrepresentation or incorrectstatements made in the course of carrying on alicense to do business;(c) Violation of any federal, state or citystatute, law, regulation or ordinance upon the businesspremises, or in connection with the businessoperation, whether or not any party has been convictedin any court of competent jurisdiction ofsuch violation;(d) Conviction of a felony related to the areaof licensure under Washington State law (RCW9.96A.010) within the last 10 years;5-7

5.10.010 GAMBLING TAXChapter 5.10GAMBLING TAXSections:5.10.010 Definitions.5.10.020 Taxes imposed – Amounts.5.10.030 Tax to be computed and paid quarterly– Exceptions.5.10.040 Administration and collection of tax.5.10.050 Method of payment.5.10.060 Failure to make timely payments oftax or fee.5.10.070 Notice of intention to engage inactivity to be filed.5.10.080 Records required.5.10.090 Overpayment or underpayment of tax.5.10.100 Failure to make return.5.10.110 Tax additional to others.5.10.120 Taxes, penalties and fees constitutedebt to municipality.5.10.130 Limitations on right to recovery.5.10.140 Violation – Penalty.5.10.150 Causing person to violate rule orregulation as violation – Penalty.5.10.160 Violations relating to fraud or deceit –Penalty.5.10.170 Defrauding or cheating otherparticipant or operator as violation –Causing another to do so as violation –Penalty.5.10.180 Working in gambling activity withoutlicense as violation – Penalty.5.10.190 Gambling information, transmitting orreceiving as violation – Penalty.5.10.200 Revenue.5.10.010 Definitions.For the purposes of this chapter the words andterms used shall have the same meaning as eachhas under Chapter 218, Laws of 1973, FirstExtraordinary Session and Chapter 9.46 RCW,each as amended, and under the rules of the WashingtonState Gambling Commission, WAC Title230, unless otherwise specifically provided or thecontext in which they are used herein clearly indicatesthat they be given some other meaning. (Ord.203 § 1, 1980)5.10.020 Taxes imposed – Amounts.There is hereby levied a tax upon all persons,associations and organizations who conduct oroperate gambling activities within the city of ElectricCity, and who have been duly licensed by theWashington State Gambling Commission to conductor operate such gambling activities, which taxshall be paid on the following gambling activitiesin the following respective amounts:(1) Bingo and Raffle Games. Any bingo or raffleactivity, a tax computed at the rate of 10 percentof the difference between the gross revenuereceived from the conduct of such activity and theamount paid for or as prizes in the conduct of suchactivity; provided, however, that no tax shall beimposed under the authority of this chapter onbingo or raffles when such activity or any combinationthereof is conducted by any bona fide charitableor nonprofit organization as defined in RCW9.46.020(3), which organization has no paid operatingor management personnel and has grossincome from bingo or raffles, or any combinationthereof; provided further, that activities carried outby public or private schools, or by parent organizationsand student body organizations, shall beexempt from the provisions of this chapter whenthe proceeds of such activities are applied for thebenefit of any such school, or school-sponsored orschool-related organizations; and provided further,that any deviation from exemption restrictions enumeratedherein shall subject such organization tothe requirements of this required payment within10 days after written demand of the city clerk-treasurerof any taxes formerly granted exemptionhereunder.(2) Amusement Games. Any amusement game,a tax computed at two percent of the gross revenueless the amount paid for as prizes; provided, however,that no tax shall be imposed under the authorityof this chapter on amusement games when suchactivity is conducted by any bona fide charitable ornonprofit organization as defined in RCW9.46.020(3), which organization has no paid operatingor management personnel and has grossincome from amusement games not exceeding$5,000 per year less the amount paid for as prizes;and provided further, that activities carried out bypublic or private schools or by any organizationsponsored by or related to public or privateschools, including parent organizations, and whenthe proceeds of such activities are applied for thebenefit of any such school, or school-sponsored orschool-related organizations; and provided further,that any deviation from exemption restrictions enumeratedherein shall subject such organization tothe requirements of this chapter to the same extentas if such exemption had not been granted, includingrequired payment within 10 days after written5-8

ELECTRIC CITY MUNICIPAL CODE 5.10.060demand of the city clerk-treasurer of any taxes formerlygranted exemption hereunder.(3) Punch Board or Pull-Tab. Any punch boardor pull-tab, a tax computed at the rate of two andone-half percent of the gross receipts received fromthe conduct of such activity.(4) Card Games. Any card game, a tax computedat the rate of 10 percent of the gross incomereceived from the conduct of such activity.(5) Fund Raising Events. As defined by RCW9.46.020(23), such events shall be taxed $50.00 ifnot exceeding one calendar day and $75.00 if theevent extends for up to three consecutive days,payable when filing the declaration of intent. (Ord.456 § 1, 2012; Ord. 214, 1981; Ord. 203 § 2, 1980)5.10.030 Tax to be computed and paidquarterly – Exceptions.Each of the various taxes imposed by this chaptershall be computed on the basis of activity duringeach calendar quarter year. They shall be due andpayable in quarterly installments, and the remittance,together with return forms, shall be made tothe city of Electric City, Washington. This shall bedone on or before the last day of the month nextsucceeding the quarterly period in which the tax isaccrued, that is on January 31st, April 30th, July31st, and October 31st of each year. The followingexceptions to this payment schedule shall beallowed or required:(1) Whenever any person, association, or organizationtaxable hereunder, conducting or operatinga taxable activity on a regular basis,discontinues operation for a period of more thanfour consecutive weeks, or quits business, sells outor otherwise disposes of the business, or terminatesthe business, any tax due shall become payable,and such taxpayer shall within 10 days make areturn and pay the tax.(2) Whenever it appears to the city clerk-treasurerthat the collection of taxes from any person,association, or organization may be in jeopardy,the city clerk-treasurer, after not less than 15 days’notice to the taxpayer, may require the taxpayer toremit taxes and returns at whatever intervals thecity clerk-treasurer shall deem appropriate underthe circumstances.(3) Whenever reports required by the StateGambling Commission under the provisions ofChapter 9.46 RCW are required on less than aquarterly basis, any person, association, or organizationtaxable hereunder shall report to the city onthe same basis. (Ord. 456 § 1, 2012; Ord. 203 § 3,1980)5.10.040 Administration and collection oftax.Administration and collection of the varioustaxes imposed herein shall be the responsibility ofthe city clerk-treasurer of the city of Electric City.Remittance of the amount due shall be accompaniedby a completed return form prescribed andprovided by the city clerk-treasurer. The taxpayershall be required to swear and affirm that the informationgiven in the return is true, accurate, andcomplete. The city clerk-treasurer is authorized butnot required to mail to taxpayers the necessaryforms. Failure of the taxpayers to receive such aform shall not excuse them from making the returnand timely paying all taxes due. The city clerk-treasurershall make forms available to the public inreasonable numbers in the clerk-treasurer’s officeduring regular business hours. In addition to thereturn form, a copy of the taxpayer’s quarterlyreport to the Washington State Gambling Commissionrequired by Chapter 230-08 WAC for theperiod in which the tax accrued shall accompanyremittance of the tax. (Ord. 456 § 1, 2012; Ord. 203§ 4, 1980)5.10.050 Method of payment.Taxes payable shall be remitted to the city clerktreasureron or before the time required by bankdraft, certified check, cashier’s check, personalcheck, money order, or in cash. If payment is madeby draft or check, the tax shall not be deemed paiduntil the draft or check is honored in the usualcourse of business, nor shall the acceptance of anysum by the city clerk-treasurer be an acquittance ordischarge of the tax unless the taxes due are paid infull. The return and a copy of the quarterly reportto the Washington State Gambling Commissionshall be filed in the office of the city clerk-treasurerafter notation by that office upon the return of theamount actually received from the taxpayer. (Ord.456 § 1, 2012; Ord. 203 § 5, 1980)5.10.060 Failure to make timely payments oftax or fee.(1) If full payment of any tax or fee due is notreceived by the city clerk-treasurer on or before thedate due, there shall be added to the amount due apenalty fee as follows:1 – 10 days late: six percent of tax due11 – 20 days late: eight percent of tax due21 – 31 days late: 10 percent of tax due32 – 60 days late: 12 percent of tax due5-9

5.10.070 GAMBLING TAXbut in no event shall the penalty amount be lessthan $5.00. In addition to this penalty the cityclerk-treasurer may charge the taxpayer interest ofone percent of all taxes and fees due for each 30-day period, or portion thereof, that said amountsare past due.(2) Failure to make payment in full of all taxamounts and penalties, within 60 days followingthe day the tax amount initially became due, shallbe both a civil and criminal penalty of this section.(Ord. 456 § 1, 2012; Ord. 203 § 6, 1980)5.10.070 Notice of intention to engage inactivity to be filed.In order that the city of Electric City may identifythose persons who are subject to taxation underthese provisions, each person, association, or organizationshall file with the city clerk-treasurer aform, “declaration of intent,” to conduct an activitytaxable as herein provided. The declaration ofintent shall be a form to be prescribed by the cityclerk-treasurer and shall be submitted with a copyof the license issued by the Washington State GamblingCommission. The filing shall be made notlater than 10 days prior to conducting or operatinga taxable activity or 20 days after the effective dateof the ordinance codified in this chapter if theactivity is being conducted prior to its adoption. Nofee shall be charged for such filing, which is not forthe purpose of regulation of this activity, except for“fund raising events” under ECMC 5.10.020(5).Failure to timely file shall not excuse any person,association, or organization from any tax liability.(Ord. 456 § 1, 2012; Ord. 203 § 7, 1980)5.10.080 Records required.Each person, association, or organization engagingin an activity taxable under these provisionsshall maintain records respecting that activitywhich truly, completely, and accurately disclose allinformation necessary to determine the tax liabilityduring each base tax period. Such records shall bekept and maintained for a period of not less thanthree years. In addition, all information and itemsrequired by the Washington State Gambling Commissionunder Chapter 230-08 WAC, and theUnited States Internal Revenue Service respectingtaxation, shall be kept and maintained for the periodsrequired by those agencies. All books, recordsand other items required to be kept and maintainedunder this section shall be subject to and immediatelyavailable for inspection and audit at any reasonabletime with reasonable notice. Inspectionshall be made upon demand by the city clerk-treasureror the clerk-treasurer’s designee, at the placewhere such records are kept, for the purpose ofenforcing these provisions. Where the taxpayerdoes not keep all of the books, records, or itemsrequired in this jurisdiction, the taxpayer shalleither:(1) Produce all of the required books, records,or items within the city of Electric City for suchinspection within seven days following a request ofthe city clerk-treasurer; or(2) Bear the actual cost of the inspection by thecity clerk-treasurer or the clerk-treasurer’s designee,at the location at which such books, records, oritems are located; provided, that a taxpayer choosingto bear these costs shall pay in advance to thecity clerk-treasurer the estimated costs thereof,including, but not limited to, round trip fare by themost rapid means, lodging, meals, and incidentalexpenses. The actual amount due, or to berefunded, for expenses shall be determined followingsaid examination of the records. (Ord. 456 § 1,2012; Ord. 203 § 8, 1980)5.10.090 Overpayment or underpayment oftax.If, upon application by a taxpayer for a refund oran audit of his records, or upon any examination ofthe returns or records by the city clerk-treasurer, itis determined that within the immediate past threeyears:(1) A tax or other fee has been paid in excess ofthat properly due, the total excess paid over allamounts due to the city within such period shall becredited to the taxpayer’s account or shall be creditedto the taxpayer at the taxpayer’s option. Norefund or credit shall be allowed with respect toany excess amounts paid more than three yearsbefore the date of such application or examination.(2) A tax or other fee has been paid which isless than properly due, or no tax or other fee hasbeen paid, the city clerk-treasurer shall mail a statementto the taxpayer showing the balance due,including the tax amount or penalty assessment andfees, and it shall be a separate, additional violationof the provisions of this section, both civil andcriminal, if the taxpayer fails to make payment infull within 10 calendar days of mailing. (Ord. 456§ 1, 2012; Ord. 203 § 9, 1980)5.10.100 Failure to make return.If any taxpayer fails, neglects or refuses to makeand file his return as and when required under theseprovisions, the city clerk-treasurer is authorized todetermine the amount of tax payable, together with5-10

ELECTRIC CITY MUNICIPAL CODE 5.10.170any penalty and/or interest assessed. The taxpayershall then be notified by mail of the amount whichshall become immediately due and payable. (Ord.456 § 1, 2012; Ord. 203 § 10, 1980)5.10.110 Tax additional to others.The tax herein levied shall be in addition to anylicense fee or tax imposed or levied under any lawor any other ordinance of the city of Electric Cityexcept as herein otherwise expressly provided.(Ord. 456 § 1, 2012; Ord. 203 § 11, 1980)5.10.120 Taxes, penalties and fees constitutedebt to municipality.Any tax due and unpaid under these provisionsand all penalties or fees shall constitute a debt tothe city of Electric City, a municipal corporation,and may be collected by court proceedings thesame as any other debt in like amount, but shall bein addition to all other existing remedies. (Ord. 456§ 1, 2012; Ord. 203 § 12, 1980)5.10.130 Limitations on right to recovery.The right of recovery by the city from the taxpayerfor any tax provided hereunder shall be outlawedafter the expiration of three calendar yearsfrom the date that tax became due. The right ofrecovery against the city because of overpaymentof tax by any taxpayer shall be outlawed after theexpiration of three calendar years from the datesuch payment was made. (Ord. 456 § 1, 2012; Ord.203 § 13, 1980)5.10.140 Violation – Penalty.(1) Any person violating any of the provisionsor failing to comply with any of the mandatoryrequirements of this chapter is guilty of a misdemeanor.Any person convicted of a misdemeanorunder this chapter shall be punished by a fine not toexceed $500.00, or by imprisonment not to exceed90 days, or both such fine and imprisonment.(2) Each such taxpayer is guilty of a separateoffense for each and every day during any portionof which any violation of these provisions is committed,continued, or permitted by any such taxpayerand is punishable accordingly. (Ord. 203§ 14, 1980)5.10.150 Causing person to violate rule orregulation as violation – Penalty.Any person who knowingly causes, aids, abets,or conspires with another to cause any person toviolate any rule or regulation adopted pursuant toChapter 9.46 RCW originally and as amended shallbe guilty of a gross misdemeanor and upon convictionshall be punished by imprisonment in thecounty jail for not more than one year or by a fineof not more than $5,000, or both. (Ord. 203 § 15,1980)5.10.160 Violations relating to fraud or deceit– Penalty.Any person or association or organization operatingany gambling activity who or which, directlyor indirectly, shall in the course of such operation:(1) Employ any device, scheme, or artifice todefraud;(2) Make any untrue statement of a materialfact, or omit to state a material fact necessary inorder to make the statement made not misleading,in the light of the circumstances under which saidstatement is made;(3) Engage in any act, practice or course ofoperation as would operate as a fraud or deceitupon any person;shall be guilty of a gross misdemeanor and uponconviction shall be punished by imprisonment inthe county jail for not more than one year or by afine of not more than $5,000, or both. (Ord. 203§ 16, 1980)5.10.170 Defrauding or cheating otherparticipant or operator as violation– Causing another to do so asviolation – Penalty.(1) No person participating in a gambling activityshall in the course of such participation, directlyor indirectly:(a) Employ or attempt to employ anydevice, scheme, or artifice to defraud any otherparticipant or any operator;(b) Engage in any act, practice, or course ofoperation as would operate as a fraud or deceitupon any other participant or operator;(c) Engage in any act, practice, or course ofoperation while participating in a gambling activitywith the intent of cheating any other participant orthe operator to gain an advantage in the game overthe other participant or operator;(d) Cause, aid, abet, or conspire withanother person to cause any other person to violatesubsections (1)(a) through (c) of this section.(2) Any person violating this section shall beguilty of a gross misdemeanor and upon convictionshall be punished by imprisonment in the countyjail for not more than one year or by a fine of notmore than $5,000, or both. (Ord. 203 § 17, 1980)5-11

5.10.180 TELEPHONE BUSINESS AND OCCUPATION TAX5.10.180 Working in gambling activitywithout license as violation –Penalty.Any person who works as an employee or agentor in a similar capacity for another person in connectionwith the operation of an activity for whicha license is required under Chapter 9.46 RCW originallyand as amended or by rule of the WashingtonState Gambling Commission created in Chapter9.46 RCW without having obtained the applicablelicense required by the Washington State GamblingCommission under RCW 9.46.070(16) shallbe guilty of a gross misdemeanor and shall, uponconviction, be punished by not more than one yearin the county jail or a fine of not more than $5,000,or both. (Ord. 203 § 18, 1980)5.10.190 Gambling information,transmitting or receiving asviolation – Penalty.Whoever knowingly transmits or receives gamblinginformation by telephone, telegraph, radio,semaphore or similar means, or knowingly installsor maintains equipment for the transmission orreceipt of gambling information, shall be guilty ofa gross misdemeanor; provided, however, that thissection shall not apply to such information transmittedor received or equipment installed or maintainedrelating to activities as enumerated in RCW9.46.030 or to any act or acts in furtherance thereofwhen conducted in compliance with the provisionsof Chapter 9.46 RCW originally and as amendedand in accordance with the rules and regulationsadopted pursuant thereto. (Ord. 203 § 19, 1980)5.10.200 Revenue.Any revenue collected from such tax shall beused primarily by the city of Electric City for thepurpose of the enforcement of the provisions ofChapter 9.46 RCW, the rules and regulations of theWashington State Gambling Commission, and thischapter. (Ord. 456 § 1, 2012; Ord. 203 § 20, 1980)Chapter 5.15TELEPHONE BUSINESS ANDOCCUPATION TAXSections:5.15.010 Levied – Definitions.5.15.020 Due and payable when.5.15.030 Deductions.5.15.040 Recordkeeping.5.15.050 Failure to pay – Penalty.5.15.060 Credits.5.15.070 Boundary extensions – Copiesprovided.5.15.010 Levied – Definitions.(1) From and after January 1, 1983, there ishereby levied upon every person, firm or corporationengaged in the telephone business a tax equalto six percent of the total gross operating revenues,excluding revenues from intrastate toll, derivedfrom the operation of such business within the cityof Electric City. “Gross operating revenues” forthis purpose shall not include charges which arepassed on to the subscribers by a telephone companypursuant to tariffs required by regulatoryorder to compensate for the cost to the company ofthe tax imposed by this chapter.(2) “Telephone business” means the business ofproviding access to a local telephone network,local telephone network switching service, toll service,or coin telephone services, or providing telephonic,video, data, or similar communication ortransmission for hire, via a local telephone network,toll line or channel, or similar communicationor transmission system. It includescooperative or farmer line telephone companies orassociations operating an exchange. “Telephonebusiness” does not include the providing of competitivetelephone service, nor the providing ofcable television service. “Competitive telephoneservice” means the providing by any person of telephoneequipment, apparatus, or service, other thantoll service, which is of a type which can be providedby persons that are not subject to regulationas telephone companies under RCW Title 80 andfor which a separate charge is made. (Ord. 456 § 1,2012; Ord. 223, 1982; Ord. 216 § 1, 1981)5.15.020 Due and payable when.(1) The tax imposed by this chapter shall be dueand payable in quarterly installments and remittanceshall be made on or before the thirtieth day ofthe month next succeeding the end of the quarterly5-12

5.20.010 AMUSEMENT DEVICESChapter 5.20AMUSEMENT DEVICESSections:5.20.010 License – Required.5.20.020 Definitions.5.20.030 License – Application – Fee – Posting.5.20.040 License – Transfer prohibited.5.20.050 Licensing period.5.20.060 Repealed.5.20.070 Amusement devices list of locations tobe provided – Placement of licenses ondevices and games required.5.20.080 Repealed.5.20.090 Violation – Penalty.5.20.100 Purpose of chapter.5.20.010 License – Required.It shall be unlawful for any person, firm or corporationto operate or permit the operation of anyamusement device or game of skill, as hereinafterdefined, on the premises of such person, firm orcorporation, unless such person, firm or corporationhas first obtained a license from the city ofElectric City, or is operating such devices or gameswith consent or in conjunction with a person, firmor corporation having a valid unrevoked and currentlicense issued by the city of Electric City,Washington. (Ord. 456 § 1, 2012; Ord. 25 § 1,1955)5.20.020 Definitions.(1) The amusement devices and games of skillherein referred to are those types which arerequired by the state of Washington to pay to thesaid state 20 percent or more of the income of suchdevices and games to the said state of Washington,it being understood and construed that a bona fidemerchandising device or machine used solely forthe dispensing of merchandise shall not beincluded and shall be excepted from the operationof this chapter.(2) Any amusement devices or games of skillby the operation of which the operator of suchdevices or games shall receive monies or merchandiseor other items of value through skills shall beincluded within this chapter. (Ord. 25 § 2, 1955)5.20.030 License – Application – Fee –Posting.(1) Application for such licenses shall be madeto the city clerk-treasurer in such form and shallcontain such information as the city clerk-treasurermay require and the granting of such licenses shallbe subject to the prior approval of the city counciland the payment of the required license fee to thecity clerk-treasurer. Upon such approval by the citycouncil and obtainment of such fee the license shallbe granted.(2) A license for each such amusement deviceor game of skill is hereby required and no suchdevice or game shall be operated, or permitted tobe operated, unless such license shall be attachedthereto.(3) Licenses herein provided shall be issued bythe city clerk-treasurer upon application thereforand payment of the fees as herein provided andshall expire at the end of each and every calendarmonth. The license issued shall state the month andyear for which it is issued and shall state the locationwhere the machine or game is operated andshall be the official seal of the city of Electric City,the name of the city clerk-treasurer, and shall be insubstantially the following form:CITY OF ELECTRIC CITYThis machine is licensed for the month of__________, ______ (year).__________________City Clerk-TreasurerLocation ___________________Type Machine _______________Serial No. __________________(4) Such license shall be posted in a conspicuousplace on the machine or game so licensed andshall not be transferable to any other machine ordevice for which a license shall be payable andsuch license shall not be transferable from onemachine to another and shall be renewable on thefirst day of each and every calendar month. (Ord.456 § 1, 2012; Ord. 25 § 3, 1955)5.20.040 License – Transfer prohibited.Licenses shall not be transferable from oneamusement device or game of skill to another normay one amusement device or game of skilllicensed for one location be transferred to anotherlocation without paying another license for thatmonth. (Ord. 25 § 4, 1955)5.20.050 Licensing period.The fee for each license shall be $5.00 permonth. The license period shall commence on thefirst day of the month and terminate on the last day5-14

ELECTRIC CITY MUNICIPAL CODE 5.20.100of the same month, both dates inclusive. Nolicenses shall be issued for a fraction of the periodcovered thereby. In the event of the revocation ortermination, from any cause, of the license or in theevent such devices or games could become or bedeclared or found to be illegal, then, and in eitherevent, no portion of the license fee shall berefunded, and such fees shall be considered as havingbeen paid for the right to operate said devicesand games up to the time of the revocation or terminationof the licenses or the declaration or findingthat the machines are illegal. (Ord. 25 § 5,1955)5.20.100 Purpose of chapter.This chapter is passed primarily as a revenuemeasure and the license fees paid under the provisionsof this chapter shall be placed into the parkfund and shall be used solely for city park purposes.(Ord. 456 § 1, 2012; Ord. 25 § 10, 1955)5.20.060 Minors prohibited to operateamusement devices.Repealed by Ord. 364. (Ord. 25 § 6, 1955)5.20.070 Amusement devices list of locationsto be provided – Placement oflicenses on devices and gamesrequired.The holder of each license shall on or before thefirst day of each month furnish the city clerk-treasurerof the city of Electric City, state of Washington,with a list of the locations where his or itsamusement devices or games will be operated forthe ensuing month, together with the descriptionand serial numbers of such devices and games, andat the same time shall pay to the said city clerktreasurerthe required license fee for each device orgame, and on or before the fifth day of said monthsuch licenses will be placed upon all such devicesand games. (Ord. 456 § 1, 2012; Ord. 25 § 7, 1955)5.20.080 Application rejection.Repealed by Ord. 364. (Ord. 25 § 8, 1955)5.20.090 Violation – Penalty.Any person who shall violate or fail to complywith any of the provisions of this chapter shall beguilty of a civil infraction and upon convictionthereof shall be punishable as set forth in Chapter1.15 ECMC. The city council may order that nomore licenses be granted to such person, firm orcorporation so convicted, and licenses shall not begranted to such premises or location wherein theviolation occurred. (Ord. 456 § 1, 2012; Ord. 364§ 18, 2005; Ord. 25 § 9, 1955)5-15

Title 6ANIMALSChapters:6.05 Keeping of Animals6.10 Dogs6-1

ELECTRIC CITY MUNICIPAL CODE 6.05.100Chapter 6.05KEEPING OF ANIMALSSections:6.05.010 Cruelty.6.05.020 Dangerous animals.6.05.030 Repealed.6.05.040 Livestock – At large.6.05.050 Killing dangerous animals.6.05.060 Diseased animals.6.05.070 Repealed.6.05.080 Fencing.6.05.090 Effective date of provisions.6.05.100 Care of animals.6.05.110 Animals prohibited in certain areas.6.05.120 Violation – Penalty.6.05.010 Cruelty.No person shall cruelly treat any animal in thecity of Electric City in any way. Any person whoinhumanely beats, underfeeds, overloads, or abandonsany animal shall be deemed guilty of a violationof this chapter. (Ord. 456 § 1, 2012; Ord. 67§ 1, 1961)6.05.020 Dangerous animals.After being convicted in municipal court, it shallbe a misdemeanor, punishable as set forth in Chapter1.15 ECMC, for any owner or custodian of dangerousor vicious animals to keep the same in thecity of Electric City. This includes any dangerousor vicious animal, either domestic or wild. (Ord.456 § 1, 2012; Ord. 364 § 19, 2005; Ord. 67 § 2,1961)6.05.030 Noises.Repealed by Ord. 354. (Ord. 67 § 3, 1961)6.05.040 Livestock – At large.It shall be unlawful to permit any cattle, horse,swine, sheep, goats, or poultry to run at large in thecity. Any such animal running at large in any publicplace in the city shall be impounded. It shall furtherbe unlawful to picket or tie any such animal inany of the streets of the city for the purpose of grazingor feeding. (Ord. 456 § 1, 2012; Ord. 67 § 4,1961)6.05.050 Killing dangerous animals.The members of the police department or anyother person in the city are authorized to kill anydangerous animals of any kind when it is necessaryfor the protection of any person or property. (Ord.456 § 1, 2012; Ord. 67 § 5, 1961)6.05.060 Diseased animals.No domestic animal afflicted with a contagiousor infectious disease shall be allowed to run at largeor to be exposed in any public place whereby thehealth of man or beast may be affected; nor shallsuch diseased animal be shipped or removed fromthe premises of the owner thereof, except under thesupervision of the chief of police or the healthofficer. It is hereby made the duty of the healthofficer to secure such disposition of any diseasedanimal and such treatment of affected premises asto prevent the communication and spread of thecontagion or infection, except in cases where theState Veterinarian is empowered to act. (Ord. 67§ 6, 1961)6.05.070 Housing.Repealed by Ord. 354. (Ord. 67 § 7, 1961)6.05.080 Fencing.It shall be unlawful to keep any cattle, horses,sheep, goats or poultry within the corporate limitsof the city of Electric City or to graze therein unlesssaid animal or animals are confined within a lawfulfence. A lawful fence shall be such fence as conformswith Chapter 16.60 RCW, as now enacted orhereafter modified. (Ord. 456 § 1, 2012; Ord. 67§ 8, 1961)6.05.090 Effective date of provisions.All provisions of this chapter shall be fully bindingupon all persons owning or maintaining animalswithin the corporate limits of the city ofElectric City, whether or not they have in the pasthad animals within the corporate limits of said city,and from and after 60 days after its passage by thecouncil, within the corporate limits of the city ofElectric City. (Ord. 456 § 1, 2012; Ord. 67 § 9,1961)6.05.100 Care of animals.No person shall cause or allow any livestock tobe kept within the corporate limits of the city ofElectric City in a stable or field where adequateshade is not provided for said animals in the summer,and where in the winter adequate facilities arenot provided for winter cover. No person shallcause or allow any animals to be kept in any enclosurewhere there is not adequate supply of waterand a trough keeping said water. (Ord. 456 § 1,2012; Ord. 67 § 10, 1961)6-3

6.05.110 DOGS6.05.110 Animals prohibited in certain areas.No livestock or horse shall be allowed or permittedon any school grounds, within any public parkor public beach or swimming area, or ridden on anypublic sidewalks within the corporate limits of thecity of Electric City. (Ord. 456 § 1, 2012; Ord. 67§ 11, 1961)6.05.120 Violation – Penalty.Any person, firm or corporation violating any ofthe provisions of this chapter shall be guilty of acivil infraction and upon conviction thereof shallbe punishable as set forth in Chapter 1.15 ECMC.A separate offense shall be deemed committed oneach day during or on which a violation occurs orcontinues. (Ord. 364 § 21, 2005; Ord. 67 § 14,1961)Chapter 6.10DOGSSections:6.10.010 Definitions.6.10.020 Running at large prohibited.6.10.030 Impoundment authority.6.10.040 License – Applicability.6.10.050 License – Expiration.6.10.060 License – Tag.6.10.070 License – Fee.6.10.080 License – Required.6.10.090 Nuisances.6.10.100 Running at large – Impoundment.6.10.110 Impoundment – Redemption.6.10.120 Number limitation established.6.10.130 Packs of dogs.6.10.140 Immediate danger.6.10.150 Tampering with traps.6.10.160 Rabies control.6.10.170 Damage liability.6.10.180 Responsibility of owner.6.10.190 Potentially dangerous dog ordangerous dog – Requirements.6.10.200 Declaration of potentially dangerousdog or dangerous dog.6.10.210 Objection to declaration of potentiallydangerous or dangerous dog.6.10.220 Hearing – Findings – Court costs.6.10.230 Restrictions pending hearing orappeal.6.10.240 Notification of location by owner orcustodian.6.10.250 Restraint of potentially dangerous dogor dangerous dog.6.10.260 Registration of potentially dangerousor dangerous dog.6.10.270 Fees for certificate of registration andannual renewal.6.10.280 Impoundment of potentiallydangerous or dangerous dog.6.10.290 Subsequent offenses.6.10.300 Supplementary provisions.6.10.310 Violation – Penalty.6.10.320 Enforcement.6.10.330 Hearings.6.10.340 Miscellaneous provisions.6.10.350 Fees and penalties – Establishment.6.10.360 Immunity.6.10.010 Definitions.(1) “Animal control authority” means the citycouncil of the city of Electric City.6-4

ELECTRIC CITY MUNICIPAL CODE 6.10.020(2) “Animal control officer” means any individualemployed, contracted with, or appointed bythe animal control authority for the purpose of aidingin the enforcement of this chapter or any otherlaw or ordinance relating to the licensure of animals,control of animals, or seizure and impoundmentof animals, and includes any state or local lawenforcement officer or other employee whoseduties in whole or in part include assignments thatrelate to the seizure and impoundment of any animal.(3) “Dangerous dog” means any dog thataccording to the records of the appropriate authority:(a) Has inflicted severe injury on a humanbeing without provocation on public or privateproperty; or(b) Has killed a domestic animal withoutprovocation while off the owner’s property; or(c) Has been previously found to be potentiallydangerous, the owner having received noticeof such and the dog again aggressively bites,attacks, or endangers the safety of humans ordomestic animals.(4) “Dog” means any member of zoologicalfamily Canidae, feral or domesticated.(5) “Domestic animal” means any living creature,except man, that has been tamed, includingbut not limited to pets or livestock.(6) “Leash” means a substantial chain or line,not responsiveness to voice command, and underphysical restraint of a responsible person.(7) “Owner” means any person, firm, corporation,organization, or department possessing, harboring,keeping, having an interest in or havingcontrol or custody of any dog.(8) “Pack of dogs” means three or more dogsrunning together at large.(9) “Potentially dangerous dog” means any dogthat when unprovoked:(a) Inflicts bites on a human or a domesticanimal either on public or private property; or(b) Chases or approaches a person upon thestreets, sidewalks, or any public grounds in a menacingfashion or apparent attitude of attack; or(c) Any dog with a known propensity, tendencyor disposition to attack unprovoked, or tocause injury or otherwise to threaten the safety ofhumans or domestic animals.(10) “Proper enclosure” means confinedindoors or in a securely enclosed and locked pen orstructure, suitable to prevent the entry of youngchildren and designed to prevent the dog fromescaping. Such pen or structure shall have securesides and a secure top, and shall also provide adequateexercise space and protection from the elementsfor the dog. Proper enclosure will include“Beware of Dog” signs and signs with a warningsymbol that informs children of the presence of apotentially dangerous dog, attached to the pen orstructure housing the dangerous dog, that are readablefrom a minimum of 50 feet, or readable fromany public access, street, road or alley. Properenclosure shall be structured as to protect any childfrom injury and from releasing the dangerous dog.(11) “Quarantine” means the placing andrestraining of the dog within a proper enclosure fora dangerous dog so that the dog can be observed fora specified period of time without any contact withanimals or humans, other than the caretaker, animalcontrol officer, or state-licensed veterinarian.For purposes of this chapter, the quarantine shall bea period of 10 consecutive days.(12) “Running at large” refers to any dog whichis found:(a) Upon any public street, highway or publicplace in the city of Electric City; or(b) Upon any private property owned by aperson, firm or corporation other than the owner orcustodian of the dog; or(c) In an open vehicle, unless the dog isrestrained by a chain or leash.(13) “Severe injury” means any physical injurythat results in broken bones or disfiguring lacerationsrequiring multiple sutures or cosmetic surgery.(14) “Stray dog” means a dog that has no identifiableowner, after reasonable inquiry.(15) “Tampering with traps” means interferingwith the operation of or releasing animals fromsuch traps.(16) “Vaccination record” means informationcontained in the records of a licensed veterinarianthat establishes the rabies vaccination record of thedog.All other words and phrases used herein willhave their commonly accepted meanings. (Ord.456 § 1, 2012; Ord. 338 § 1, 1998)6.10.020 Running at large prohibited.Within the corporate limits of the city of ElectricCity, it is unlawful for any person, firm or corporation,being the owner or custodian of any dog, topermit such dog to run at large upon any publicstreet, highway or public place, including publicparks, or upon private property owned by a personor persons other than the owners or custodians of6-5

6.10.030 DOGSthe dog. (Ord. 456 § 1, 2012; Ord. 364 § 22, 2005;Ord. 338 § 2, 1998)6.10.030 Impoundment authority.Any animal control officer is authorized toimpound any dog found running at large as well asany dog which has bitten any person or which isunlicensed. (Ord. 338 § 3, 1998)6.10.040 License – Applicability.(1) All dogs kept, harbored or maintained bythe owners, custodians or their agents in the city ofElectric City shall be licensed and registered atsuch time as the dog becomes six months of age, orsuch time as the dog possesses a set of permanentteeth, whichever shall occur first.(2) Any person, firm or corporation movinginto or residing within the corporate limits of thecity of Electric City which or who has ownership,control or custody of any dog of licensing age shallhave 10 days in which to obtain a license for saiddog as ordained by the terms of this chapter, andthe dog tag issued pursuant to this chapter shall beworn by the dog at all times. (Ord. 456 § 1, 2012;Ord. 338 § 4, 1998)6.10.050 License – Expiration.The dog license shall be an annual license,which shall expire at midnight on December 31stof each year for which it is issued. (Ord. 338 § 5,1998)6.10.060 License – Tag.The city clerk-treasurer shall keep a record of alldog licenses showing the number of each license,the name and address of the applicant or owner,and the sex and general description of each dog solicensed. The city clerk-treasurer shall issue a dogtag bearing the number of the license to the applicantor owner. Dog tags shall not be transferablefrom one dog to another. The city clerk-treasurershall not issue a dog tag or permit a dog to belicensed unless the owner or applicant provides thedog’s vaccination record. (Ord. 456 § 1, 2012; Ord.338 § 6, 1998)6.10.070 License – Fee.A grace period through January 31st of eachyear shall be allowed without any penalty. Anylicense purchases thereafter for a dog that was inthe applicant’s possession on January 1st of thatyear shall be charged a late fee of an additional$10.00. (Ord. 338 § 7, 1998)6.10.080 License – Required.It shall be unlawful for any person, firm or corporationto keep, harbor or maintain any dog withinthe corporate limits of the city of Electric Cityregardless of whether on a leash or chain unlessfirst licensed in accordance with this chapter. (Ord.456 § 1, 2012; Ord. 338 § 8, 1998)6.10.090 Nuisances.Any dog that whines, howls or barks in such amanner that can be heard 30 feet or more outsidethe premises of the owner or person in control ofthe dog for five minutes or more in any three-hourperiod is guilty of disturbing the peace and quiet ofthe neighborhood. All dogs found, observed ordetermined to be in violation of this section may bedeemed to be a nuisance and the owner of such dogmay be issued a notice of infraction for allowingsaid condition to continue. The infraction shall cost$50.00 for the first citation and $100.00 for eachcitation thereafter. Should the situation continue,upon conviction and at the direction of the municipalcourt, the dog’s owner may be directed to disposeof said dog. Upon failure to comply with saidinstruction or direction of the court, the court maydirect any animal control officer to impound andhumanely destroy said dog at the expense of theowner. (Ord. 364 § 23, 2005; Ord. 338 § 9, 1998)6.10.100 Running at large – Impoundment.(1) Any animal control officer may impoundany dog found running at large.(2) Said dog shall be held for a period of twodays exclusive of Saturdays, Sundays and holidays,and if not redeemed by the end of said time,may be humanely destroyed. The dog may also bedisposed of at auction, or otherwise, at the discretionof the chief of police. If the owner is immediatelyavailable after the dog has been captured, theanimal control officer may elect to directly issue anotice of infraction to the owner and allow theowner to take possession of the dog. (Ord. 364§ 24, 2005; Ord. 338 § 10, 1998)6.10.110 Impoundment – Redemption.Immediately upon the impounding of any dogfound to be in violation of this chapter, the ownerof said dog shall be notified thereof, if said owneris known; if said owner be unknown or his presentwhereabouts or address be unascertainable, noticeshall be posted in at least two public places in cityfor two days exclusive of Saturdays, Sundays andholidays, describing the impounded dog, the placefrom which the dog was taken, and the time the dog6-6

ELECTRIC CITY MUNICIPAL CODE 6.10.160was taken. The owner of any dog so impoundedmay reclaim such dog if the violation is that of runningat large or being found without its dog tag,upon licensing the dog or providing proof that thedog is licensed, and upon payment in advance ofimpound and boarding fees. The owner shall becivilly liable to the city for impound and boardingfees whether or not the dog is reclaimed. (Ord. 456§ 1, 2012; Ord. 338 § 11, 1998)6.10.120 Number limitation established.Except as provided elsewhere in this chapter, itshall be unlawful for any person, firm or corporationto keep, harbor or maintain in excess of twodogs in any private home or residence within thecorporate limits of the city of Electric City. If a personassumes responsibility for more than two dogsin violation of this chapter, disposal of the excessdogs shall be the responsibility of the person andnot the city. Newborn pups may be retained for twomonths after birth. (Ord. 456 § 1, 2012; Ord. 338§ 12, 1998)6.10.130 Packs of dogs.The city council finds that a pack of dogs constitutesa serious threat to human life, other animalsand private property. The animal control officer orother police officer is authorized to immediatelydestroy any dog running in a pack. (Ord. 456 § 1,2012; Ord. 338 § 13, 1998)6.10.140 Immediate danger.If a dog is the direct cause in an incident presentingan immediate danger to humans or to the safetyof other animals, the animal control officer or otherpolice officer is authorized to immediately destroysuch dog. (Ord. 338 § 14, 1998)6.10.150 Tampering with traps.It shall be unlawful to tamper with traps that areunder the direction of the animal control authorityto catch stray dogs. (Ord. 338 § 15, 1998)6.10.160 Rabies control.(1) The animal control officer or other policeofficer will respond to all dog bites.(2) If the owner of any licensed or unlicenseddog inflicting bites can be located and said ownercan show vaccination records, no impound or quarantinewill be necessary.(3) If the owner cannot show vaccinationrecords, the owner will be notified to quarantinethe animal. The location of such quarantine shall bedetermined by the animal control officer and shallbe at the expense of the owner.(4) No dog under quarantine shall be releaseduntil the animal control officer has approved suchrelease in writing.(5) It is unlawful for the owner of any dog thathas bitten any person to destroy such dog beforethe animal control officer can properly confine it.(6) The owner of any dog that has been reportedas having inflicted a bite on any person shall, upondemand of an animal control officer, produce suchdog for examination and quarantine as prescribedin this section. If the owner, his agent, servant orcompetent member of his family, or any custodian,of any such dog refuses to produce such dog, theowner, his agent, servant or competent member ofhis family, or any custodian, shall be subject toimmediate arrest if there shall be probable cause tobelieve that the dog has inflicted a bite upon a personand the owner, his agent, servant or competentmember of his family, or custodian, is keeping orharboring the dog and willfully refuses to producethe dog upon such demand. Such persons shall betaken before a judge of the district court who mayorder the immediate production of the dog. If theowner, his agent, servant or competent member ofhis family, or any custodian of such dog shall willfullyor knowingly secrete or refuse to produce thedog, each day of secretion or refusal to produce thedog shall constitute a separate and individual violationof this section.(7) When a licensed veterinarian has diagnoseda dog under quarantine as being rabid, the veterinarianmaking such diagnosis shall immediatelynotify the county public health officer and advisehim of any reports of human contact with suchrabid dog. If any dog under quarantine dies whileunder observation, the animal control officer or hisagents shall immediately take action to obtain apathological and inoculation examination of thedog. As soon as a diagnosis is made available, theanimal control officer shall notify the county publichealth officer of any reports of human contactwith the dog. Any dog that has not been inoculatedagainst rabies and known to have been bitten by arabid dog shall be humanely destroyed immediately.(8) Every physician or other medicalpractitioner who treats a person or persons for bitesinflicted by dogs shall, with written consent of thepatient, report such treatment to the animal controlofficer, identifying the dog and the dog’s owner, ifpractical.6-7

6.10.170 DOGS(9) Any veterinarian who diagnoses rabies onany dog shall report such fact to the animal controlofficer. The veterinarian shall determine, beforeany rabies inoculation is given, whether the subjectdog is under quarantine or has inflicted a bite onany person within the last 10 days.(10) If a dog that has inflicted a bite is determinedto be a stray dog, the animal control officer,after making reasonable inquiry to locate its owner,will have the dog impounded and quarantined at aplace provided by the animal control authority andprocessed pursuant to the conditions set forth inthis chapter. The cost of such impoundment will beborne by the city. If the animal is not claimed, itshall be destroyed in an expeditious and humanemanner. (Ord. 456 § 1, 2012; Ord. 364 § 25, 2005;Ord. 338 § 16, 1998)6.10.170 Damage liability.(1) The owner of any dog that is determined tobe potentially dangerous shall be liable for damages,including, but not limited to, personal property,real property or physical injury, that may besuffered or incurred by a person bitten while theperson is in or on a public place or lawfully in or ona private place, including property of the owner ofsuch dog. This liability shall be regardless of theformer viciousness of the dog, or the owner’sknowledge of such viciousness.(2) Exemption. Proof of provocation of theattack by the victim shall be a complete defense toan action for damages. A person is lawfully uponthe private property of such owner within themeaning of RCW 16.08.040 when such person isupon the property of the owner with the express orimplied consent of the owner; provided, that saidconsent shall not be presumed when the property ofthe owner is fenced or reasonably posted. (Ord.338 § 17, 1998)6.10.180 Responsibility of owner.(1) It shall be the responsibility of the owner orcustodian of any dog within the corporate limits ofthe city to so control and care for their dog so as toprevent and keep that dog from being in violationof this chapter. In any proceeding to enforce theprovisions of this chapter, it shall be conclusivelypresumed that the owner or custodian of any dogwithin the corporate limits of the city is aware ofthe dog’s whereabouts, condition, or method ofbeing treated and maintained.(2) The owner or custodian of any dog withinthe corporate limits of the city shall be responsiblefor any cost, charge, fee, or expense of any natureincurred by the city in capturing, controlling, caringfor, or destroying any dog in violation of thischapter. Without limitation but by way of illustration,the following are examples of costs: charges,tranquilizer costs, euthanasia costs, vaccinationcosts, and veterinary expenses. (Ord. 456 § 1,2012; Ord. 338 § 18, 1998)6.10.190 Potentially dangerous dog ordangerous dog – Requirements.It shall be unlawful for any owner of a potentiallydangerous dog or dangerous dog, who hasbeen notified by the animal control authority thathe or she is the owner of a potentially dangerousdog, to keep such a dog within the city of ElectricCity unless such owner has procured a certificateof registration for the dog from the animal controlauthority and is in full compliance with all requirementsfor issuance of such certificate of registration.(Ord. 456 § 1, 2012; Ord. 338 § 19, 1998)6.10.200 Declaration of potentiallydangerous dog or dangerous dog.(1) The animal control authority may find anddeclare a dog potentially dangerous or dangerous ifit has probable cause to believe that the dog fallswithin the definition set forth in this chapter; provided,that a dog shall not be declared dangerous ifthe threat, injury or damage was sustained by a personwho, at the time, was committing a willful trespassor other tort upon the premises occupied bythe owner of the dog, or was tormenting, abusing,or assaulting the dog or has in the past beenobserved or reported to have tormented, abused, orassaulted the dog or was committing or attemptingto commit a crime. The finding must be based on:(a) The written complaint of a citizen who iswilling to testify that the animal has acted in a mannerwhich causes it to fall within the definitions inthis chapter; or(b) Dog bite reports filed with the animalcontrol authority by an animal control officer; or(c) Actions of the dog witnessed by the animalcontrol officer or law enforcement officer; or(d) Other substantial admissible evidence.(2) If, in the opinion of the animal controlofficer, the dog is potentially dangerous andimpoundment cannot be made with safety for theanimal control officer or other citizens, the dogmay be destroyed without notice to the owner orcustodian.(3) The animal control authority or designeewill notify the owner as soon as practicable after aviolation of subsection (1) of this section, to be fol-6-8

ELECTRIC CITY MUNICIPAL CODE 6.10.260lowed up in writing, and shall be served on theowner of the dog by one of the following methods:(a) Certified mail to the owner’s lastaddress, if known; or(b) Personally; or(c) If the owner cannot be located by one ofthe first two methods, by one publication in anewspaper of general circulation.(4) The owner of any dog found to be a potentiallydangerous dog or a dangerous dog under thissection shall be assessed all service costs expendedunder this section.(5) The declaration shall state at least:(a) A description of the dog;(b) The name and address of the owner ofthe dog, if known;(c) The whereabouts of the dog if it is not inthe custody of the owner;(d) The facts upon which the declaration ofpotentially dangerous dog or dangerous dog isbased;(e) The availability of a hearing in case theowner objects to the declaration, if a request ismade within five days;(f) The restrictions placed on the dog as aresult of the finding of potentially dangerous ordangerous dog;(g) The penalties for violation of this chapter,including the possibility of destruction of thedog and the imposition of civil and criminal penaltieson the owner. (Ord. 338 § 20, 1998)6.10.210 Objection to declaration ofpotentially dangerous or dangerousdog.If the owner of the dog wishes to object to thedeclaration of potentially dangerous dog or dangerousdog, the owner may, within five days of serviceof the declaration, or within five days of the publicationof the declaration pursuant to this chapter,request a hearing before the Electric City municipalcourt by submitting a written request to theclerk of the court. (Ord. 338 § 21, 1998)6.10.220 Hearing – Findings – Court costs.(1) The hearing provided in this chapter shall beheld to the court without a jury.(2) If the court finds that there is insufficientevidence to support the declaration, the declarationshall be rescinded.(3) If the court finds sufficient evidence to supportthe declaration, it shall impose court costs onthe appellant and may issue orders for theimpoundment or destruction of the dog.(4) In the event the court finds that the animal isnot a potentially dangerous dog or a dangerousdog, no court costs shall be assessed against thecity of Electric City or the animal control authorityor officer. (Ord. 456 § 1, 2012; Ord. 338 § 22,1998)6.10.230 Restrictions pending hearing orappeal.Following service of a declaration of potentiallydangerous dog or dangerous dog, and pending ahearing before the municipal court or an appeal toany other court with jurisdiction, the owner of thedog shall keep the dog indoors or in a proper enclosureor under the restraint required by ECMC6.10.250. If the owner fails to keep the dog indoorsor in a proper enclosure or under restraint, an animalcontrol officer may impound the dog at theowner’s expense until a court orders either itsredemption or destruction. (Ord. 338 § 23, 1998)6.10.240 Notification of location by owner orcustodian.The owner of any dog found to be a potentiallydangerous dog or a dangerous dog under this chaptermust keep the animal control authority notifiedof the location of the dog at all times. (Ord. 338§ 24, 1998)6.10.250 Restraint of potentially dangerousdog or dangerous dog.It is unlawful for an owner of a potentially dangerousdog or dangerous dog to permit the dog tobe outdoors or outside the proper enclosure unlessthe dog is muzzled and restrained by a substantialchain or leash under physical restraint of a responsibleperson. The muzzle shall be made in a mannerthat will not cause injury to the dog or interferewith its vision or respiration but shall prevent itfrom biting any person or animal. (Ord. 338 § 25,1998)6.10.260 Registration of potentiallydangerous or dangerous dog.The animal control authority shall issue a certificateof registration to the owner of a dog found tobe potentially dangerous or dangerous under thischapter upon payment of the fees set forth inECMC 6.10.270 and if the owner presents to theanimal control authority sufficient evidence of:(1) A proper enclosure to confine the dog andthe posting of the premises with clearly visiblewarning signs that there is a potentially dangerousor dangerous dog on the property; and6-9

6.10.270 DOGS(2) A surety bond issued by a surety insurerqualified under Chapter 48.28 RCW in a formacceptable to the animal control authority in thesum of at least $50,000, payable to any personinjured by the dangerous dog; or(3) A policy of liability insurance, such ashomeowner’s insurance, issued by an insurer qualifiedunder RCW Title 48 in the amount of at least$50,000, insuring the owner for any personal injuriesinflicted by the potentially dangerous dog.(Ord. 338 § 26, 1998)6.10.270 Fees for certificate of registrationand annual renewal.In addition to regular dog licensing fees, theowner of a potentially dangerous dog or a dangerousdog shall be required to pay the fee for a certificateof registration in the amount set forth herein,or as hereafter amended. In addition, the owner ofa potentially dangerous dog or a dangerous dogshall pay an annual renewal fee for each doglicensed under this section in the amount set forthherein, or as hereafter amended, and shall submitproof of compliance with ECMC 6.10.190. Suchfees may be set from time to time by the resolutionof the city council.(1) Fee for the certificate of registration,$250.00;(2) Annual renewal, $200.00. (Ord. 456 § 1,2012; Ord. 338 § 27, 1998)6.10.280 Impoundment of potentiallydangerous or dangerous dog.An animal control officer shall immediatelyimpound any potentially dangerous or dangerousdog if the:(1) Dog is not validly registered under ECMC6.10.260 and 6.10.270;(2) Owner does not secure the surety bond orliability insurance coverage required in ECMC6.10.260;(3) Dog is not maintained in the proper enclosure;(4) Dog is outside of the dwelling of the owner,or outside of the proper enclosure, and not muzzledand under the restraint required in ECMC6.10.250. (Ord. 338 § 28, 1998)6.10.290 Subsequent offenses.If the potentially dangerous dog is involved in asecond violation, the dog may also be considered a“dangerous dog” pursuant to Chapter 16.08 RCWin addition to the penalties contained herein. (Ord.338 § 29, 1998)6.10.300 Supplementary provisions.The provisions of this chapter shall be supplementaryto the provisions of Chapter 16.08 RCWrelating to dangerous dogs. (Ord. 338 § 30, 1998)6.10.310 Violation – Penalty.(1) Any person who shall violate or fail to complywith any of the provisions of this chapter shallbe issued a notice of infraction in the followingamounts:(a) For the first offense, not otherwise listedin this section: $95.00;(b) For the second offense, within a twoyearperiod, not otherwise listed in this section:$250.00;(c) For each offense subsequent to the secondoffense, within a two-year period, not otherwiselisted in this section, the penalty shall increaseby an additional $125.00;(d) Failure to confine biting dog, firstoffense: $250.00;(e) Failure to confine biting dog, each subsequentoffense: $500.00;(f) Refusal or failure to produce rabid dog:$950.00;(g) Potentially dangerous dog violation,first offense: $250.00;(h) Potentially dangerous dog violation,each subsequent offense: $500.00;(i) Obstructing animal control officer orpolice officer enforcing this chapter: $750.00;(j) Failure to provide evidence of rabies vaccination:$55.00;(k) Failure to pay annual dangerous dog registrationfee: $925.00;(l) Tampering with traps: $500.00, eachoffense.(2) In addition to the above penalties, themunicipal court judge may add court costs andattorneys’ fees.(3) Such fines may be established from time totime by resolution of the city council.(4) Any owner of a potentially dangerous dogor a dangerous dog who fails to obtain a certificateof registration or renewal for such dog, asdescribed in ECMC 6.10.260 and 6.10.270, is inviolation of this chapter and shall be issued a noticeof infraction in the amount specified in this sectionor as hereafter amended or set by resolution; provided,however, that no such penalty shall beassessed until five days have elapsed from the datesuch owner is notified by the animal controlauthority that such a license or renewal for suchpotentially dangerous or dangerous dog is required,6-10

ELECTRIC CITY MUNICIPAL CODE 6.10.330or until any appeal brought under this chapter hasbeen completed, whichever is later.(5) Any owner of a potentially dangerous dogor dangerous dog who fails to keep such a dogunder the restraint required by this chapter is inviolation of this chapter and shall be issued a noticeof infraction in the amount of $500.00.(6) Any owner of a potentially dangerous dogor dangerous dog impounded under this chaptershall be subject to the same per-day impoundmentfees charged for a quarantined animal. Any potentiallydangerous dog or dangerous dog impoundeddue to the failure of the owner of such dog to obtainthe required certificate of registration (or renewal),and which remains impounded for a period of atleast 20 days due to the failure of the owner toobtain such certificate of registration (or renewal),may be destroyed in an expeditious and humanemanner by the animal control authority. Anypotentially dangerous dog or dangerous dogimpounded due to the failure of the owner of suchdog to confine it or restrain it in conformity withthis chapter and which remains impounded for aperiod of at least 10 days due to failure of theowner to pay the civil penalty or seek a hearing tocontest such civil penalty may be destroyed in anexpeditious and humane manner by the animalcontrol authority.(7) In addition to any other penalty set forth inthis chapter, the owner may be charged with anycriminal offense set forth in RCW 16.08.100. Theowner of any dog impounded under this chaptermay recover such dog from the animal controlauthority upon payment of such penalties and feesset forth in this section; provided, however, that theowner of any dog destroyed under this chaptershall be assessed an additional civil penalty in theamount of $50.00 for the cost of destroying suchdangerous dog.(8) If a potentially dangerous or a dangerousdog of an owner with prior conviction under thischapter attacks or bites a person or another domesticanimal, the dog’s owner may be charged with aClass C felony, punishable in accordance withRCW 9A.20.021. In addition, the potentially dangerousdog or dangerous dog shall be immediatelyconfiscated by an animal control authority, placedin quarantine for the proper length of time, andthereafter destroyed in an expeditious and humanemanner. The owner of any dangerous dog confiscatedand destroyed pursuant to this subsectionshall be subject to the same per-day impoundmentfees charged for any quarantined animal and$50.00 for the cost of destroying such dangerousdog. (Ord. 456 § 1, 2012; Ord. 364 § 26, 2005;Ord. 338 § 31, 1998)6.10.320 Enforcement.(1) Payment of all penalties and fees required tobe paid by owners for violations of the provisionsof this chapter shall be made to the city of ElectricCity.(2) No potentially dangerous dog or dangerousdog impounded by the animal control authorityshall be returned to any owner until such owner haspaid all penalties and fees which have beenassessed against such owner under this chapter.(3) Upon conviction for violations of the provisionsof this chapter, the city of Electric City shallhave authority to place a lien upon the real propertyof any owner of a dangerous dog or potentiallydangerous dog against whom a penalty and/or feehas been assessed under this chapter, and who hasbeen given notice of such penalty and/or has failedto pay such penalty; provided, however, that nosuch lien shall be placed until 30 days have elapsedfrom the date of any final determination of thevalidity of such penalty.(4) An owner who fails to pay a penaltyassessed under this chapter within 30 days afterexhausting any appellate remedies shall be punishableas set forth in ECMC 1.15.030. (Ord. 456 § 1,2012; Ord. 364 § 27, 2005; Ord. 338 § 32, 1998)6.10.330 Hearings.(1) Any owner against whom a penalty hasbeen assessed under this chapter may contest suchpenalty by requesting a hearing in the Electric Citymunicipal court by requesting such hearing withinfive days of notification of such penalty by the animalcontrol authority.(2) Where an owner has requested a hearingpursuant to subsection (1) of this section, no potentiallydangerous dog or dangerous dog which is inthe possession of the animal control authority shallbe destroyed until the resolution of such hearing;provided, however, that an additional daily fee inthe amount set by resolution for quarantined animalsshall be assessed against any owner whosedog remains in the custody of the animal controlauthority during any hearings requested under thissection where resolution of such hearing is that allor any part of the penalty and/or fee against suchowner is found to be properly assessed.(3) Following resolution of any contested hearingregarding a penalty as provided in this chapter,the owner of any dangerous dog or potentially dangerousdog in the possession of the animal control6-11

6.10.340 DOGSauthority shall pay all penalties and/or fees whichmay have been assessed as authorized above within10 days of the final resolution of any hearingregarding such penalties.(4) Any dangerous dog or potentially dangerousdog which has not been reclaimed from the animalcontrol authority by its owner within 10 daysof the final resolution of any hearing regarding anypenalties and/or fees under this section shall bedestroyed in an expeditious and humane manner;provided, however, that an additional fee in theamount of $125.00 for the cost of destroying suchdog shall be assessed against the owner, and maybe collected as provided in this chapter. (Ord. 364§ 28, 2005; Ord. 338 § 33, 1998)6.10.360 Immunity.The city of Electric City, the animal controlauthority and any animal control officer shall beimmune from any and all civil liability for anyactions taken pursuant to this chapter, or intent ofthis chapter to create on the part of the city of ElectricCity or its agents any special duties or relationshipswith specific individuals. This chapter hasbeen enacted for the welfare of the public as awhole. (Ord. 456 § 1, 2012; Ord. 338 § 36, 1998)6.10.340 Miscellaneous provisions.(1) If a dog which has been determined to be adangerous dog or potentially dangerous dog underthis chapter is destroyed or dies other than pursuantto ECMC 6.10.160, 6.10.200 or 6.10.310, theowner must present sufficient evidence of that factto the animal control authority. If an animal whichhas been determined to be a dangerous dog orpotentially dangerous dog under this chapter issold, given away, or otherwise disposed of, theowner must present verification of the dog’s newlocation to the animal control authority. Failure ofthe owner to provide such adequate proof willresult in the continued imposition of all civil andcriminal penalties under this chapter.(2) If any dog which has been declared dangerousor potentially dangerous in any other county,state or foreign country, or if any dog with a historyof behavior which, had such behavior occurred inthe city of Electric City, would lead to a determinationof dangerous dog or potentially dangerous dogunder this chapter, is brought to the city of ElectricCity, said dog must be taken to the animal controlauthority and such history disclosed within 10 daysof the time the owner first arrives in the city ofElectric City so that the animal control authority isaware of the dog’s behavior. The animal controlauthority in the city of Electric City will enforceand give effect to determinations of other jurisdictionsregarding dangerousness. (Ord. 456 § 1,2012; Ord. 338 § 34, 1998)6.10.350 Fees and penalties – Establishment.All fees and penalties deemed appropriate forenforcement of this chapter may be establishedfrom time to time by resolution of the city council.(Ord. 456 § 1, 2012; Ord. 338 § 35, 1998)6-12

Title 7(Reserved)7-1

Chapters:8.05 Garbage Collection and Disposal8.08 Noise Control8.10 Noxious Weeds8.15 Outdoor Burning8.20 Repealed8.26 NuisancesTitle 8HEALTH AND SAFETY8-1

ELECTRIC CITY MUNICIPAL CODE 8.05.030Chapter 8.05GARBAGE COLLECTION AND DISPOSALSections:8.05.010 Purpose.8.05.020 Application of chapter.8.05.030 Definitions.8.05.040 City authority, rules and regulations,and administrative responsibility.8.05.050 Property owner responsibilities.8.05.060 Garbage collection hauling anddisposal businesses prohibited.8.05.070 Prohibited use.8.05.080 Scavenging prohibited.8.05.090 Mandatory collection – Receptaclesrequired.8.05.100 Dead animal removal.8.05.110 Curbside or special service.8.05.120 Extra garbage – Determination ofvolume.8.05.130 Commercial garbage service.8.05.140 Unlawful disposal.8.05.150 Frequency of collection.8.05.160 Temporary discontinuance ofcollection service.8.05.170 Hazardous waste.8.05.180 Collection and disposal charges.8.05.190 Disposal charges – Applicable taxesincluded.8.05.200 Billing for collection servicedelinquent bills.8.05.210 Rate schedule.8.05.220 Eligibility for low-income rate.8.05.230 Waiver of garbage fees for newbuildings under construction.8.05.240 Solid waste department and fund.8.05.250 Exceptions.8.05.260 Penalty for violations.Prior legislation: Ords. 258 and 324.8.05.010 Purpose.The city finds that it is in the interest of the publichealth, safety and welfare to require and regulatethe removal, collection and disposal ofgarbage, refuse, waste, rubbish, debris, discardedfood, animal and vegetable matter, brush, grass,weeds, cans, glass, ashes, swill and boxes and cuttingsfrom trees, lawns and gardens. It is the intentionhereof to make the collection, removal anddisposal of garbage, refuse and dead animalswithin the city compulsory and universal. (Ord.456 § 1, 2012; Ord. 358 § 1, 2003)8.05.020 Application of chapter.This chapter shall apply to the corporate citylimits of the city of Electric City. (Ord. 456 § 1,2012; Ord. 358 § 2, 2003)8.05.030 Definitions.As used in this chapter, unless the context indicatesotherwise:(1) “Ashes” means solid waste products of coal,wood, or other fuels used for heating and cooking,from all public and private establishments andfrom all residences.(2) “Can” means a watertight, galvanized, sheetmetal or plastic receptacle of a tapered design notexceeding 32 gallons in capacity, four cubic feet or12 pounds when empty and 75 pounds when full,fitted with two handles and a tight-fitting lid. A canshall be watertight, rodent and insect proof, andshall be kept in a sanitary condition at all times.Alternate receptacles such as bags, boxes and bundlesmay be used in place of a can; provided, that acustomer’s primary receptacle shall always be acan or cart.(3) “Cart” means a plastic receptacle on wheelswith handles and a tight-fitting cover capable ofbeing mechanically unloaded into collection vehiclesoperated by the contractor in accordance withthe collector’s contract. Cart weights shall notexceed a maximum of 95 pounds for a 65-galloncart or a maximum of 130 pounds for a 95-galloncart.(4) “Combustible rubbish” or “burnable material”means, in general, the organic component ofrefuse, paper, rags, cartons, boxes, wood excelsior,furniture, bedding, rubber, plastics, leather, treebranches, lawn trimmings, and the like.(5) “Commercial refuse” means all solid wastesthat originate in businesses, office buildings,stores, markets, theaters and other buildings, andshall include all service points not covered by theterm “residence.”(6) “Compost” means a mixture that consistslargely of decayed organic matter and is used forfertilizing and conditioning land.(7) “Container” means a detachable containerwhich is to be left at a customer’s premises and tobe emptied into the collector’s truck and which islifted by mechanical means. All such containersshall be metal or of another material found by collectorto be equally good for such purpose, easilycleanable and insect proof and approved by thecity. If the containers are to be used for wet wasteof any kind, they shall be watertight and have metalor plastic lids.8-3

8.05.030 GARBAGE COLLECTION AND DISPOSAL(8) “Contractor” or “collector of refuse” meansthe individual, firm, association, co-partnership,corporation or any other entity whatsoever, includingthe city of Electric City, which collects garbage,rubbish, refuse, solid waste, or other wastematerial in the city of Electric City under anyarrangement whatsoever.(9) “Garbage and refuse” means all putrescibleand nonputrescible solid and semisolid wastes,including but not limited to animal and vegetablewastes. “Garbage and refuse” is a generic termused in this chapter to mean garbage, rubbish,ashes, swill, carcasses of dead animals, and allother putrescible and nonputrescible wastes. Garbagedoes not include hazardous wastes which arethose waste products which the city collector isunable to collect, transport or dispose of because ofpotential danger to personnel, equipment or landfillsite or which rules of the health department, theWashington State Department of Ecology, or theEnvironmental Protection Agency, prohibit it fromcollecting, transporting or disposing of through thedesignated disposal system.(10) “Hazardous wastes” means dangerouswastes requiring special handling including, butnot limited to, explosives, pathological wastes,radioactive materials and chemicals.(11) “Health officer” means the county healthofficer as defined in RCW 70.05.010, or theirauthorized representatives.(12) “Occasional extra refuse” is disposablegarbage in addition to the number of containers forwhich a customer has requested regular service.(13) “Open burning” means the burning ofsolid wastes in an open area or burning of solidwastes in a type of chamber or vessel that is notapproved in regulations.(14) “Person” means any individual, firm, association,co-partnership, political subdivision, governmentagency, municipality, industry, public orprivate corporation, or any other entity whatsoever.(15) “Pollution” means the presence in theenvironment or portion of the environment of contaminatingsubstances, materials, forms of animalsor plant life in sufficient quantities and of suchcharacteristics and duration, as is or is likely to beinjurious to humans, to other plant of animal life, orproperty, or which unreasonably interferes withenjoyment of life and property.(16) “Premises” means any dwellings, flats,apartments, rooming houses, hotels, clubs, restaurants,hospitals, schools, boardinghouses, eatingplaces, shops and places of business, or any otherbuilding or structure.(17) “Putrescible” means capable of beingdecomposed by micro-organisms with sufficientrapidity as to cause nuisances from odors, gases,etc. Kitchen wastes, offal and dead animals areexamples of putrescible components of solidwaste.(18) “Receptacle” means a container, vessel orholder, approved by the city for storing garbageuntil collected by the city’s solid waste and disposalsystem and includes cans, carts and/or containers.(19) “Residence” means the place of dwellingof one head of family and his or her dependents.(20) “Rubbish” means all discarded nonputresciblesolid waste except ashes, includingpaper, cardboard, tin cans, wood, glass, bedding,yard clippings, etc., from all public and privateestablishments and residences.(21) “Scavenging” means the uncontrolledpicking of materials.(22) “Special pickup” means collection of regularservice, upon request of the customer, on a dayor at a time other than the regularly scheduled dayand time. Any amount collected upon such requestthat is in excess of the regularly scheduled serviceshall be charged for an additional charge listed inthe schedule of charges.(23) “Swill” means and includes every refuseaccumulation of animal, fruit or vegetable matter,liquid or otherwise, which attends the preparation,use, cooking, dealing in or storing of meat, fish,fowl, fruit, and vegetables.(24) “Unsanitary condition” means any situationwhich negatively affects the health and generalwelfare of humans or is of such a character to belikely to be injurious to humans, plant or animallife, or property, or which unreasonably interfereswith the enjoyment of life or property.(25) “Vacant” means not lived in or occupied.(26) “Waste” means useless, unused, unwantedor discarded materials. Waste includes solids, liquids,and gases. The gases are principally industrialfumes and smoke; the liquids consist mainly ofsewage and the fluid part of industrial wastes, thesolids are classed as refuse or solid wastes.(27) “Yard waste” means leaves, grass, pruningand clippings of woody as well as fleshy plants.Materials larger than four inches in diameter andthree feet in length shall not be considered yardwaste. Yard waste does not include dirt, rocks, andsod. Christmas trees will be considered yard wasteif they have been cut and bundled to a maximumlength of three feet.8-4

ELECTRIC CITY MUNICIPAL CODE 8.05.090(28) Words herein used in the present tenseinclude the future tense, and the singular includethe plural and in the plural include the singular, andin the masculine include the feminine gender. (Ord.456 § 1, 2012; Ord. 358 § 3, 2003)8.05.040 City authority, rules andregulations, and administrativeresponsibility.The city is empowered to carry out all the termsand provisions of this chapter and to collect anddispose of refuse in the manner provided herein.The city shall have the power, from time to time,by resolution or after council consideration bymotion duly made and passed, to set forth anddetermine rules and regulations, duties and responsibilities,and such other matters as may be necessaryin the discretion of its city council for theproper execution of this chapter. Rates shall beestablished by ordinance.Administrative responsibility of this chapter isdelegated to the mayor of the city and the city clerkwho shall have charge and control of the work ofthe collector of refuse. The city clerk or his or herdesignee may make inspections to enforce thischapter and may notify the property owner, customer,and solid waste collector that he or she is inviolation of this chapter. The city clerk shall establishany policies and procedures which are consistentwith the chapter and which he or she finds arenecessary for good administration. The clerk shallalso have charge of all collections and the enforcementof all charges for services rendered. (Ord. 456§ 1, 2012; Ord. 358 § 4, 2003)8.05.050 Property owner responsibilities.All applications for garbage service shall bemade by the property owner. It is the intent of thecity that all utility deliveries, whether electric,water, sewer, garbage or some combinationthereof, shall be deliveries of services and/or utilitiesto the property served.The owner of property, including rental properties,is responsible for payment of any and all utilitycharges provided to such property/properties.Billing will be made to the tenant if requested inwriting. If a tenant incurs a past due account balance,both the tenant and the landowner willreceive a delinquency notice. If the accountbecomes delinquent or the tenant does not pay aclosing bill, including any fees or penalties, thebilling charges become the responsibility of theproperty owner for payment. (Ord. 456 § 1, 2012;Ord. 358 § 5, 2003)8.05.060 Garbage collection hauling anddisposal businesses prohibited.It is unlawful for any person, firm or corporation,other than the city of Electric City’s authorizedcontractor, to engage in the business ofcollection, hauling or disposal of garbage refuse orwaste, as defined in this chapter, within the citylimits without having obtained a franchise for saidbusiness issued by the city council. (Ord. 456 § 1,2012; Ord. 358 § 6, 2003)8.05.070 Prohibited use.It is unlawful for any person, firm or corporationto use the city’s garbage collection service for anyhazardous material, waste, refuse or other materialprohibited by this chapter. (Ord. 456 § 1, 2012;Ord. 358 § 7, 2003)8.05.080 Scavenging prohibited.It is unlawful for any person, firm or corporation,other than the city, the city’s garbage contractor,or a private disposal company franchised bythe city, to scavenge, remove or collect any garbageor refuse after a customer for collection hasset it out. (Ord. 456 § 1, 2012; Ord. 358 § 8, 2003)8.05.090 Mandatory collection – Receptaclesrequired.(1) It shall be mandatory for all property owners,occupants of premises, and other persons disposingof solid waste within the corporate limits ofthe city to use the solid waste collection and disposalsystem established and administered by thecity of Electric City. Accordingly, every person inpossession, charge or control of any house, dwelling,multi-unit residence, apartment house, trailer,court or any building shall be charged for solidwaste collection service at the rates hereinafterspecified, whether such person uses such service ornot.(2) Customers must restrain dogs beyond thereach of the garbage receptacles and prevent anyinterference with collection and disposal.(3) It shall be the duty of every person in possession,charge or in control of any house or dwelling,or of any rooming house, multi-unit residence,apartment house, or trailer court to keep or cause tobe kept individual garbage cans or carts for eachdwelling or unit therein; provided, in lieu of or inaddition to garbage cans, apartment houses andtrailer courts may use carts or containers, as hereinafterspecified. Cart or containers shall be placedat the curb or edge of the public street abutting theproperty no later than 7:00 a.m. on the day of col-8-5

8.05.100 GARBAGE COLLECTION AND DISPOSALlection. Carts shall be placed in residential districtsnot more than 12 hours before the scheduledpickup and shall be removed from street view aftercollection of garbage, no later than 7:00 p.m. theevening following collection. Those customerswith alley collection may leave their containersabutting the alley unless the collector or cityrequests the customer to store the container elsewheredue to space constraints or health and safetyconcerns. In the event that any receptacle is inaccessibleto the collector, the city shall refuse collectionservice. Such refusal shall not relieve thecustomer of the obligation to pay the regular servicefee.(4) Replacement of carts shall be made on thefollowing basis: replacement necessitated by damageor negligence or normal wear and tear due tothe contractor shall be made at the contractor’sexpense. Replacement necessitated by loss due tocustomer negligence and for all other reasons shallbe at the customer’s expense.(5) The contractor shall provide cleaned andsanitized carts or containers for all new accounts.(6) All carts shall be the responsibility of thecustomer for cleaning, simply by washing out.(7) The carts are the property of the contractor.The contractor shall keep on file a serialized list ofnumbers to the specific address for service. Allcarts must be returned to the contractor upon cartaccount termination. Any owner or occupant failingto return a cart will be charged replacementcost by the contractor.(8) No garbage or refuse container shall containdirt, rock, construction materials, hazardous wasteor hot ashes.(9) The garbage collector shall place tagsdescribing any violations on garbage receptaclesfound to be in violation of this chapter, and notifythe city. If the customer does not remedy the violationbefore the next scheduled pick up day, the contractormay suspend service until the violation iscorrected. Such refusal shall not relieve the customerof the obligation to pay the regular servicefee and shall not relieve the property owner fromthe duty of complying with the provisions of thischapter.(10) The city’s contractor shall provide or makeavailable and maintain all detachable containersand carts. Containers and carts furnished by thecity’s contractor shall display the contractor’sname and phone number on the cart or container.(11) Those receptacles found to be defective orillegal (defective bottoms, crushed so that lids willnot fit, 55-gallon barrels, no handles, waste baskets,paper drums, etc.) or any other containers thatare found to be in violation of this chapter shall besubject to impounding and disposal by the solidwaste collector. Such impoundment shall notrelieve the customer of the obligation to pay theregular service fee and shall not relieve the propertyowner from the duty of complying with theprovisions of this chapter.(12) Refuse or garbage receptacles shall not befilled with dishwater, swill or other liquid or semiliquidkitchen wastes. (Ord. 456 § 1, 2012; Ord.358 § 9, 2003)8.05.100 Dead animal removal.It shall be the duty of every person in possession,charge, or control of any dead animal or uponwhose premises the same may be located, to disposeof the same or cause the same to be disposedof. (Ord. 358 § 10, 2003)8.05.110 Curbside or special service.(1) “Curb service” entitles the customer to havereceptacles picked up at the curb or street edge ofhis or her property, or within zero to five feet of analley if one is available.(2) Any customer with curb service may leaveat the curb, public street edge or alley extra boxesand bagged or bundled materials (in addition tohis/her regular service). Such extra bags or bundledmaterials, not exceeding 75 pounds (in total weightof container and refuse) for each item, shall then bepicked up along with their receptacles for an additionalcharge listed in the schedule of charges.(3) A residential customer who desires to havehis or her solid waste carried out by the collectorfrom a place on his or her property other than thecurb or public street may arrange to have “carryoutservice.” Any customer on carryout service mayleave receptacles at any consistent and reasonableaccessible place on his or her property, so long asit does not require the collector’s employees toenter a building. Any customer on carryout servicemay have extra boxes, bagged or bundled materialsnot exceeding 75 pounds (in total weight of containerand refuse) each, carried out along with theregular garbage service (in addition to his/her regularservice). Such extra bags or bundled materials,not exceeding 75 pounds for each item, shall thenbe picked up along with the receptacles for an additionalcharge listed in the schedule of charges.(4) Any customer may call the city for a “specialpickup,” and the collector shall respond assoon as possible, not to exceed 48 hours from thedate the collector receives such notice. Customer8-6

ELECTRIC CITY MUNICIPAL CODE 8.05.170will be charged the special pickup fee as listed inthe schedule of charges.(5) In case of any dispute as to where customerson curb service are to place such receptacles, thedecision of the mayor after consultation with thecollector and customer shall be final. (Ord. 456 § 1,2012; Ord. 358 § 11, 2003)8.05.120 Extra garbage – Determination ofvolume.The volume of extra garbage which is placed forcollection not in a can, cart or container will bedetermined by the collector’s driver on a per equivalentcan basis if less than one cubic yard total oron a per cubic yard basis if one cubic yard or more.(Ord. 358 § 12, 2003)8.05.130 Commercial garbage service.(1) All uses shall be deemed commercial forpurposes of this chapter if a business is operatingon the premises.(2) All containers/dumpsters shall be placed ina location accessible to the collector on collectionday.(3) If an approved home occupation is carriedon in a residential zone as allowed by the city ofElectric City, the resident shall pay only for residentialservice unless an unsanitary conditiondevelops and so long as there is never more thanfour garbage cans or the equivalent put out for collection.In the event a dispute arises over whether ahome occupation should be required to pay residentialor commercial rates, the mayor shall makethe determination as to what service is being usedor should be used and therefore what service is tobe charged. The decision of the mayor shall befinal.(4) “Carryout service” for commercial customerswill entitle the customer to have receptaclespicked up and carried out by the collector one ormore times each week. Any commercial customeron either carryout service or curb service mayplace extra boxed, bagged or bundled garbage inaddition to their regular service to be picked up foran additional charge listed on the schedule ofcharges.(5) All containers shall be placed in a locationaccessible to the collector on collection day.(6) Containers should not be overfilled. Theyshall not be loaded so heavily that the collectorcannot easily move them. They shall be placed onhard and level surfaces. Lids should close properlywhen the container is full. Should the customeroverfill the container, there shall be an additionalcharge as set forth in the schedule of charges.(7) Any container customer may call for a specialpickup and the collector shall respond as soonas possible and in any event not to exceed 48 hours,at a rate specified in the schedule of charges. (Ord.456 § 1, 2012; Ord. 358 § 13, 2003)8.05.140 Unlawful disposal.(1) It is unlawful to burn, deposit, throw, dumpor place garbage, refuse or swill in any lane, alley,and street or on any public or private propertyregardless of ownership. It is unlawful for any personto collect, remove, or in any manner dispose ofgarbage, refuse or swill upon any street, alley, publicor private property within the city otherwisethan as herein provided.(2) Persons in any zone may burn brush, leaves,grass, untreated wood, limbs, weeds or other vegetable-typematter in the open so long as all otherlocal, state and federal laws are observed.(3) No compost pile shall be kept or maintainedunless appropriate measures are taken to preventthe presence of flies, insects, bugs, rodents or otherpests or menace to public health and welfare. (Ord.456 § 1, 2012; Ord. 358 § 14, 2003)8.05.150 Frequency of collection.The city’s contractor or franchise collector ofgarbage and refuse shall collect, remove and disposeof all garbage and refuse in the residential sectionof the city at least once each week. (Ord. 456§ 1, 2012; Ord. 358 § 15, 2003)8.05.160 Temporary discontinuance ofcollection service.A customer may request voluntary discontinuanceof garbage collection service during periodsfor a minimum of one month that the premises arevacant. A cart system rental or pickup and stopcharge may apply. However, if a cart is lost or stolenthe customer will be required to pay replacementcost to the contractor as set forth in theschedule of charges. (Ord. 358 § 16, 2003)8.05.170 Hazardous waste.Hazardous waste shall not be the responsibilityof the collector of garbage and refuse and shall bedisposed of in accordance with all local, state, andfederal law directly by the person producing suchwaste. (Ord. 358 § 17, 2003)8-7

8.05.180 GARBAGE COLLECTION AND DISPOSAL8.05.180 Collection and disposal charges.Charges for refuse collection and disposal shallbe compulsory for every building in the city andshall be billed in conjunction and simultaneouslywith statements issued by the city for water andsewer services. The charges or accounts shall bepaid at the City Hall on or before 5:00 p.m. on thetwentieth day of each month, and if not paid shallbecome delinquent with a $15.00 late fee added atthat time. Service may be suspended for nonpaymentof such accounts within five working days ofnotice. Suspension shall not relieve the personowing such account from the duty of complyingwith the provisions of this chapter. It shall be theresponsibility of each person furnished garbagecollection service to notify the utility department ofany desired suspension of service during vacancyof the premises. Upon failure to pay the charges forgarbage collection and disposal, the amount thereofshall become a lien against the real estate as providedin RCW 35.21.140. The owner of premisesreceiving benefit of garbage and refuse collectionservices shall be responsible for payment of allcharges. (Ord. 456 § 1, 2012; Ord. 358 § 18, 2003)8.05.190 Disposal charges – Applicable taxesincluded.All charges in this chapter include taxesimposed on the collector by state law. (Ord. 358§ 19, 2003)8.05.200 Billing for collection servicedelinquent bills.Delinquent bills may be collected by the city byuse of one or more of the following cumulativeremedies:(1) All garbage and refuse service to the premisesmay be suspended. Such suspension shallnot relieve the owner of the premises from payingthe delinquent account or from accruing additionalmonthly charges during the period of suspension.Further, such suspension shall not relieve theowner of the premises from an obligation to complywith all provisions of this chapter, and an accumulationof garbage or refuse on the premises mayresult in an action by the city for abatement of ahealth hazard.(2) A civil collection action may be institutedagainst the owner of the premises and/or the personor persons occupying the same during the periodthat the delinquent account arose. If the city obtainsjudgment against such parties, it shall also be entitledto judgment for court costs and reasonableattorney’s fees expended in said litigation.(a) The amount of a delinquent accountshall constitute a lien against the property forwhich the garbage collection service was rendered.In order to enforce said lien, the city must file anotice of the same with the Grant County auditorwithin 90 days from the date on which the serviceswere performed. Such notice must comply withRCW 35.21.140. The city may file a judicial actionto foreclose said lien within a period of eight calendarmonths after the lien was filed. If the cityobtains judgment on said lien, it shall also be entitledto judgment for court costs and reasonableattorney’s fees incurred in said litigation.(b) The amount of a delinquent account maybe referred to a commercial collection agency forcollection (in addition to all fees and charges thatare charged by the collection agency). (Ord. 456§ 1, 2012; Ord. 358 § 20, 2003)8.05.210 Rate schedule.Pursuant to this chapter, the following rates arehereby established for the collection and disposalof solid waste within the corporate boundary of thecity of Electric City:(1) Residential Service. These rates apply to allsingle-family residences. One pickup per week collectionof garbage and refuse properly containedand placed by the occupant.Service Description Per MonthAmount36-gallon cart $25.0536-gallon cart**Income eligible customers at least 65 years of age or permanently and totally disabled only. $18.8065-gallon cart ~ maximum weight of 95 lbs. $27.0065-gallon cart ~ maximum weight of 95 lbs.**Income eligible customers at least 65 years of age and/or permanently and totally disabled only. $20.2595-gallon cart ~ maximum weight of 130 lbs. $34.25Occasional extra (per 36-gallon unit/pickup) $6.308-8

ELECTRIC CITY MUNICIPAL CODE 8.05.210(2) Commercial Service Collection. These rates apply to commercial businesses, which are defined as allother buildings, etc., other than a single-family residence and as defined in this chapter. Minimum of onepickup per week, collection of garbage and refuse properly contained and placed by the occupant. The minimumcharge per each business or commercial account shall be $27.75 per month.Service DescriptionPickup One Time Per Week ~ Monthly RateAmount36-gallon cart $27.7565-gallon cart ~ maximum weight of 95 lbs. $35.8595-gallon cart ~ maximum weight of 130 lbs. $45.35Occasional extra (per 36-gallon equivalent/pickup) $6.30(3) Container Garbage Collection. The rate for handling of detachable containers, approved by the city andthe city’s contractor for use by commercial and industrial businesses for minimum of one pickup per week shallbe as follows:Service DescriptionPickup One Time Per Week ~ Monthly Rate Amount Each Additional PickupOne cubic yard $86.50 $77.80One and one-half cubic yard $124.00 $115.36Two cubic yard $161.00 $138.80Four cubic yard $306.50 $277.45Six cubic yard $454.70 $416.50Occasional extra (per cubic yard/pickup) $22.30 N/AMonthly flat rental charge shall be included in the respective collection and disposal charge.(4) Drop Box Garbage Collection. The fees for handling drop boxes approved by the city and the contractorfor use for special and temporary garbage/refuse collection shall be billed directly to the customer by the contractor.Drop box garbage collection is for 10-yard containers or larger at unscheduled times or on call, whichwould vary the dispatch of the collection truck, personnel, and equipment.(5) Compactor Garbage Collection. Customer furnished: The rate for handling compactors that compactgarbage at a three-to-one or more ratio approved by the city and city’s contractor for use by commercial andindustrial customers for a minimum of one pickup per month shall be as follows:Service Description (Per Pick-up Rate)20-yard compactor (does not include special pickup and delivery charge;does not include disposal fee which is charged directly from landfill)30-yard compactor (does not include special pickup and delivery charge;does not include disposal fee which is charged directly from landfill)Special delivery and pick-up (travel time for truck from Okanogan per hourfor 20- and 30-yard roll-off containers)Haul Rate$383.90$438.70$235.00The rates include collection and hauling only and do not include disposal fees charged by the landfill. Thecustomer shall receive separate billing from the landfill for disposal of refuse. All 20- and 30-yard containersshall be billed special delivery and pickup costs for travel from the contractor’s main office in Okanogan toElectric City and back. Several customers at the discretion of the city can share the special delivery and pickupcharge. (Ord. 447 § 1, 2011; Ord. 385 § 1, 2007; Ord. 369 § 1, 2005; Ord. 361 § 1, 2004; Ord. 358 § 21, 2003)8-9

8.05.220 GARBAGE COLLECTION AND DISPOSAL8.05.220 Eligibility for low-income rate.A low-income disabled and/or senior citizen ofa single-family dwelling unit in the city of ElectricCity shall be eligible for the senior citizen garbageand refuse collection rate under the following conditions:(1) The rate reduction set out in this chaptershall be allowed only for residential garbage service.These garbage services shall serve a locationutilized solely for residential purposes and shall notserve a location utilized for other purposes such asa home occupation, commercial or industrial establishment.(2) The person claiming eligibility must occupythe dwelling unit as his or her principal place ofresidence.(3) The person claiming the rate must be thehead of the household for the dwelling unit served.(4) No person may claim discounted incomegarbage and refuse collection rate for more thanone dwelling unit during the same period.(5) The garbage account must be in the name ofthe person claiming eligibility.(6) The person claiming eligibility for the discountedrate must qualify as follows: the city’scontractor must make the determination as towhether a person is eligible for the senior citizenrate. (Ord. 456 § 1, 2012; Ord. 358 § 22, 2003)8.05.230 Waiver of garbage fees for newbuildings under construction.During construction of a new building, a contractormay request connection to city utilities.Unless requested, however, city garbage collectionfor said premises shall not commence, and garbagefees shall not be charged, until the date of firstoccupancy of the building. (Ord. 456 § 1, 2012;Ord. 358 § 23, 2003)8.05.240 Solid waste department and fund.For the purpose of carrying into effect the provisionsand aims of this chapter there is hereby establishedand created a department to be known as thecity garbage service. There is created and establisheda special fund to be known and designated asthe city garbage service fund. All money receivedby the city for the collection and disposal of garbageand refuse shall be placed in such fund and theexpense of such garbage collection and disposalshall be paid therefrom. (Ord. 456 § 1, 2012; Ord.358 § 24, 2003)8.05.250 Exceptions.The policy of universal collection of refuse andgarbage within the city by the city as set forth in theforegoing sections of this chapter shall not apply inthe following situations:(1) The collection, transportation and disposalof medical, biomedical, biohazardous and/or infectiouswaste from generators within the city shallnot be exclusive to the city-operated sanitation system.In addition to the city, any licensed hauler ofsuch materials authorized to operate in the city mayprovide such services.(2) It shall be the responsibility of the generatorof such wastes to arrange for their proper collection,transportation and disposal.(3) Any licensed hauler operating in the city forthe purposes of collection, transportation and disposalof such wastes shall be subject to all licenserequirements of the city and shall be responsible topay any utility tax imposed by the city on the occupationof garbage or solid waste collection.(4) For purposes of this section, medical, biomedical,biohazardous and infectious waste is consideredto be any biologic material produced withina health care facility for which special precautionsare taken within that facility to reduce potentialexposure of the health care facility staff, to includebut not limited to the untreated solid waste asdefined by the Washington Utilities and TransportationCommission in WAC 480-70-050 as follows:(a) Animal waste;(b) Liquid human body fluids;(c) Cultures and stocks;(d) Bio-Safety Level 4 disease waste;(e) Pathological waste; and(f) Sharps waste.(5) A “generator of medical, biomedical, biohazardousand infectious waste” is defined as anyperson, firm, partnership, corporation, publicentity, joint venture or otherwise which producesany of the defined wastes. Nothing herein shall preventan individual exempted from the definition ofa generator from electing to employ a licensedhauler to collect, transport and dispose of that person’smedical, biomedical, biohazardous and/orinfectious waste.(6) A “generator of waste” as defined in thissection that disposes of such waste by other thanthe city or an approved collector, transporter anddisposer shall be deemed to have committed a civilinfraction for each violation with a nondeferrable,nonsuspendable penalty for violation as providedherein. (Ord. 456 § 1, 2012; Ord. 358 § 25, 2003)8-10

ELECTRIC CITY MUNICIPAL CODE 8.08.0108.05.260 Penalty for violations.Every person or corporation who violates any ofthe provisions of this chapter shall be deemed tohave committed a civil infraction and shall be subjectto a penalty as set forth in Chapter 1.15 ECMC.Each violation shall constitute a separate violation.Each day a violation exists constitutes a separateviolation of this chapter. (Ord. 358 § 26, 2003)Chapter 8.08NOISE CONTROLSections:8.08.010 Findings.8.08.020 Declaration of policy.8.08.030 Maximum environmental noise levels.8.08.040 Public disturbance noise prohibited.8.08.050 Designation of zoned areas.8.08.060 Exceptions.8.08.070 Enforcement.8.08.080 Violations – Penalties.8.08.090 Chapter additional to other law.8.08.100 Severability.8.08.010 Findings.(1) Excessive noise is a form of pollution whichhas direct and harmful effects upon the health andwelfare of persons exposed to such sounds, lowersthe value of impacted properties and generallyadversely affects the liveability, peace and comfortof the impacted neighborhoods and the city as awhole.(2) Due primarily to the sound characteristicsand manner of use, excessive noise from portableand motor vehicle audio equipment such as tapeplayers, radios and compact disc players is a particularlydisruptive form of noise pollution involvingsaid harmful effects and impacts upon persons,property, neighborhoods and occurring in or nearvehicular traffic, such noise presents a danger totraffic safety.(3) Excessive noise from said audio equipmentoccurring within the city park system has a harmfulimpact upon the use and enjoyment of park areasby other park users, has the effect of discouragingmany from utilizing certain park areas and hascaused said noise pollution harmful effects uponadjacent private properties, persons and neighborhoods.(4) Noise from said audio equipment which canbe clearly heard from 75 feet or more from thesource of the sound is in excess of the maximumpermissible sound level allowed to be generated orreceived in either residential or commercial areasof the city, involves excessive noise impacts, createsnoise pollution within such area; and, whenoccurring in or near vehicular traffic, presents adanger to traffic safety.(5) Technology has allowed the proliferation ofcommercially accessible types of audio equipment,both portable and installed in motor vehicles,which can be amplified so as to produce excessive8-11

ELECTRIC CITY MUNICIPAL CODE 8.08.080player, which is operated at such a volume so as tobe audible at a distance of 50 feet or more from thesource of the sound. (Ord. 459 § 1, 2012; Ord. 375§ 1, 2006)8.08.050 Designation of zoned areas.The EDNA (“Environmental Designation forNoise Abatement”) is established as follows:(1) Residential zones, Class A EDNA;(2) Commercial zones, Class B EDNA;(3) Industrial zones, Class C EDNA. (Ord. 459§ 1, 2012; Ord. 375 § 1, 2006)8.08.060 Exceptions.(1) Exceptions may be granted to any personfrom any requirement of ECMC 8.08.040 if findingsare made that any such exception is in the publicinterest and that the proposed activity will havea substantial public participation, i.e., festivals,parades and other community celebrations.(2) Exceptions may be granted to any personfrom any requirement of ECMC 8.08.030 if findingsare made that immediate compliance withsuch requirement cannot be achieved because ofspecial circumstances rendering immediate complianceunreasonable in light of economic or physicalfactors, encroachment upon existing noisesource or because of nonavailability of feasibletechnology or control methods.(3) Applications shall be made to the mayor.Exceptions shall be issued only upon application inwriting and after providing such information asmay be requested. No exception shall be issued fora period of more than 30 days, except upon duenotice to the public with opportunity to comment tothe city planning commission. The city planningcommission shall make a recommendation forapproval or disapproval to the city council in allsuch cases. The city council shall then make a finaldetermination of approval or disapproval of anexception for a period exceeding 30 days. Publichearings may be held before the city planning commission,in any case, when substantial public interestis shown at the discretion of the mayor.(4) Any such exceptions or renewal thereofshall be granted only for the minimum time periodfound to be necessary under the facts and circumstances.(5) An implementation schedule for achievingcompliance with this chapter shall be incorporatedinto any exception from ECMC 8.08.030 that isissued.(6) Sources of noise, subject to this chapter,shall immediately comply with the requirements ofthis chapter, except in extraordinary circumstanceswhere overriding considerations of public interestdictate the issuance of an exception. (Ord. 459 § 1,2012; Ord. 375 § 1, 2006)8.08.070 Enforcement.(1) Noise measurement is not necessary for theenforcement of ECMC 8.08.040.(2) Noise measurement for the purpose ofenforcing the provisions of any section of thischapter shall be measured in dB(A) with a soundlevel meter in good operating condition, and properlycalibrated.(3) Except for parks and recreation areas, or anysounds from motor vehicles or motor vehicle audiosystems, enforcement of ECMC 8.08.040 shall beundertaken only upon receipt of a complaint by anidentifiable person who resides, owns property, oris employed in the area affected by the noise complainedof.(4) Absent a complaint, whenever a policeofficer commissioned by the city or other personempowered by the mayor has reason to believe thatany person is in violation of ECMC 8.08.040, heshall, before the issuance of a notice of infraction,notify such person of the violation and requestcompliance with this chapter. Failure of any personto cease after notification thereof of any violationof ECMC 8.08.040 shall be cause for the issuanceof a notice of infraction.(5) The section of this chapter relating to motorvehicles and noise emanating therefrom shall besubject to enforcement proceedings regardless ofwhether a complaint has been received. No warningneed be issued prior to enforcement of a motorvehicle noise violation.(6) For enforcement purposes each day, definedas a 24-hour period beginning at 12:01 a.m. inwhich a violation of this chapter occurs, shall constitutea separate violation. (Ord. 459 § 1, 2012;Ord. 375 § 1, 2006)8.08.080 Violations – Penalties.Any person found to be in violation of the provisionsof ECMC 8.08.030 or 8.08.040 shall bedeemed to have committed a civil infraction andfor each violation shall be subject to a civil penaltyas follows:(1) First violation in any 12-month period:C-14 penalty.(2) Second violation in any 12-month period:C-9 penalty.(3) Third and subsequent violations in any 12-month period: C-6 penalty.8-13

8.08.090 NOXIOUS WEEDSIn any proceeding under this chapter, unless specificallyrequired by regulations adopted herein byreference, evidence of sound level through use ofsound level meter readings shall not be necessaryto establish the commission of the violation. Eachday of violation shall be deemed a separate violation.(Ord. 459 § 1, 2012; Ord. 375 § 1, 2006)8.08.090 Chapter additional to other law.The provisions of this chapter shall be cumulativeand nonexclusive and shall not affect any otherclaim, cause of action or remedy; nor, unless specificallyprovided, shall it be deemed to repeal oramend or modify any law, ordinance, or regulationrelating to noise, but shall be deemed additional toexisting legislation and common law on noise.(Ord. 459 § 1, 2012; Ord. 375 § 1, 2006)8.08.100 Severability.If any action, part of section, sentence, clause orphrase of this chapter shall be held to be unconstitutionalor invalid, the remaining provisions of thischapter shall nevertheless remain in full force andeffect. (Ord. 459 § 1, 2012; Ord. 375 § 1, 2006)Chapter 8.10NOXIOUS WEEDSSections:8.10.010 Noxious weeds list.8.10.020 List to be kept on file.8.10.030 Control and prevention required.8.10.040 Enforcement authority.8.10.050 Property inspection and specimentaking.8.10.060 Presence of noxious weeds –Notification – Action to be taken.8.10.070 Failure of owner to take action – Cityaction – Owner liable.8.10.010 Noxious weeds list.The weeds listed on the current “proposed noxiousweed list,” as required by the provisions ofRCW 17.10.080, and any additions, deletions oramendments hereafter made thereto are herebydeclared to be noxious weeds and found to be injuriousto crops, livestock and other property. (Ord.221 § 1, 1982)8.10.020 List to be kept on file.Three copies of the complete list then in existenceshall be kept on file in the city clerk-treasurer’soffice at all times. (Ord. 456 § 1, 2012; Ord.221 § 2, 1982)8.10.030 Control and prevention required.(1) It shall be the duty of each owner of propertyin the city to control and to prevent the spreadof noxious weeds from his property. “Owner ofproperty” shall be defined as the person in actualcontrol of property, or his agent, whether such controlis based on legal or equitable title or on anyother interest entitling the holder to possession.(2) The word “control” and the term “preventthe spread of noxious weeds” shall mean conformingto the standards of noxious weed control or preventionadopted by rule or regulation by the GrantCounty noxious weed control board. (Ord. 456 § 1,2012; Ord. 221 § 3, 1982)8.10.040 Enforcement authority.The maintenance supervisor of the city of ElectricCity is hereby designated as the enforcementofficer of this chapter. (Ord. 456 § 1, 2012; Ord.221 § 4, 1982)8-14

ELECTRIC CITY MUNICIPAL CODE 8.15.0408.10.050 Property inspection and specimentaking.The enforcement officer or his agent may enterupon any property for the purpose of inspecting theproperty and taking specimens of weeds or othermaterial. A reasonable attempt shall first be madeto notify the owners of the property as to the purposeand need for entry, but where such notificationis impossible or if the owner does not consentto inspection, the inspection shall be pursuant to awarrant. (Ord. 364 § 31, 2005; Ord. 221 § 5, 1982)8.10.060 Presence of noxious weeds –Notification – Action to be taken.Whenever the maintenance supervisor finds thatnoxious weeds are present on any parcel of landand that the owner is not taking sufficient action tocontrol the same, he shall notify the owner that aviolation of this chapter exists. Such notice shall bein writing, identify the noxious weed or weedsfound to be present, order prompt control and specifythe time, at least 10 days from the issuance ofthe notice, within which the prescribed action mustbe taken. (Ord. 221 § 6, 1982)8.10.070 Failure of owner to take action –City action – Owner liable.If the owner does not take action to control thenoxious weeds in accordance with the notice, thecity may control them, or cause their being controlled,at the expense of the owner. The amount ofsuch expense shall constitute a lien against theproperty and may be enforced by statutory lienforeclosures as in the case of materialman’s liens.The owner shall be liable for the expense of collectionof any judgment on account thereof by anymeans available in any civil action. (Ord. 456 § 1,2012; Ord. 221 § 7, 1982)Chapter 8.15OUTDOOR BURNINGSections:8.15.010 Definitions.8.15.020 Nuisance declared.8.15.030 Violation – Penalty.8.15.040 Exceptions.8.15.010 Definitions.“Rubbish” or “trash” includes, but is not limitedto, kitchen waste, furniture and mattresses, usedtires, carpets, plastics, hazardous waste, and allother substantially similar substances. (Ord. 333§ 1, 1998)8.15.020 Nuisance declared.The kindling or maintenance of any rubbish ortrash fire is hereby declared to be a nuisance. (Ord.333 § 2, 1998)8.15.030 Violation – Penalty.Any person violating the provisions of thischapter, or who shall create, keep, kindle, or maintainany rubbish or trash fire as defined in thischapter, shall be deemed guilty of a misdemeanorand, upon conviction thereof, shall be punishableas set forth in Chapter 1.15 ECMC. (Ord. 364 § 32,2005; Ord. 333 § 3, 1998)8.15.040 Exceptions.This chapter shall not apply to, nor prohibit, outdoorcooking or the burning of weeds, leaves,brush, or tree branches. (Ord. 333 § 4, 1998)8-15

8.26.010 NUISANCESChapter 8.20NUISANCES(Repealed by Ord. 373)Chapter 8.26NUISANCESSections:8.26.010 Definitions.8.26.020 Public nuisance defined.8.26.030 Nuisance defined.8.26.040 Prohibited conduct.8.26.050 Notice of violation and order to corrector cease activity.8.26.060 Correction by owner or otherresponsible person.8.26.070 Abatement by the city.8.26.080 Immediate danger – Summarycorrection.8.26.090 Penalty.8.26.010 Definitions.The words and phrases used in this chapter,unless the context otherwise indicates, shall havethe following meanings:(1) “Correct” means to abate, repair, replace,remove, destroy or otherwise remedy the conditionin question by such means and in such a mannerand to such extent as the compliance officer, in hisjudgment, determines is necessary in the interest ofthe general health, safety and welfare of the community.(2) “Code compliance officer” means themayor’s designee.(3) “Health officer” means the Grant Countyhealth officer or his designee.(4) “Responsible person” means any agent, lessee,or other person occupying or having charge orcontrol of any premises.(5) “Building materials” means and includeslumber, plumbing materials, wallboard, sheetmetal, plaster, brick, cement, asphalt, concreteblock, roofing materials, cans of paint and similarmaterials.(6) “Premises” means any building, lot, parcel,real estate, or land, or portion of land, whetherimproved or unimproved, including adjacent sidewalksand parking lanes.(7) “Membrane” means a tarpaulin, banner,fabric, or other sheeting, made of cloth, plastic,vinyl, paper or other similar material. (Ord. 373§ 1, 2006)8.26.020 Public nuisance defined.A “public nuisance” is any thing, act, failure toact, occupation or use of property which:8-16

ELECTRIC CITY MUNICIPAL CODE 8.26.030(1) Annoys, injures, or endangers the safety,health, comfort, or repose of one or more persons.(2) Offends public decency.(3) Unlawfully interferes with, obstructs, tendsto obstruct, or renders dangerous for passage a publicpark, street, sidewalk, alley, highway, or otherpublic area.(4) In any way renders one or more personsinsecure in life or the use of property. (Ord. 373§ 1, 2006)8.26.030 Nuisance defined.Each of the following conditions, unless otherwisepermitted by law, is declared to constitute apublic nuisance, and whenever the code complianceofficer determines that any of these conditionsexist upon any premises or in any stream, drainageway or wetlands, the officer may require or providefor the abatement thereof pursuant to this chapter:(1) The existence of any trash, dirt, filth, andcarcass of any animal, waste, shrubs, accumulationof lawn or yard trimmings or other offensive matter.(2) Defective or overflowing septic or sewagesystems, and the existence of any noxious, foul, orputrid liquid or substance which poses a healthhazard or creates a noxious odor.(3) Any man-caused pool of standing or stagnantwater, except storm drainage systems, whichserves as a breeding area for insects.(4) Accumulation of garbage, decaying vegetation,manure, dead animals, or other noxious thingsin a street or alley, or on public or private propertyto an extent injurious to the public health as determinedby the health officer.(5) All other acts, failure to act, occupations, oruse of property which is determined by the healthofficer to be a menace to the health of the public.(6) All limbs of trees which are less than sevenfeet above the surface of any public sidewalk, or 12feet above the surface of any street.(7) All buildings, other structures, or portionsthereof which have been damaged by fire, decay,neglect, or have otherwise deteriorated or becomedilapidated so as to endanger the safety of the public.(8) All explosives, flammable liquids, and otherdangerous substances stored or used in any mannerin violation of the International Fire Code.(9) The keeping or harboring of any dog, fowl,or other animal which by frequent or habitualhowling, yelping, barking, crowing, or in the makingof other noises, annoys or disturbs the public,or the habitual allowing of dogs kept at any oneaddress to run at large in violation of ECMC Title6, Animals.(10) Making or causing to be made by anymeans whatsoever any noise of any kind which is aviolation of Chapter 8.08 ECMC, Noise Control.(11) The frequent, repetitive, or continuoussound made by any secured, unsecured, or deterioratedmembrane or sheet metal, being moved bythe wind or other source, which unreasonablyinterferes with the peace, comfort and repose ofadjacent property owners or possessors.(12) Dumping, throwing, placing, leaving orcausing or permitting to be dumped, thrown,placed or left, any filth, paper, cans, glass, rubbish,trash, garbage, grass trimmings, shrub trimming,and shrubbery of any kind, in or upon any street,alley, sidewalk, ditch, or public or private propertyof another in the city.(13) The erecting, maintaining, using, placing,depositing, leaving or permitting to be or remain inor upon any private lot, building, structure or premises,or in or upon any street, alley, sidewalk,park, parkway or other public or private place inthe city, any one or more of the following disorderly,disturbing, unsanitary, fly-producing, ratharboring,disease-causing places, conditions orthings:(a) Any putrid, unhealthy or unwholesomebones, meat, hides, skins, or whole or any part ofany dead animal, fish or fowl, or waste parts offish, vegetable or animal matter in any quantity;but nothing herein shall prevent the temporaryretention of waste in approved covered receptacles.(b) Any privies, vaults, cesspools, sumps,pits or like places which are not securely protectedfrom flies and rats, or which are foul or malodorous.(c) Any filthy, littered or trash-covereddwellings, cellars, house yards, barnyards, stableyards, factory yards, vacant areas in the rear ofstores, vacant lots, houses, buildings or premises.(d) Any animal manure in any quantitywhich is not securely protected from flies orweather conditions, or which is kept or handled inviolation of any ordinance of the city.(e) Any bottles, cans, glass, ashes, smallpieces of scrap iron, wire, metal articles, bric-abrac,broken crockery, broken glass, broken plasterand all such trash, or abandoned material, unless itis kept in approved covered bins or galvanized ironreceptacles.(f) Any trash, litter, rags, accumulations orempty barrels, boxes, crates, packing cases, mattresses,bedding, excelsior, packing hay, straw or8-17

8.26.030 NUISANCESother packing material, lumber not neatly piled,scrap iron, tin or other metal not neatly piled, oranything whatsoever in which flies or rats maybreed or multiply or which may be a fire hazard.(14) The permitting to remain outside anydwelling, building, or other structure, or within anyunoccupied or abandoned building, dwelling, orother structure, in a place accessible to children,any abandoned, unattended, or discarded ice chest,refrigerator or other airtight container, which doesnot have the door, lid or other locking deviceremoved.(15) Any pit, hole, basin or excavation which isunguarded or dangerous to life or has been abandoned,or is no longer used for the purpose constructed,or is maintained contrary to statutes,ordinances, or regulations.(16) Any well or storage tank permitted toremain on any public or private property withoutbeing securely closed or barring any entrance ortrap door thereto, or without filling or capping anywell.(17) The repair or abandonment of any automobile,truck, or other motor vehicle of any kind uponthe public streets or alleys of the city.(18) The keeping or permitting the existence ofany bees or other insects, reptiles, rodents, fowl, orany other animals, domestic or wild, in any mannercontrary to law, or which affect the safety of thepublic.(19) The existence of any fence, other structure,or thing on private or public property abutting orfronting upon any public street, sidewalk, or place,which is sagging, leaning, fallen, decayed or is otherwisedilapidated and creating an unsafe condition.(20) The existence of any vine, shrub, or plantgrowing on, around, or in front of any fire hydrant,utility pole, utility box, or any other appliance orfacility provided for fire protection, public or privateutility purposes in such a way as to obscurefrom view or impair access thereto.(21) Except for any designated public parkland, natural area, or environmentally sensitivearea, or any undeveloped parcels of land not adjacentto developed areas or which are used for agriculturalpurposes, all grasses, weeds, or othervegetation growing or which has grown and died,which is determined to be a fire or safety hazard ora nuisance to persons, shall not exceed 12 inches inheight measured above the ground.(a) The above exception may be waived andadditional maintenance required by the code complianceofficer if he determines such action is necessaryto protect the safety of persons or adjoiningproperty.(b) All maintenance shall be done in a mannerso that soil stability will not be disrupted or disturbed.Grass, weed, or vegetation control shall notinclude plowing, discing, or scraping the soil toeliminate the grasses, weeds, or other vegetationunless a soil stabilization plan, which will minimizeblowing dust and maintain soil stability andwhich shall be approved by the city prior to anyplowing, discing, or scraping, is implementedimmediately.(22) The existence of any dead, diseased,infected, or dying tree, shrub, or other vegetationwhich may pose a danger to vegetation, crops,property, or persons.(23) The existence of any accumulation ofmaterials or objects in a location when the sameendangers property, safety or constitutes a fire hazard.(24) The depositing or burning or causing to bedeposited or burned in any street, alley, sidewalk,parkway or other public place which is open totravel, of any hay, straw, paper, wood, boards,boxes, leaves, manure or other rubbish or material.(25) The storage or keeping on any premises inclear view from a public street for more than 30days of any used or unused building materials asdefined in ECMC 8.26.010(5), whose retail costnew would exceed $100.00, without a special permitfrom the building official; provided, that nothingherein shall:(a) Prohibit such storage without a permitwhen done in conjunction with a constructionproject for which a building permit has been issuedand which is being prosecuted diligently to completion.(b) Prohibit such storage without a permitupon the premises of a bona fide lumber yard,dealer in building materials or other commercialenterprise when the same is permitted under thezoning ordinance and other applicable laws.(c) Make lawful any such storage or keepingwhen it is prohibited by other ordinances or laws.(26) The existence in clear view from a publicstreet on any premises of any unused and abandonedtrailer, house trailer, automobile, boat orother vehicle or major parts thereof.(27) The keeping or maintenance in any area onprivate property which is clearly visible from apublic street, sidewalk, park or other public areaany accumulation, collection or untidy storage ofany of the following: old appliances or partsthereof; old iron, steel, aluminum or other metal;8-18

ELECTRIC CITY MUNICIPAL CODE 8.26.070inoperable vehicles, vehicle parts, inoperable boatsor parts of boats or vessels, machinery or equipment;mattresses, bedding, clothing, rags or cloth;straw, packing materials, cardboard or paper, tincans, wire, bottles, glass, cans, barrels, bins, boxes,containers, ashes, plaster or cement; or wood. Thisdetermination shall not apply to conditions completelyenclosed within a building or fencing so asnot to be visible from public property.(28) The keeping, permitting or harboring ofany fowl, rabbits, hoofed or cloven-footed animals.(29) The depositing of any debris, vegetation,lawn clippings, lumber piles, wood piles, auto partsor bodies, garbage and the like, or storing of anymaterial of any kind; provided, that in residentialzones that shall include garbage cans or refuse containersin the alleys of the city, except on garbagepickup day.(30) The existence of graffiti, which is definedas a defacing, damaging, or destructive inscription,figure or design painted, drawn or the like, on theexterior of any building, fence, gate, or other structuresor on rocks, bridges, trees, or other real orpersonal property.(31) The locating of automobiles, trucks, recreationalvehicles, trailers, boats, or any other vehicles,vessels, or the like for the purpose ofadvertising its sale on property located in any commercialor industrial zone not owned by the seller.(32) The existence on any premises of anyunsecured, unused, or abandoned building or structures.(33) The obstruction of the public right-of-wayor any public utility easement by means of anystructure, improvement, vehicle, item of personalproperty, planting, vine or any other device or configurationof the topography to encroach within theback of a curb intended for use as a sidewalk,obstruct the width of an alley, or block the visibilitytriangle at the junction of two or more rights-ofwayor at driveways.(34) The storing, releasing, creating, combining,or splitting of substances and/or chemicalsused to create additional or different chemicalcompounds, substances, wafers, tablets, pills, liquids,powders or other such forms of such compoundsfor consumption by humans without apermit from the federal government, the state ofWashington or the city to conduct such activity fora lawful purpose. (Ord. 456 § 1, 2012; Ord. 373§ 1, 2006)8.26.040 Prohibited conduct.(1) It is unlawful for any responsible person orowner to permit, maintain, suffer, carry on, orallow, upon any premises or in any lake, river,stream, drainage way or wetlands, any of the actsor things declared by this chapter to be a public nuisance.(2) It is unlawful for any person to create, maintain,carry on or do any other acts or thingsdeclared by this chapter to be a public nuisance.(Ord. 373 § 1, 2006)8.26.050 Notice of violation and order tocorrect or cease activity.The code enforcement officer, to be designatedby the mayor, having determined that a public nuisanceexists, shall issue a notice of violation andorder to correct or cease activity as provided inChapter 1.25 ECMC. (Ord. 389 § 1, 2007; Ord.373 § 1, 2006)8.26.060 Correction by owner or otherresponsible person.If and when an owner or other responsible personshall undertake action to correct any conditiondescribed in this chapter whether by order of thecode compliance officer, or otherwise, all necessaryand legal conditions pertinent to the correctionmay be imposed by the code compliance officer. Itis unlawful for the owner or other responsible personto fail to comply with such conditions. Nothingin this chapter shall relieve any owner or otherresponsible person of the obligation of obtainingany required permits or approvals to do any workincidental to the correction. (Ord. 373 § 1, 2006)8.26.070 Abatement by the city.(1) In all cases where the code enforcementofficer has determined to proceed with issuance ofa notice of violation and order to correct, then 10days after issuance of such notice, the city shallhave the ability, in addition to any other remedyprovided in this chapter and not as an alternativemeans of abatement to the exclusion of others, toabate the nuisance identified by the code enforcementofficer in the notice of violation and order tocorrect as provided herein.(2) A violation of this chapter may be subject toabatement by the following means:(a) Summarily, by a restraining order orinjunction issued by a court of competent jurisdiction;or(b) Following issuance of a notice of violationand order to correct, and following the expira-8-19

8.26.080 NUISANCEStion of the time to correct the condition or cease theactivity constituting a nuisance as identified in thenotice and order, a written notice of the codeenforcement officer sent by return receipt mail tothe owner, as such appears on the rolls of thecounty assessor, which notice shall state that thecity council will consider for adoption, after notless than 10 days from the date of that notice, of aresolution which shall describe the propertyinvolved by street address or parcel number and thecondition in violation of this chapter and requirethe owner to make the removal or destruction ofsuch condition. Such notice shall state the ownermay appear before the city council at the time itconsiders such resolution and that will be theowner’s only opportunity to protest the proposedaction of the city council to abate the nuisance asprovided in this section. Such notice shall furtherprovide that should the city council adopt such resolutionit may direct therein that the destruction orremoval of the condition in violation of this chapteris to be accomplished by city forces or contractorsand that all costs, direct and indirect, of such workshall be charged to the owner. If such removal ordestruction is not made by the owner after thenotice is given, the city council may by resolutionpassed not less than 10 days from the date of thenotice, cause the city to make the removal ordestruction thereof as provided herein and providethat the cost thereof shall become a charge againstthe owner of the property. This debt shall be collectiblein the same manner as other debts owing tothe city. (Ord. 389 § 1, 2007; Ord. 373 § 1, 2006)separate violation. Each day a violation exists constitutesa separate violation of this chapter.(2) Each second or subsequent violation of thischapter within a 12-month period shall subject theviolator to a C-2 penalty as provided in Chapter1.15 ECMC. (Ord. 373 § 1, 2006)8.26.080 Immediate danger – Summarycorrection.Whenever any condition on or use of propertycauses or constitutes or reasonably appears tocause or constitute an imminent or immediate dangerto the health or safety of the public or significantportion thereof, the code compliance officershall have the authority to summarily and withoutnotice correct the same. The expense of such correctionshall become a civil debt against the owneror other responsible party and be collectible in thesame manner as any civil debt owing to the city.(Ord. 373 § 1, 2006)8.26.090 Penalty.(1) Every person who violates any of the provisionsof this chapter shall be deemed to have committeda civil infraction and shall be subject to aC-5 penalty as provided in Chapter 1.15 ECMC,General Penalty. Each violation shall constitute a8-20

Title 9PUBLIC PEACE, MORALS, AND WELFAREChapters:9.05 Repealed9.10 Repealed9.15 Repealed9.20 Repealed9.25 Repealed9.30 Hunting9.35 Repealed9-1

ELECTRIC CITY MUNICIPAL CODE 9.30.030Chapter 9.05ADOPTION OF STATECRIMINAL STATUTES(Repealed by Ord. 379)Chapter 9.10ALCOHOL POSSESSION BY MINORS(Repealed by Ord. 429)Chapter 9.15PARENTAL RESPONSIBILITY FORJUVENILE DEPENDENTS(Repealed by Ord. 378)Chapter 9.20BREACHING THE PEACE(Repealed by Ord. 429)Chapter 9.25COCAINE OR MARIJUANA POSSESSION(Repealed by Ord. 429)Chapter 9.30HUNTINGSections:9.30.010 Prohibited within city limits or on citylands.9.30.020 Definitions.9.30.030 Violation – Penalty.9.30.010 Prohibited within city limits or oncity lands.No hunting will be allowed inside the city limitsof Electric City or upon any lands leased or controlledby the city of Electric City. (Ord. 456 § 1,2012; Ord. 261 § 1, 1987)9.30.020 Definitions.(1) “To hunt” and its derivatives means aneffort to kill, injure, capture or harass a wild animalor wild bird.(2) “Wild animals” mean those species of theclass Mammalia whose members exist in Washingtonin a wild state and the species Rang castesbeiana(bullfrog). The term “wild animal” does notinclude feral domestic mammals or the familyMuridae of the order Rodentia (old world rats andmice).(3) “Wild birds” mean those species of the classAves whose members exist in Washington in awild state. (Ord. 261 § 2, 1987)9.30.030 Violation – Penalty.It is declared unlawful for any person or personsto hunt inside the city limits or upon any landsleased or controlled by the city of Electric Citywithout written approval and the signature of themayor or his or her designee. Anyone found huntingwithout written approval by said person andconvicted under this statute will be guilty of a misdemeanorand is subject to imprisonment of notmore than 120 days, or a fine of not more than$1,500, or both. (Ord. 456 § 1, 2012; Ord. 364§ 35, 2005; Ord. 261 § 3, 1987)9-3

FIREARM POSSESSION EXEMPTIONChapter 9.35FIREARM POSSESSION EXEMPTION(Repealed by Ord. 429)9-4

Chapters:10.05 Illegal Parking10.10 Model Traffic Ordinance10.12 Speed Regulations10.15 Vehicle Impoundment10.20 Abandoned Vehicles10.25 ParkingTitle 10VEHICLES AND TRAFFIC10-1

ELECTRIC CITY MUNICIPAL CODE 10.10.010Sections:10.05.010 Fine.Chapter 10.05ILLEGAL PARKING10.05.010 Fine.The fine for illegal parking within the city shallbe $25.00 if paid within seven days from the dateof issuance of the ticket. Thereafter, the fine shallbe $35.00 up to 14 days; after 14 days, it shallincrease $5.00 per day until paid in full. (Ord. 456§ 1, 2012; Ord. 364 § 37, 2005; Ord. 176, 1977)Chapter 10.10MODEL TRAFFIC ORDINANCESections:10.10.010 Adoption by reference.10.10.010 Adoption by reference.The “Washington Model Traffic Ordinance,”Chapter 308-330 WAC, is hereby adopted by referenceas the traffic ordinance in the city of ElectricCity as if set forth in full. (Ord. 456 § 1, 2012; Ord.314 § 1, 1994)10-3

10.12.010 SPEED REGULATIONSChapter 10.12SPEED REGULATIONSSections:10.12.010 State speed laws applicable.10.12.020 Decrease or increase of state speedlimit at certain intersections and oncertain streets.10.12.010 State speed laws applicable.The state traffic laws regulating the speed ofvehicles apply to all city streets, except as regulationsadopted pursuant to this title declare anddetermine that certain speed regulations shall beapplicable upon specified streets or in certain areasor at certain times, in which event it shall be a violationof the law for any person to drive a vehicle ata speed in excess of any speed so declared in regulationsadopted pursuant to this title when signs arein place giving notice thereof. (Ord. 445 § 1, 2011)10.12.020 Decrease or increase of state speedlimit at certain intersections and oncertain streets.When it is determined that the speed permittedby state law is greater or less than is reasonable orsafe under the conditions found to exist at suchintersections or upon such streets, the city councilmay adopt by resolution a listing of the locationsand times, if any, when speed limits greater than orless than those permitted by state law shall beimposed. Upon adoption of a resolution listingthose streets and intersections and times, if applicable,the city shall post appropriate signs to establishthe speed limit provided in such resolution. (Ord.445 § 1, 2011)Chapter 10.15VEHICLE IMPOUNDMENTSections:10.15.010 Adoption of legislative findings.10.15.020 Impoundment of vehicle where driveris arrested for a violation of RCW46.20.005, 46.20.015, 46.20.342,46.20.420, 46.61.502, 46.61.504 –Periods of impoundment.10.15.030 Redemption of impounded vehicles.10.15.040 Post-impoundment hearing procedure.10.15.050 Administrative fee.10.15.060 Rules and regulations.10.15.010 Adoption of legislative findings.The city adopts the legislative findings of RCW25.05.060, as set forth in the ordinance codified inthis chapter.* (Ord. 456 § 1, 2012; Ord. 364 § 38,2005; Ord. 347 § 1, 2000)*Ordinance 364 may be found on file in the city clerk’soffice.10.15.020 Impoundment of vehicle wheredriver is arrested for a violation ofRCW 46.20.005, 46.20.015,46.20.342, 46.20.420, 46.61.502,46.61.504 – Periods ofimpoundment.(1) Whenever the driver of a vehicle is arrestedfor a violation of RCW 46.20.005, 46.20.015,46.20.342, 46.20.420, 46.61.502, 46.61.504, thevehicle is subject to impoundment at the directionof the officer.(2) Whenever the driver of a vehicle is arrestedor cited for a violation of RCW 46.20.005,46.20.015, 46.20.342, 46.20.420, 46.61.502,46.61.504, then the vehicle may be released assoon as all the requirements of this chapter are satisfied.(3) If a vehicle is impounded because the driveris arrested for a violation of RCW 46.20.342(1)(c)(DWLS/DWLR Third Degree), and the WashingtonState Department of Licensing’s records showthat the driver has been convicted one time of a violationof RCW 46.20.342 or similar local ordinancewithin the past five years, the vehicle shall beimpounded for 15 days.(4) If a vehicle is impounded because the driveris arrested for a violation of RCW 46.20.342(1)(c)(DWLS/DWLR Third Degree), and the WashingtonState Department of Licensing’s records show10-4

ELECTRIC CITY MUNICIPAL CODE 10.15.030that the driver has been convicted two or moretimes of a violation of RCW 46.20.342 or similarlocal ordinance within the past five years, the vehicleshall be impounded for 30 days.(5) If a vehicle is impounded because the driveris arrested for a violation of RCW 46.20.342(1)(a)or (b) (DWLS/DWLR First or Second Degree),and the Washington State Department of Licensing’srecords show that the driver has not been convictedof a violation of RCW 46.20.342(1)(a) or (b)or similar ordinance within the past five years, thevehicle shall be impounded for 30 days.(6) If a vehicle is impounded because the driveris arrested for a violation of RCW 46.20.342(1)(a)or (b) (DWLS/DWLR First or Second Degree),and the Washington State Department of Licensing’srecords show that the driver has been convictedone time of a violation of RCW46.20.342(1)(a) or (b) (DWLS/DWLR First orSecond Degree), or similar local ordinance oncewithin the past five years, the vehicle shall beimpounded for 60 days.(7) If a vehicle is impounded because the driveris arrested for a violation of RCW 46.20.342(1)(a)or (b) (DWLS/DWLR First or Second Degree),and the Washington State Department of Licensing’srecords show that the driver has been convictedone time of a violation of RCW46.20.342(1)(a) or (b) (DWLS/DWLR First orSecond Degree), or similar local ordinance two ormore times within the past five years, the vehicleshall be impounded for 90 days. (Ord. 347 § 2,2000)10.15.030 Redemption of impounded vehicles.Vehicles impounded by the city shall beredeemed only under the following circumstances:(1) Only the registered owner, a person authorizedby the registered owner, or one who has purchasedthe vehicle from the registered owner, whoproduces proof of ownership or authorization andsigns a receipt therefor, may redeem an impoundedvehicle. A person redeeming a vehicle impoundedpursuant to this chapter must, prior to redemption,establish that he or she has a valid driver’s licenseand is in compliance with RCW 46.30.020 (Liabilityinsurance or other financial responsibilityrequired). A vehicle impounded pursuant to thischapter can be released only pursuant to writtenorder from the police department or a court.(2) Any person so redeeming a vehicleimpounded by the city shall pay the towing contractorfor costs of impoundment, removal, towing,and storage prior to redeeming such vehicle, exceptas provided for by subsection (3) of this section.Such towing contractor shall accept payment asprovided in RCW 46.55.120(1)(b), as now or hereafteramended. If the vehicle was impounded pursuantto this chapter and was being operated by theregistered owner when it was impounded, it maynot be released to any person until all penalties,fines, or forfeitures owed by the registered ownerhave been satisfied.(3) The chief of police is authorized to release avehicle impounded pursuant to this code prior tothe expiration of any period of impoundment uponpetition of the spouse of the driver based on economicor personal hardship to such spouse resultingfrom the unavailability of the vehicle, and afterconsideration of the threat to public safety that mayresult from the release of the vehicle, including butnot limited to the driver’s criminal history, drivingrecord, license status and access to the vehicle. Ifsuch release is authorized, the person redeemingthe vehicle must satisfy the requirements stated insubsections (1) and (2) of this section.(4) Any person seeking to redeem a vehicleimpounded as a result of a parking or traffic infractionhas a right to a hearing before an administrativehearings officer to contest the validity of animpoundment or the amount of removal, towingand storage charges if such request for hearing is inwriting, in a form approved by the chief of policeand signed by such person, and is received by thechief of police within 10 days (including Saturdays,Sundays, and holidays) of the date the noticewas given to such person by the registered towtruck operator pursuant to RCW 46.55.120(2)(a).Such hearing shall be provided as follows:(a) If all of the requirements to redeem thevehicle, including expiration of any period ofimpoundment under RCW 46.20.342, have beensatisfied, then the impounded vehicle shall bereleased immediately and a hearing shall be heldwithin 90 days of receipt of the written request forhearing.(b) If all of the requirements to redeem thevehicle, including expiration of any period ofimpoundment under RCW 46.20.342, have notbeen satisfied, then the impounded vehicle shallnot be released until after the hearing which shallbe held within two business days (excluding Saturdays,Sundays, and holidays) of the written requestfor hearing.(c) Any person seeking a hearing who hasfailed to request such hearing within the time specifiedherein may petition the chief of police for anextension of time to file a request for hearing. Such10-5

10.15.040 VEHICLE IMPOUNDMENTextension shall only be granted upon the demonstrationof good cause as to the reason(s) therequest for hearing was not timely filed. For thepurposes of this section, good cause shall bedefined as circumstances beyond the control of theperson seeking the hearing that prevented such personfrom filing a timely request for hearing. In theevent such extension is granted, the person receivingsuch extension shall be granted a hearing inaccordance with this chapter.(d) If a person fails to file a timely requestfor hearing and no extension to file such a requesthas been granted, the right to a hearing is waived,the impoundment and the associated costs ofimpoundment are deemed to be proper, and the cityshall not be liable for removal, towing and storagecharges arising from the impoundment.(e) In accordance with RCW46.55.240(1)(d), a decision made by an administrativehearings officer may be appealed to municipalcourt for final judgment. The hearing on the appealunder this subsection shall be de novo. A personappealing such a decision must file a request of anappeal in municipal court within 15 days after thedecision of the administrative hearings officer andmust pay a filing fee in the same amount requiredfor the filing of a suit in district court. If a personfails to file a request for an appeal within the timespecified by this section or does not pay the filingfee, the right to an appeal is waived and the administrativehearings officer’s decision is final. (Ord.456 § 1, 2012; Ord. 347 § 3, 2000)10.15.040 Post-impoundment hearingprocedure.Hearings requested pursuant to this chapter shallbe held by an administrative hearings officer whoshall determine whether the impoundment wasproper and whether the associated removal, towing,administrative, and/or storage fees wereproper.(1) At the hearing, an abstract of the driver’sdriving record is admissible without further evidentiaryfoundation and is prima facie evidence ofthe status of the driver’s license, permit or privilegeto drive and that the driver was convicted of eachoffense shown on the abstract. In addition, a certifiedvehicle registration of the impound vehicle isadmissible without further evidentiary foundationand is prima facie evidence of the identity of theregistered owner of the vehicle.(2) If the impoundment is found to be proper,the administrative hearings officer shall enter anorder so stating. In the event that the costs ofimpoundment, removal, towing, and storage havenot been paid or any other applicable requirementsof this chapter have not been satisfied, or anyperiod of impoundment under this chapter has notexpired, the administrative hearings officer’s ordershall also provide that the impounded vehicle shallbe released only after payment to the city of anyfines imposed on any underlying traffic or parkinginfraction and satisfaction of any other applicablerequirements of this chapter. In the event that theadministrative hearings officer grants time payments,the city shall be responsible for paying thecosts of impoundment to the towing company. Theadministrative hearings officer shall grant timepayments only in cases of extreme financial need,and where there is an effective guarantee of payment.(3) If the impoundment is found to be improper,the administrative hearings officer shall enter anorder so stating and order the immediate release ofthe vehicle. If the costs of impoundment havealready been paid, the administrative hearingsofficer shall enter judgement against the city and infavor of the person who has paid the costs ofimpoundment in the amount of the costs of theimpoundment.(4) In the event that the administrative hearingsofficer finds that the impound was proper, but thatthe removal, towing, administrative, and/or storagefees charged for the impoundment were improper,the administrative hearings officer shall determinethe correct fees to be charged. If the costs ofimpoundment have been paid, the administrativehearings officer shall enter judgment against thecity and in favor of the person who has paid thecosts of impoundment for the amount of the overpayment.(5) No determination of facts made at a hearingunder this section shall have any collateral estoppeleffect on a subsequent criminal prosecution andsuch determination shall not preclude litigation ofthose same facts in a subsequent criminal prosecution.(6) As to any impoundment arising from analleged violation of RCW 46.20.342 or 46.20.420,if it is determined to be improper, then the lawenforcement officer directing the impoundmentand the government employing the officer are notliable for damages if the officer relied in good faithand without gross negligence on the records of thedepartment in ascertaining that the operator of thevehicle had a suspended or revoked license.(7) An appeal of the administrative hearingsofficer’s decision in municipal court shall be con-10-6

ELECTRIC CITY MUNICIPAL CODE 10.20.010ducted according to, and subject to, the proceduresof this section. If the court finds that the impoundmentor towing, storage or administrative fees areimproper, any judgement entered against the cityshall include the amount of the filing fee. (Ord. 456§ 1, 2012; Ord. 347 § 4, 2000)10.15.050 Administrative fee.An administrative fee of $8.00 per impound dayshall be levied upon each vehicle redeemed underthis chapter. The fee shall be remitted to the city ofElectric City, city clerk before the vehicle isreleased. The fee shall be for the purpose of offsetting,to the extent practicable, the cost to the cityfor implementing, enforcing and administering theprovisions of this chapter and shall be deposited inan appropriate account. The administrative feeshall be hereinafter set by the city council by resolutionas may be necessary. (Ord. 456 § 1, 2012;Ord. 347 § 5, 2000)10.15.060 Rules and regulations.The city clerk and chief of police are authorizedand directed to promulgate rules and regulationsconsistent with this chapter, to provide for the fairand efficient administration of any vehicleimpoundment, redemption, or release, or animpoundment hearing under this chapter. (Ord.456 § 1, 2012; Ord. 347 § 6, 2000)Chapter 10.20ABANDONED VEHICLESSections:10.20.005 Definitions.10.20.010 Public nuisance declared.10.20.020 Hearing – Notice – Contents.10.20.030 Exceptions.10.20.040 Determination of responsibility.10.20.050 Removal and disposal.10.20.060 Lien for cost of removal.10.20.070 Violation – Penalty.10.20.005 Definitions.“Hulk or abandoned automobile” means a vehiclecertified under RCW 46.55.230 as meeting atleast three of the following requirements:(1) Is three years old or older;(2) Is extensively damaged, such damageincluding but not limited to any of the following: abroken window or windshield, or missing wheels,tires, motor, or transmission;(3) Is apparently inoperable;(4) Is without a valid, current registration plate;(5) Has an approximate fair market value equalonly to the approximate value of the scrap in it.(Ord. 364 § 39, 2005)10.20.010 Public nuisance declared.The storage or retention of an automobile hulkand/or abandoned vehicle on private property isdeclared to constitute a public nuisance subject toremoval and impoundment. The police shallinspect and investigate complaints relative to automobilehulks and/or abandoned vehicles, or partsthereof, on private property. Upon discovery ofsuch nuisance, the police department shall givenotice in writing to the last registered owner ofrecord of the automobile hulk and/or abandonedvehicle and also to the property owner of recordthat a public hearing may be requested before thecity council and that, if no hearing is requestedwithin 10 days, the automobile hulk and/or abandonedvehicle will be removed. Costs of removalmay be assessed against the last registered ownerof the abandoned hulk and/or abandoned vehicle ifthe identity of such owner can be determined, orthe costs may be assessed against the owner of theproperty on which the automobile hulk and/orabandoned vehicle is stored. (Ord. 456 § 1, 2012;Ord. 267 § 1, 1988)10-7

10.20.020 ABANDONED VEHICLES10.20.020 Hearing – Notice – Contents.If a request for a hearing is received, a noticegiving the time, location and date of such hearingon the question of removal and impoundment ofthe automobile hulk and/or abandoned vehicle orpart thereof as a public nuisance shall be mailed, bycertified or registered mail with a five-day returnreceipt requested, to the owner of the land asshown on the last equalized assessment roll of thecounty assessor and to the last registered and legalowner of record of the automobile hulk and/orabandoned vehicle unless the automobile hulkand/or abandoned vehicle is in such condition thatidentification numbers are not available to determineownership. (Ord. 267 § 2, 1988)10.20.030 Exceptions.This section shall not apply to:(1) An automobile hulk, or part thereof, whichis completely enclosed within a building or placedunder a commercially manufactured automobilecover, in a lawful manner where it is not visiblefrom the highway or other public or private property;or(2) An automobile hulk, or part thereof, whichis stored or parked in a lawful manner on privateproperty in connection with the business of alicensed dismantler or licensed vehicle dealerfenced according to the provisions of RCW46.80.130. (Ord. 267 § 3, 1988)been held, the automobile or part thereof shall beremoved, at the request of a police officer, and disposedof to a licensed motor vehicle wrecker orhulk hauler with notice to the Washington StatePatrol and the department that the vehicle has beenwrecked. (Ord. 456 § 1, 2012; Ord. 267 § 5, 1988)10.20.060 Lien for cost of removal.The city shall within 30 days after removal of anautomobile hulk and/or abandoned vehicle fromprivate property file or record with the county auditorto claim a lien for the cost of removal, whichshall be in substance in accordance with the provisionscovering mechanics’ liens in Chapter 60.04RCW, and said lien shall be foreclosed in the samemanner as such liens. (Ord. 456 § 1, 2012; Ord.267 § 6, 1988)10.20.070 Violation – Penalty.Any person guilty of maintaining a public nuisanceas above described shall be guilty of aninfraction and punished by a maximum penalty of$250.00. (Ord. 267 § 7, 1988)10.20.040 Determination of responsibility.The owner of the land on which the automobilehulk and/or abandoned vehicle is located mayappear in person at the hearing or present a writtenstatement in time for consideration at the hearing,and deny responsibility for the presence of theautomobile hulk and/or abandoned vehicle on theland, with his reasons for such denial. If it is determinedat the hearing that the automobile hulkand/or abandoned vehicle was placed on the landwithout the consent of the landowner and that hehas not subsequently acquiesced in its presence,then the city council shall not assess costs ofadministration or removal of the automobile hulkand/or abandoned vehicle against the propertyupon which the hulk is located or otherwise to collectsuch costs from the property owner. (Ord. 456§ 1, 2012; Ord. 267 § 4, 1988)10.20.050 Removal and disposal.After notice has been given of the intent of thecity to dispose of the automobile hulk and/or abandonedvehicle and after a hearing, if requested, has10-8

ELECTRIC CITY MUNICIPAL CODE 10.25.010Chapter 10.25PARKINGSections:10.25.010 Restricted parking – Street storage.10.25.020 Certain vehicles to be kept off streetwhen not in use.10.25.030 Restricted parking.10.25.010 Restricted parking – Street storage.(1) On the streets of the city no person shallpark a vehicle at the curb or in any other designatedparking space within the right-of-way for morethan 10 days without moving such vehicle from theimmediately adjacent block formed by the intersectionof the nearest cross street in every directionfrom where the vehicle is parked. Parking of avehicle in the same location or within the blockarea as described above shall be deemed to be illegalstreet storage of such vehicle. A vehicle foundto be in such unpermitted street storage shall besubject to towing at the owner’s expense with anotice placed upon the vehicle by the code enforcementofficer charged with enforcement of this provisionor any police officer as provided for herein.Proof that a vehicle has not been moved from acurb location or from a defined block area may beestablished from observations at various times ofsuch vehicle in the same or substantially the sameposition at various times of the day for that 10-dayperiod. Such observations may include but are notlimited to:(a) Observations by persons who are preparedto testify to their observations in court;(b) Observations of enforcement personnelas well as other city employees; and(c) Chalking tires or vehicle locations bycity enforcement personnel to further provideinformation of whether or not the vehicle has beenmoved.(2) The code enforcement officer or policeofficer charged with enforcement of this provisionshall cause to be mailed to the registered owner ofsuch vehicle as that name appears in the records ofthe Department of Licensing and also place uponthe vehicle which has been observed to be in violationof this section a written notice which shall containthe following information:NOTICE TO MOVE ILLEGALLYPARKED VEHICLEISSUED TO ______________________(Name and Address ofRegistered Owner)As registered owner of, or person responsiblefor, the vehicle parked at _________________________________________,you are hereby notified that the undersigned,pursuant to Section 10.25.010 ofthe Electric City Municipal Code, has determinedthat this vehicle has not movedfrom this location, including the immediateblock for a period of at least ten (10) days.You are notified to move this vehicle withinfive (5) days of the date of this notice. Ifyou do not move this vehicle and demonstrateit has moved from this immediateblock, the city will cause this vehicle to betowed at the registered owner’s expenseand it may be subject to sale by that towoperator as provided by Washington law.You may contact Electric City regardingthis matter for further information.By ______________________ (Name)_________________________ (Position)Mailed to: ____________ Date _______Vehicle Posted by:____________________ Date _______(3) On the streets of the city no person shallpark a vehicle at the curb or in any other designatedparking space within the right-of-way if such vehicleexhibits any of the following conditions:(a) Windshield or back window with over50 percent of the surface area broken, or the windshieldor back window is removed or substantiallyremoved; or(b) Wheels and/or tires are missing fromany of the axles; or(c) The vehicle does not display a valid currentlicense tab as provided by state law; or(d) Motor, transmission, drive line or anyaxle is missing; or(e) The vehicle appears to be inoperable onthe roads and highways of this state because ofbody damage, missing or broken lights, includingcolored light lenses, or missing components of the10-9

10.25.020 PARKINGvehicle necessary to lawfully operate such vehicleupon the public roads of this state.A vehicle found to be in such unpermittedparking or street storage shall be subject to towingat the owner’s expense with a notice placed uponthe vehicle by the code enforcement officercharged with enforcement of this provision or anypolice officer as provided for herein.(4) The code enforcement officer or policeofficer charged with enforcement of this provisionshall cause to be mailed to the registered owner ofsuch vehicle as that name appears in the records ofthe Department of Licensing and also place uponthe vehicle which has been observed to be in violationof this section a written notice which shall containthe following information:NOTICE TO MOVE ILLEGALLYPARKED VEHICLEISSUED TO ______________________(Name and Address ofRegistered Owner)As registered owner of, or person responsiblefor, the vehicle parked at _________________________________________,you are hereby notified that the undersigned,pursuant to Section 10.25.010 ofthe Electric City Municipal Code, has determinedthat this vehicle is parked orstored illegally upon a public street or otherright-of-way location.You are notified to remove this vehiclefrom street parking or storage within three(3) days of the date of this notice. If you donot remove this vehicle or correct the condition(s)which prohibit its parking or storageupon a city street or other right-of-way,the city will cause this vehicle to be towedat the registered owner’s expense and itmay be subject to sale by that tow operatoras provided by Washington law.You may contact Electric City regardingthis matter for further information.(5) The first violation of this section within a12-month period shall be a C-14 penalty in additionto permitting the towing of such vehicle at theowner’s expense, upon the notice provided for inthis section, as a vehicle illegally parked upon aright-of-way. A second violation of this sectionwithin a 12-month period shall be a C-10 penalty inaddition to permitting the towing of such vehicle atthe owner’s expense. (Ord. 428 § 1, 2010)10.25.020 Certain vehicles to be kept off streetwhen not in use.No person having charge of any commercial,industrial, or agricultural equipment and/ormachinery, or any trailer, unless attached to amotor vehicle by which it may be propelled ordrawn, shall permit or allow the same to remain orpark the same in any street, alley, or public rightof-wayfor a continuous period exceeding 72hours; provided, that in case of accident such vehicle,equipment, or trailer may be moved to the sideof the street, alley, or public right-of-way, and ifgood and sufficient red signal or other flare markersbe displayed at both ends thereof during thehours of darkness, may be permitted or allowed toremain for a period of not exceeding 24 hourspending removal; provided, that the provisions ofRCW 46.61.571 or any other parking regulation ofthis code are not violated. Violation of this sectionis punishable by a C-11 penalty. (Ord. 428 § 1,2010)10.25.030 Restricted parking.On those streets which in the opinion of the publicworks director are too narrow to permit the safepassage of vehicles while other vehicles are parkedon those streets, the public works director shallhave the authority to recommend the adoption bythe city council of a resolution prohibiting parkingon one or both sides of those streets. Uponapproval of a resolution prohibiting such parkingby the city council, the public works director shallpost appropriate signs and the police departmentshall begin enforcement of the parking restriction.(Ord. 428 § 1, 2010)By ______________________ (Name)_________________________ (Position)Mailed to: ____________Vehicle Posted by:____________________Date _______Date _______10-10

Title 11(Reserved)11-1

Title 12STREETS, SIDEWALKS, AND PUBLIC PLACESChapters:12.05 Sidewalk Obstruction12.10 Construction, Repair and Maintenance12.15 Excavations12.20 Oiling or Paving of Streets or Alleys12.25 Highway Access Management12-1

ELECTRIC CITY MUNICIPAL CODE 12.05.040Chapter 12.05SIDEWALK OBSTRUCTIONSections:12.05.010 Obstructing sidewalks or streets – Firehazard or menace.12.05.020 Penalty for failure to abate nuisances.12.05.030 Enforcement – Resolution orderingabatement.12.05.040 Notice of proposed resolution.12.05.050 Abatement by city – Costs.12.05.060 Authority for chapter.12.05.010 Obstructing sidewalks or streets –Fire hazard or menace.Trees, plants, shrubs or vegetation or partsthereof which so overhang any sidewalk or street,or which are growing thereon in such manner as toobstruct or impair the free and full use of the sidewalkor street by the public, are public nuisances.Grass, weeds, shrubs, bushes, trees or vegetationgrowing or which have grown and died, and alldebris upon any property which is a fire hazard ora menace to public health, safety or welfare, arelikewise public nuisances. It is the duty of theowner of the property wherein or whereon anysuch nuisances exist to abate the nuisance bydestroying, removing or trimming any such growthand removing or destroying any such debris. (Ord.174 § 1, 1977)12.05.020 Penalty for failure to abatenuisances.The failure or refusal to comply with any of theprovisions of ECMC 12.05.010 shall be a misdemeanor,subjecting the offender to a fine of$750.00 or imprisonment not exceeding 120 days,plus court costs and attorneys’ fees, if the courtallows. (Ord. 364 § 40, 2005; Ord. 174 § 2, 1977)12.05.030 Enforcement – Resolution orderingabatement.The improvement board of the city as organizedunder Chapter 2.25 ECMC shall enforce this chapter,and if any property owner fails or refuses toabate any such nuisance as contemplated byECMC 12.05.010, the city council may, afterreport filed by the improvement board, by resolutionrequire such property owner, in addition oralternative to the penalties prescribed by ECMC12.05.020, to abate the nuisance by removal ordestruction, at his cost and expense within a timespecified in the resolution; and if the removal ordestruction is not made by such owner within thetime specified, the city may abate the same as providedin ECMC 12.05.050. (Ord. 456 § 1, 2012;Ord. 266, 1988; Ord. 174 § 3, 1977)12.05.040 Notice of proposed resolution.The resolution mentioned in ECMC 12.05.030shall not be passed until the property owner isgiven at least 10 days’ notice of the pendency of theproposed resolution; such notice shall be given bythe improvement board by mailing a copy of thenotice to the owner as shown upon the records ofthe county treasurer and at the address shownthereon; and if no owner and address is shown onsuch records, a copy of the notice shall be postedupon the property, and shall also be published inone issue of the official newspaper. The mailing,posting and publication shall be made at least 10days before the resolution is adopted and proofshall be made by affidavit of the improvementboard filed with the city clerk-treasurer. The noticeshall include a description of the property involvedand the nature of the hazardous condition constitutingthe nuisance and shall be substantially in thefollowing form:City of Electric City, WashingtonTO: _____________________Owner of land, commonly known as______________ Street, legally describedas: ____________________:You are hereby notified pursuant to ElectricCity Ordinance No. _____ that the ImprovementBoard has found the existenceof a public nuisance on your property,namely: __________.This condition is contrary to the ordinancecited above.You are hereby further notified that on___________ the City Council will entertaina resolution to require you to abatesaid nuisance at your cost and expensewithin a specified time. If you wish to voiceobjections to this action you must bepresent at the council meeting at theabove date.(Ord. 456 § 1, 2012; Ord. 174 § 4, 1977)12-3

12.05.050 CONSTRUCTION, REPAIR AND MAINTENANCE12.05.050 Abatement by city – Costs.If the nuisance is not abated by removal ordestruction by the property owner within the timefixed in the resolution, the city may abate the sameand shall render a bill covering the cost to the cityof such abatement, including the improvementboard’s expense, and mail the bill to the propertyowner. If the property owner fails or refuses to paythe bill immediately, or if no bill is renderedbecause he cannot be found, the city may file a lientherefor against said property, which lien shall bein the same form, filed with the same officer andwithin the same time and manner and enforced andforeclosed as may be made pursuant to Chapter60.04 RCW. Such liens shall be filed no later than90 days from the date of the cessation of the performanceof such labor or the furnishing of such materialsor the supplying of such equipment. The lienshall be filed in the office of the county auditor.(Ord. 456 § 1, 2012; Ord. 266, 1988; Ord. 174 § 5,1977)12.05.060 Authority for chapter.This chapter is enacted pursuant to the authoritygranted by RCW 35.21.310, as amended. (Ord. 364§ 41, 2005; Ord. 174 § 6, 1977)Chapter 12.10CONSTRUCTION, REPAIRAND MAINTENANCESections:12.10.010 Supervision.12.10.020 Permit required.12.10.030 Bond.12.10.040 Specifications.12.10.050 Injury to new pavements.12.10.060 Repairs.12.10.070 Obstructions.12.10.080 Barricades.12.10.090 Disturbing barricades.12.10.100 Private use.12.10.110 Encroachments.12.10.120 Drains.12.10.130 Poles and wires.12.10.140 Gasoline pumps.12.10.150 Games.12.10.160 Openings.12.10.170 Plantings.12.10.180 Removal.12.10.190 Injury.12.10.200 Advertisements – Notices.12.10.210 Dangerous trees.12.10.220 Wires.12.10.230 Excavations.12.10.240 Deposits on streets.12.10.250 Deposits on sidewalks.12.10.260 Burning leaves and rubbish.12.10.270 Violation – Penalty.12.10.010 Supervision.All maintenance and repair of public streets,alleys, sidewalks and other public ways shall beunder the supervision of the mayor or his or herappointed designee. He shall be charged with theenforcement of all ordinance provisions relating tosuch public places (except traffic ordinances) andis hereby authorized to enforce such ordinance.(Ord. 364 § 42, 2005; Ord. 64 § 1, 1961)12.10.020 Permit required.It shall be unlawful to construct or lay any pavementon any public street, sidewalk, alley or otherpublic way, or to repair the same, without havingfirst secured a permit therefor. Application for suchpermits shall be made to the clerk-treasurer, andshall state the location of the intended pavement orrepair, the extent thereof, and the person or firmwho is to do the actual construction work. No suchpermits shall be issued except where the work will12-4

ELECTRIC CITY MUNICIPAL CODE 12.10.160conform to the ordinances of the city of ElectricCity. (Ord. 456 § 1, 2012; Ord. 64 § 2, 1961)12.10.030 Bond.Each applicant shall file a bond in the amount of$2,000 with the surety to be approved by the councilconditioned to indemnify the city for any loss ordamage resulting from the work undertaken or themanner of doing the same. (Ord. 456 § 1, 2012;Ord. 364 § 43, 2005; Ord. 64 § 3, 1961)12.10.040 Specifications.All street and sidewalk pavements shall be madein conformity with specifications laid down orapproved from time to time by the council. (Ord.64 § 4, 1961)12.10.050 Injury to new pavements.It shall be unlawful to walk upon or drive anyvehicle or animal upon, or injure, any newly laidstreet or sidewalk pavement while the same isguarded by a warning sign or barricade, or toknowingly injure any soft or newly laid pavement.(Ord. 64 § 5, 1961)12.10.060 Repairs.All public streets, alleys or sidewalk pavementsshall be in good repair. Such repair work, whetherdone by the city or by the abutting owner, shall beunder the supervision of the mayor or his or herappointed designee. Any work done for and onbehalf of any property owner on any street, alley,sidewalk or other way by the city shall be paid forby said owner in the amount of $75.00 per hour forwork done, with a minimum charge of $75.00regardless of time involved. (Ord. 456 § 1, 2012;Ord. 364 § 44, 2005; Ord. 64 § 6, 1961)12.10.070 Obstructions.It shall be unlawful for any person, firm or corporationto cause, create or maintain any obstructionof any street, alley, sidewalk or other publicway, except as may be specified by ordinance or bythe commissioner of streets and public improvements.(Ord. 64 § 7, 1961)12.10.080 Barricades.Any person, firm or corporation laying or repairingany pavement on a street, sidewalk or otherpublic place, or making an excavation in the same,shall maintain and install suitable barricades asrequired by the Traffic Control Manual on In-Street Work before street work has started. (Ord.364 § 45, 2005; Ord. 64 § 8, 1961)12.10.090 Disturbing barricades.It shall be unlawful to disturb or interfere withany barricade or lights lawfully placed to protect ormark any new pavement or excavation or openingin any public street, alley or sidewalk. (Ord. 64 § 9,1961)12.10.100 Private use.It shall be unlawful for any person, firm or corporationto use any street, sidewalk or other publicplace as space for the display of goods or merchandisefor sale; or to write or make any sign or advertisementon any such pavement. (Ord. 64 § 10,1961)12.10.110 Encroachments.It shall be unlawful to erect or maintain anybuilding or structure which encroaches upon anypublic street or property. (Ord. 64 § 11, 1961)12.10.120 Drains.It shall be unlawful to obstruct any drain in anypublic street or property. (Ord. 64 § 12, 1961)12.10.130 Poles and wires.It shall be unlawful to erect any poles or wires ormaintain any poles or wires over any public place,street, alley or other public way without havingfirst secured permission from the mayor and council.(Ord. 64 § 13, 1961)12.10.140 Gasoline pumps.It shall be unlawful to erect or maintain any gasolinepump on any public street or sidewalk in thecity. (Ord. 456 § 1, 2012; Ord. 64 § 14, 1961)12.10.150 Games.It shall be unlawful to play any games upon anystreet, alley or sidewalk, or other public place,where such games cause noise that can be heard ata distance of 30 feet from the street, alley or sidewalk,or other public place, interfere with traffic orpedestrians, or endanger the safety of other personsusing the sidewalk when games are being played.All parts, toys, tools, etc., shall be removed fromthe street, alley, sidewalk or other public place if sodirected by the police, mayor, or council person.(Ord. 364 § 46, 2005; Ord. 64 § 15, 1961)12.10.160 Openings.It shall be unlawful to construct or maintain anyopening or stairway in any public street or sidewalkor alley without a permit from the city council.All such lawfully maintained openings shall be12-5

12.10.170 CONSTRUCTION, REPAIR AND MAINTENANCEguarded by a suitable strong cover or railing, asrequired by the Traffic Control Manual on In-Street Work, to the approval of the mayor or his orher appointed designee. (Ord. 456 § 1, 2012; Ord.364 § 47, 2005; Ord. 64 § 16, 1961)12.10.170 Plantings.(1) It shall be unlawful to plant any tree or bushin any public street or parkway or other publicplace without having secured a permit therefor.Applications for such permits shall be made to thecity clerk-treasurer and referred by him to themayor or his or her appointed designee before issuance.All trees and shrubs so planted shall beplaced subject to the direction and the approval ofthe council. No rock gardens, boulders, benches, orfences shall be built or maintained in any parkway.(2) It shall be unlawful to plant, set out or propagatein any public street, parkway or other publicplace any of those species of trees commonlyknown as soft maple, poplar, willow or catalpa orany variety thereof. (Ord. 456 § 1, 2012; Ord. 364§ 48, 2005; Ord. 64 § 17, 1961)12.10.180 Removal.It shall be unlawful to remove or cut down anytree or shrub in any such public place without havingsecured a permit therefor. Applications forsuch permits shall be made to the city clerk-treasurerand shall be referred to and approved by thecity council before issuance. (Ord. 456 § 1, 2012;Ord. 64 § 18, 1961)12.10.190 Injury.It shall be unlawful to injure any tree or shrubplanted or growing in any such public place. (Ord.64 § 19, 1961)12.10.200 Advertisements – Notices.It shall be unlawful to attach any sign, advertisementor notice to any tree or shrub in any such publicplace. (Ord. 64 § 20, 1961)12.10.210 Dangerous trees.Any tree or shrub which overhangs any sidewalk,street or other public place in the city in sucha way as to impede or interfere with traffic ortravel, or within 10 feet of a street or seven feet ofa sidewalk level, shall be trimmed by the owner ofthe premises abutting or of the premises on whichsuch tree or shrub grows so that the obstructionshall cease. Any tree or limb of a tree which hasbecome likely to fall on or across any public wayor place shall be removed by the owner of the premiseson which such tree grows or stands. Thecommissioner of streets and public improvementsmay trim any such tree or shrub or remove any suchtree or branch thereof so that the obstruction ordanger to traffic or passage shall be done awaywith. (Ord. 456 § 1, 2012; Ord. 64 § 21, 1961)12.10.220 Wires.(1) It shall be unlawful to attach any wire orrope to any tree or shrub in any public street, parkwayor other public place without the permission ofthe council.(2) Any person or company which maintainspoles and wires in the streets, alleys or other publicplaces shall, in the absence of provision in the franchiseconcerning the subject, keep such wires andpoles free from and away from any trees and shrubsin such places as far as may be possible, and keepall such trees and shrubs near such wires and polesproperly trimmed subject to the supervision of thecommissioner of streets and public improvements,so that no injury shall be done either to the poles orwires or to the shrubs and trees by their contact.(Ord. 64 § 22, 1961)12.10.230 Excavations.In making excavations in streets or other publicplaces proper care shall be taken to avoid injury tothe roots of any tree or shrub wherever possible.(Ord. 64 § 23, 1961)12.10.240 Deposits on streets.(1) It shall be unlawful to deposit on any streetany material which may be harmful to the pavementthereof, or any waste material, or any glass,or other articles which may do injury to any person,animal or property.(2) Material may be deposited in streets preparatoryto delivery or use; provided, that suchdeposit does not reduce the usable width of theroadway at that point to less than 18 feet; and provided,that such material, other than material to beused in actual building construction, shall not bepermitted to remain in such street for more thanthree hours.(3) Any such material shall be guarded by lightsif the same remains upon any street after nighttime.(Ord. 364 § 49, 2005; Ord. 64 § 24, 1961)12.10.250 Deposits on sidewalks.It shall be unlawful to deposit on any publicsidewalk any material that may be harmful to thepavement thereof, or any waste material, or anyglass or other articles which might cause injury to12-6

ELECTRIC CITY MUNICIPAL CODE 12.15.040persons, animals or property. Merchandise or otherarticles may be deposited on sidewalks preparatoryto delivery; provided, that the usable width of thesidewalk is not thereby reduced to less than fourfeet; and provided, that no such article shall remainon such walk for more than one-half hour. (Ord. 64§ 25, 1961)12.10.260 Burning leaves and rubbish.It shall be unlawful for any person, firm or corporationto burn any leaves, paper, rubbish or othersubstances upon any of the public streets, sidewalks,or alleys in the city. (Ord. 456 § 1, 2012;Ord. 64 § 26, 1961)12.10.270 Violation – Penalty.Any person, firm or corporation violating anyprovision of this chapter shall be fined not less than$300.00 nor more than $1,000 for each offense anda separate offense shall be deemed committed oneach day during or on which a violation occurs orcontinues. (Ord. 364 § 50, 2005; Ord. 64 § 27,1961)Chapter 12.15EXCAVATIONSSections:12.15.010 Permit required.12.15.020 Applications.12.15.030 Bond.12.15.040 Deposit.12.15.050 Manner of excavating.12.15.060 Sidewalks.12.15.070 Surface.12.15.080 Supervision.12.15.090 Violation – Penalty.12.15.010 Permit required.It shall be unlawful for any person, firm or corporationto tunnel under or to make any excavationin any street, alley or other public place in the citywithout having obtained a permit as is hereinrequired or without complying with the provisionsof this chapter or in violation of or variance fromthe terms of any such permit. (Ord. 456 § 1, 2012;Ord. 65 § 1, 1961)12.15.020 Applications.Applications for such permits shall be made tothe clerk-treasurer, and shall describe the locationof the intended excavation or tunnel, the sizethereof, the purpose therefor, and the person, firmor corporation doing the actual excavating workand the name of the person, firm or corporation forwhom or which the work is being done, and shallcontain an agreement that the applicant will complywith all ordinances and laws relating to thework to be done. (Ord. 65 § 2, 1961)12.15.030 Bond.No such permit shall be issued unless and untilthe applicant therefor has filed with the clerk-treasurera bond in the sum of $100,000 conditioned toindemnify the city for any loss, liability or damagethat may result or accrue from or because of themaking, existence or manner of guarding or constructingany such tunnel or excavation. Such bondshall have as surety a corporation licensed to dobusiness in the state of Washington as a suretycompany. (Ord. 456 § 1, 2012; Ord. 364 § 51,2005; Ord. 65 § 3, 1961)12.15.040 Deposit.No such permit shall be issued unless and untilthe applicant therefor has deposited with the clerktreasurera cash deposit in the sum of $3,500, if no12-7

12.15.050 EXCAVATIONSpavement is involved, and $10,000 if the excavationis in a paved area, to ensure the proper restorationof the ground and laying of the pavement ifany. From this deposit shall be deducted theexpense to the city of relaying the surface of theground or pavement and of making the refill if thisis done by the city or at its expense, and the balanceshall be returned to the applicant without interestafter the tunnel or excavation is completely refilledand the surface or pavement is restored. (Ord. 456§ 1, 2012; Ord. 364 § 52, 2005; Ord. 65 § 4, 1961)12.15.050 Manner of excavating.(1) It shall be unlawful to make any such excavationor tunnel in any way contrary to or at variancewith the terms of the permit therefor. Properbracing shall be maintained to prevent the collapseof adjoining ground; and in excavations the excavationshall not have anywhere below the surfaceany portion which extends beyond the opening atthe surface.(2) No injury shall be done to any pipes, cablesor conduits in the making of such excavations ortunnels; and notice shall be given to the personsmaintaining any such pipes, cables or conduits, orto the city department or officer charged with thecare thereof, which are or may be endangered oraffected by the making of any such excavation ortunnel before such pipes, cables or conduits shallbe disturbed.(3) No unnecessary damage or injury shall bedone to any tree or shrub or the roots thereof. (Ord.456 § 1, 2012; Ord. 65 § 5, 1961)12.15.080 Supervision.The mayor or the mayor’s appointed designeeshall from time to time inspect, or cause to beinspected, all excavations and tunnels being madein or under any public street, alley or other publicplace in the city to see to the enforcement of theprovisions of this chapter. Notice shall be given tohim at least 10 hours before the work of refillingany such tunnel or excavation commences. (Ord.456 § 1, 2012; Ord. 364 § 53, 2005; Ord. 65 § 8,1961)12.15.090 Violation – Penalty.Any person, firm or corporation violating anyprovision of this chapter shall, upon conviction, bepunishable as set forth in Chapter 1.15 ECMC.(Ord. 364 § 54, 2005; Ord. 65 § 9, 1961)12.15.060 Sidewalks.If any sidewalk is blocked by any such work atemporary sidewalk shall be constructed or providedwhich shall be safe for travel and convenientfor users. (Ord. 65 § 6, 1961)12.15.070 Surface.(1) Any person, firm or corporation making anyexcavation or tunnel in or under any public street,alley or other public place in the city shall restorethe surface to its original condition if there is nopavement there. Refills shall be properly tampeddown, and any bracing in such tunnel or excavationshall be left in the ground.(2) Any opening in a paved or improved portionof a street shall be repaired and the surface relaidby the applicant, in compliance with the ordinancesof the city and under the supervision of the commissionerof streets and public improvement. (Ord.456 § 1, 2012; Ord. 65 § 7, 1961)12-8

ELECTRIC CITY MUNICIPAL CODE 12.20.050Chapter 12.20OILING OR PAVING OFSTREETS OR ALLEYSSections:12.20.010 Permit – Required.12.20.020 Permit – Application requirements –Granting or refusal – Fee.12.20.030 Permit required – Paving of parkinglot – Fee.12.20.040 Necessary work on streets or alleys.12.20.050 Violation – Penalty.street or alley when, in the judgment of the appropriatecity officials, such work is necessary on thestreet or alley. (Ord. 456 § 1, 2012; Ord. 279§ 12.52.030, 1990)12.20.050 Violation – Penalty.Any person, partnership or corporation violatingthe provisions of this chapter shall upon convictionthereof be punished by a civil penalty not exceeding$100.00. (Ord. 279 § 12.52.035, 1990)12.20.010 Permit – Required.It is unlawful without having first secured thewritten permit of the city council for any person,partnership or corporation to deposit on the surfaceof any street or alley of the city any oil or oily substanceor pavement of any nature whatsoever.(Ord. 456 § 1, 2012; Ord. 279 § 12.52.010, 1990)12.20.020 Permit – Application requirements– Granting or refusal – Fee.Any person, partnership or corporation desiringto oil or pave the surface of any street or alley in thecity shall, before so doing, submit an application tothe city council for a permit describing the particularstreets or alleys to be oiled or paved and the typeof resurfacing to be used according to materialsafety data sheet. If in the judgment of the citycouncil the proposed resurfacing will not in anymanner injure the surface of the street or alleysought to be resurfaced, then the permit so soughtshall be granted, but if in the judgment of the citycouncil it appears that the proposed resurfacingwill injure or cause damage or deterioration of thesurface of the street or alley, then the permit shallbe refused. The city shall charge a fee for each suchpermit in the amount of $1,000 per permit. (Ord.456 § 1, 2012; Ord. 364 § 55, 2005; Ord. 279§ 12.52.020, 1990)12.20.030 Permit required – Paving of parkinglot – Fee.No person shall pave any parking lot within thecity without first procuring a permit therefor fromthe city council. The city shall charge a fee for eachsuch permit in the amount of $15.00 per permit.(Ord. 456 § 1, 2012; Ord. 279 § 12.52.025, 1990)12.20.040 Necessary work on streets or alleys.Notwithstanding the issuance of a permit, thecity may at any time grade or renew or repair any12-9

12.25.010 HIGHWAY ACCESS MANAGEMENTChapter 12.25HIGHWAY ACCESS MANAGEMENTSections:12.25.010 Purpose.12.25.020 Adoption by reference.12.25.010 Purpose.This chapter is adopted to implement RCW47.50.030 for the regulation and control of vehicularaccess and connection points of ingress to, andegress from, the state highway system within theincorporated areas of Electric City, Washington.(Ord. 397 § 1, 2007)12.25.020 Adoption by reference.Pursuant to the requirements and authority ofRCW 47.50.030, there are hereby adopted by referencethe provisions of Chapters 468-51 and 468-52 WAC, as now adopted or hereafter amended, inorder to implement the requirements of RCW47.50.030. (Ord. 397 § 1, 2007)12-10

Title 13PUBLIC SERVICESChapters:13.05 Water13.10 Cross Connections and Backflow Prevention Program13.15 Sewers13.20 Sewer User Charges13.25 Utility Franchises13.35 Utility Service Terminations13-1

ELECTRIC CITY MUNICIPAL CODE 13.05.090Chapter 13.05WATERSections:13.05.010 Water division established.13.05.020 Superintendent.13.05.030 Service meters required.13.05.040 Meters – Installation request.13.05.050 Meters – Control.13.05.060 Meters – Installation – Cost.13.05.070 Meters – Size, design, testing andaccessibility.13.05.080 Meters – Removal.13.05.090 Right of entry.13.05.100 Separate connections with city mainrequired – Exceptions.13.05.110 Water pipe materials and inspectionrequirements.13.05.120 Water pipe extension – Application –Charges.13.05.130 Unlawful furnishing of water –Penalty.13.05.140 Rates for water, meters, etc.13.05.150 Delinquent charges.13.05.160 Water cut off – City free of liability.13.05.170 Excessive water usage – Penalty.13.05.180 Unlawful acts.13.05.190 Rates and charges – Meter reading –Office hours.13.05.200 Property owner responsible for allcharges.13.05.210 Utility account name changes.13.05.010 Water division established.The water division of the city of Electric City ishereby established and shall be in charge of asuperintendent appointed by the council. (Ord. 456§ 1, 2012; Ord. 75 § 1, 1962)13.05.020 Superintendent.The superintendent shall have full supervision,charge and control of the water division, subject tothe control of the council. (Ord. 75 § 2, 1962)13.05.030 Service meters required.All services in place, or to be installed, shallhave a meter installed with the service, and waterwill be supplied to such property through meteronly. (Ord. 75 § 3, 1962)13.05.040 Meters – Installation request.Water meters shall be installed by the superintendenton the request of the owners or lessees ofproperty capable of being served by the water system.(Ord. 75 § 4, 1962)13.05.050 Meters – Control.Meters will be installed by the city at cost or theapplicant may, at his option, supply his own meter.All meters remain under the control of the waterdivision while water is being served to the premisesthrough the meter. (Ord. 456 § 1, 2012; Ord.75 § 5, 1962)13.05.060 Meters – Installation – Cost.The actual installation of all meters shall bedone by the water division and the cost of themeter, when supplied by the city, and the cost ofinstalling the same, shall be paid by the owner orlessee requesting the service. (Ord. 456 § 1, 2012;Ord. 75 § 6, 1962)13.05.070 Meters – Size, design, testing andaccessibility.All meters shall be of standard size and designapproved by the superintendent and each metershall, before it is installed, be separately examined,tested and approved by the superintendent. Allmeters must be provided with all necessary valvesand set in a manner approved by the superintendentof the water division. Meters shall at all times beaccessible to the superintendent. Meters installedon any property, or servicing any property, will betested by the superintendent at the request of theproperty owner or lessee on paying the chargetherefor. (Ord. 75 § 7, 1962)13.05.080 Meters – Removal.Meters, when installed on any property, shallonly be removed when authorized by an employeeof the water division. For violation of this provisionthe water shall be turned off and a penalty of$10.00 shall be imposed, which penalty must bepaid before the water is again turned on. (Ord. 75§ 8, 1962)13.05.090 Right of entry.The water division reserves the right to enter atany reasonable time any premises where city wateris used for the purpose of making examination ofthe premises or to test the meter and also reservesthe right to remove the meters from the premisesfor examination and tests when necessary. (Ord.456 § 1, 2012; Ord. 75 § 9, 1962)13-3

13.05.100 WATER13.05.100 Separate connections with city mainrequired – Exceptions.Every separate building supplied with city watermust have its own separate connection with the citymain, except that two or more buildings located onthe same lot or contiguous lots under single ownershipmay be, upon written permission granted bythe superintendent, supplied through the same connectionwith the city main in cases where a meter isinstalled in the service so long as said single ownershipand possession continues. Upon changefrom such single ownership and possession a newand separate connection shall be immediatelymade for the building or premises theretofore havingthe indirect connection. (Ord. 456 § 1, 2012;Ord. 75 § 10, 1962)13.05.110 Water pipe materials and inspectionrequirements.Every service pipe shall be provided with a stopand waste cock for each consumer, easily accessible,placed inside the foundation wall, beyonddamage from frost, and so situated that the watercan be conveniently shut off and drained from thepipe. All water pipes shall be either galvanizediron, brass or copper. All service pipes inside propertylines shall hereafter be laid to a depth of atleast four feet below the surface of the ground. Allwater pipes laid inside the property line on any premisesshall be left exposed in the trench untilinspected by the superintendent of water. Whenthey have passed inspection and have beenapproved, the pipes shall be properly covered bythe property owner. (Ord. 364 § 56, 2005; Ord. 75§ 11, 1962)13.05.120 Water pipe extension – Application– Charges.It shall be unlawful for any person, firm or corporation,whose premises are supplied with citywater, to extend any water pipe outside of anybuilding on his premises unless he has writtenauthorization so to do from the superintendent. Theapplication for such a permit shall be made in writingand an additional charge of $35.00 made forshutting off and turning on such service. In case thewater shall be turned off, as provided in this section,the same shall not be turned on again until allrates and charges against such premises have beenpaid. (Ord. 456 § 1, 2012; Ord. 364 § 57, 2005;Ord. 75 § 12, 1962)13.05.130 Unlawful furnishing of water –Penalty.No owner or lessee of property supplied withwater from the city main shall furnish water to anyother person or property without first obtainingwritten permission so to do from the superintendent.In the event permission is not granted, theperson or persons permitting this usage shall be liablefor a fine of $35.00. The superintendent shallturn the water off from such premises until suchfine is paid. (Ord. 456 § 1, 2012; Ord. 364 § 58,2005; Ord. 75 § 13, 1962)13.05.140 Rates for water, meters, etc.All rates for water supplied to any property connectedwith the city mains shall be charged to theapplicant and against the property so supplied. Allcharges for meters supplied, installed, or repairedby the water division, all charges on account oflabor furnished or material supplied in the installationof any service connection with the city main orfor tapping the city mains, or charges for turningwater on or off, and all fines and penalties assessedor imposed under the provisions of this chaptershall be charged to the applicant and against theproperty for which the service was rendered or thefine or penalty imposed. (Ord. 456 § 1, 2012; Ord.75 § 14, 1962)13.05.150 Delinquent charges.When any charge for water supplied to, or forturning water on or off from, the premises connectedwith the city mains shall become delinquent,the water may be cut off from such premisesand shall not be turned on again until all of suchcharges and all fines and penalties imposed underthe provisions of this chapter or the rules of thewater division on account of such delinquencyshall have been paid. When any charge or charges,or any portion thereof, or any installment of anycharge or charges on account of any meter supplied,or on account of labor furnished or materialsupplied in the installation or repair of any meter ormeters, or in the installation or repair of any serviceconnection with the city mains, or for tapping thecity mains, shall become delinquent and remaindelinquent for a period of 30 days, the same shallbear interest at the rate of 10 percent per annumfrom the date of delinquency until paid; and saiddelinquent charges and any interest that mayaccrue thereon shall, in addition to being a personalliability of the applicant, at all times be and remaina permanent charge and lien against such premisesuntil the same are paid. Said lien may be enforced13-4

ELECTRIC CITY MUNICIPAL CODE 13.05.200at any time after any of said charges shall becomedelinquent by cutting the water off from said premisesand keeping the same cut off until suchdelinquent charges and interest, if any, have beenpaid, and such lien and the enforcement thereofshall be an additional remedy for the collection ofsuch charges. (Ord. 456 § 1, 2012; Ord. 75 § 15,1962)13.05.160 Water cut off – City free of liability.The city shall provide notice before shutting offwater from any premises connected to the citymains, for repairs, extensions or other necessarypurposes, except where emergency precludesnotice; and the city shall ensure that boilers andsimilar devices are equipped with safety mechanismsin case of failure of the water supply, inaccordance with the city’s building code. (Ord. 456§ 1, 2012; Ord. 364 § 59, 2005; Ord. 75 § 16, 1962)13.05.170 Excessive water usage – Penalty.It shall be unlawful for any householder or otherconsumer of water supplied by the city of ElectricCity to cause or permit water to be dischargedthrough any pipes or faucets in any house, buildingor premises, owned or occupied by such householderor other consumer of water, in excess of thequantity actually necessary for domestic, irrigationor other lawful purposes for which payment ismade. Any person violating the provisions of thissection shall be subject to a fine of up to $100.00,and water supply to the premises may be cut offuntil such fine is paid. (Ord. 456 § 1, 2012; Ord.364 § 60, 2005; Ord. 75 § 17, 1962)13.05.180 Unlawful acts.Every person who, with intent to injure ordefraud, shall:(1) Break or deface the seal of any water meter;or(2) Obstruct, alter, injure or prevent the actionof any meter or other instrument used to measure orregister the quantity of water supplied to a consumerthereof; or(3) Make any connection by means of a pipe, orotherwise, with any main or pipe used for the deliveryof water to a consumer thereof, in such manneras to take water from said main or pipe without itspassage through the meter or other instrument providedfor registering the amount or quantity consumed,or use any water so obtained; or(4) Make any connection or reconnection withsuch main or pipe, or turn on or off, or in any mannerinterfere with, any valve, stop-cock or otherappliance connected therewith; or(5) Prevent by the erection of any device orconstruction, or by any other means, free access toany meter or other instrument for registering ormeasuring the amount of water consumed, or interferewith, obstruct or prevent, by any means, thereading or inspection of such meter or instrument,by any of the officers or authorized employees ofthe city of Electric City;shall be guilty of a misdemeanor and upon a convictionthereof shall be punishable as set forth inChapter 1.15 ECMC. (Ord. 456 § 1, 2012; Ord.364 § 61, 2005; Ord. 75 § 18, 1962)13.05.190 Rates and charges – Meter reading –Office hours.(1) All rates and usage limits related to waterservices, connection fees, delinquent charges andservice charges for both inside the corporate limitsand outside the corporate limits of the city shall beestablished by resolution.(2) Water meters will be read starting the twentiethday of each month. All water charges are payableat the City Hall on or before the twentieth dayof the following month by 5:00 p.m. A penaltyshall be assessed by resolution on all delinquentutility bills and a service charge established by resolutionwill be made for turning on any water servicethat has been turned off for failure to pay theutility bill.(3) Office hours for the payment of utility billsand any other business pertaining to the operationof the water and sewer system will be at the CityHall between the hours of 9:00 a.m. and 5:00 p.m.,except for the noon hour, from Monday throughFriday, except legal holidays.(4) Any and all rates related to water servicesshall be revised, as necessary, and updated by resolution.(Ord. 456 § 1, 2012; Ord. 322, 1995; Ord.154, 1974; Ord. 148 § 1, 1973; Ord. 134 § 1, 1972;Ord. 112 § 1, 1969; Ord. 75 § 19, 1962)13.05.200 Property owner responsible for allcharges.Property owners who rent their property will beheld responsible for all water charges and waterwill be turned on only by written order of saidowner to the water superintendent. (Ord. 75 § 20,1962)13-5

13.05.210 CROSS CONNECTIONS AND BACKFLOW PREVENTION PROGRAM13.05.210 Utility account name changes.A nonrefundable service charge of $10.00 willbe made for all name changes on all utilityaccounts. (Ord. 364 § 62, 2005; Ord. 278, 1989)Chapter 13.10CROSS CONNECTIONS AND BACKFLOWPREVENTION PROGRAMSections:13.10.010 Definitions.13.10.020 Purpose.13.10.030 Backflow prevention.13.10.040 Responsibilities.13.10.050 Certified backflow assembly testers.13.10.060 Enforcement – Penalty.13.10.070 Conformance with state codes.13.10.010 Definitions.For purposes of this chapter, the followingwords and phrases shall be defined as follows:(1) “Air gap” means the vertical physical separationbetween the free-flowing discharge end ofthe potable supply line and the overflow rim of thereceiving vessel. This separation must be at leasttwice the inside diameter of the supply line, butnever less than one inch. When located near walls,the air gap separation must be increased.(2) “Approval/approved” means approved inwriting by the health authority, city of ElectricCity, or other agency having jurisdiction.(3) “Auxiliary water supply” means any watersupply on, or available to, a premises other than thecity of Electric City’s approved public potablewater supply.(4) “Backflow” means the flow of water orother liquids, gases or solids from any source backinto the distribution piping of the public potablesupply system.(5) “Backflow prevention assembly” means anassembly that prevents the backflow of water orother liquids, gases or solids into the city of ElectricCity’s potable water supply and appears on thehealth authority approved list.(6) “Backflow prevention device” means adevice which prevents the backflow of water orother liquids, gases or solids into the city of ElectricCity’s potable water supply and does notappear on the health authority approved list.(7) “Certified backflow assembly tester” meansa person who is certified by the health authority, orother approval agency, to test backflow preventionassemblies.(8) “Certified cross connection control specialist/inspector”means a person who is certified bythe health authority, or other approval agency, toadminister a cross connection control program andto conduct cross connection surveys.13-6

ELECTRIC CITY MUNICIPAL CODE 13.10.030(9) “Contamination” means an impairment ofthe quality of the potable water which creates anactual hazard to the public health through poisoningor through the spread of diseases by sewage,industrial fluids or waste. Also defined as “highhazard.”(10) “Cross connection” means a point in theplumbing system where the public potable watersupply is connected directly, or has the potential ofbeing connected, to a source of nonpotable substancethat is not a part of the public potable watersupply.(11) “Double check detector assembly(DCDA)” means an approved assembly consistingof two approved double check valve assemblies,set in parallel, equipped with a meter on the bypassline to detect small amounts of water leakage oruse. This unit must be purchased as a completeassembly. The assembly may be allowed on fireline water services in place of an approved doublecheck valve assembly upon approval by the localwater authority.(12) “Double check valve assembly (DCVA)”means an approved assembly consisting of twoindependently operating check valves, loaded tothe closed position by springs or weights, andinstalled as a unit with, and between, two resilientseated shutoff valves and having suitable connectionsfor testing.(13) “High hazard” means a physical or toxichazard which could be detrimental to one’s health.(14) “Low hazard” means a hazard which couldcause aesthetic problems or have a detrimentaleffect on the quality of the public potable watersupply.(15) “Nonpotable fluid” means any water, otherliquid, gas, or other substance that is not safe forhuman consumption, or is not a part of the publicpotable water supply as described by the healthauthority.(16) “Pollution” means an impairment of thequality of the public potable water supply whichdoes not create a hazard to the public health butwhich does adversely affect the aesthetic qualitiesof such potable waters for domestic use. Alsodefined as “low hazard.”(17) “Potable water” means water which is safefor human consumption, free from harmful orobjectionable materials, as described by the healthauthority.(18) “Process water” means water that isdirectly connected to, or could come in contactwith, an extreme high hazard situation, and mustnever be consumed by humans.(19) “Pressure vacuum breaker assembly(PVBA)” means an approved assembly consistingof a spring-loaded check valve loaded to the closedposition, an independently operating air inlet valveloaded to the open position and installed as a unitwith and between two resilient seated shutoffvalves and with suitable connections for testing. Itis designed to protect against backsiphonage only.(20) “Reduced pressure backflow assembly(RPBA)” means an approved assembly consistingof two independently operating check valves,spring-loaded to the closed position, separated by aspring-loaded differential pressure relief valveloaded to the open position, and installed as a unitwith and between two resilient seated shutoffvalves and having suitable connections for testing.(21) “Reduced pressure detector assembly(RPDA)” means an approved assembly consistingof two approved reduced pressure backflow assemblies,set in parallel, equipped with a meter on thebypass line to detect small amounts of water leakageor use. This unit must be purchased as a completeassembly. The assembly may be allowed onfire line water services in place of an approvedreduced pressure backflow assembly uponapproval by the city of Electric City. (Ord. 456 § 1,2012; Ord. 335 § 2, 1998)13.10.020 Purpose.(1) The purpose of the cross connection controlprogram is to protect the health of water consumersand the potability of the public water system byassuring:(a) The inspection and regulation of plumbingand existing and proposed piping networks;and(b) The proper installation and surveillanceof backflow prevention assemblies when actual orpotential cross connections exist and cannot beeliminated.(2) No cross connections will exist except inaccordance with this chapter. (Ord. 335 § 3, 1998)13.10.030 Backflow prevention.(1) Elimination. Cross connections shall beremoved and eliminated where reasonably practical.(2) Alternatives to Elimination. Where it is notreasonably practical to remove or eliminate a crossconnection, then:(a) An air gap separation, reduced pressureprinciple backflow prevention assembly (RPBA)or a reduced pressure principle detector preventionassembly (RPDA) shall be installed if the cross13-7

13.10.040 CROSS CONNECTIONS AND BACKFLOW PREVENTION PROGRAMconnection creates an actual or potential healthhazard.(b) An air gap separation, RPBA, RPDA, ordouble check detector backflow prevention assembly(DCDA) shall be installed if the cross connectionis objectionable, but does not pose anunreasonable risk to health.(c) A pressure vacuum breaker assembly(PVBA) or an atmospheric vacuum breaker (AVB)may be installed where the substance which couldbackflow is objectionable, but does not pose anunreasonable risk to health, and where there is nopossibility of back pressure in the downstream piping.(d) Backflow prevention assemblies, appropriatefor the degree of hazard or air gaps and insome cases both, shall be installed at the serviceconnection or within the department of health, nohazard exists: hospitals, mortuaries, clinics, laboratories,sewage treatment plants, food and beverageprocessing plants, chemical plants using processwater, metal plating industries, petroleum processingor storage plants, radioactive material processingplants or nuclear reactors, car washes, facilitieshaving a nonpotable auxiliary water supply, andothers specified by the department.(3) Backflow Prevention Assemblies/Devices.All installed RPBAs, RPDAs, DCVAs, DCDAsand PVBAs shall be models included on the currentlist of Washington State-approved cross connectioncontrol assembly devices at the time ofinstallation. All installed RPBAs, RPDAs,DCVAs, DCDAs and PVDAs in service, but notlisted on the current state-approved cross connectioncontrol assembly list, may remain in serviceprovided the backflow prevention assemblies:(a) Were listed on the current WashingtonState-approved cross connection control assemblylist at the time of installation;(b) Are properly maintained;(c) Are of a type appropriate for the degreeof hazard; and(d) Are tested and successfully pass the testannually.When unlisted assemblies are moved or requiremore than minimum maintenance, the unlistedassemblies shall be replaced by an assembly listedon the current approved model list.(4) Installation of Backflow Prevention Assemblies/Devices.All air gaps and backflow preventionassemblies shall be installed in accordance with thecross connection control manual of the PacificNorthwest Section – American Water Works Associationadopted by WAC 246-290-490.(5) Substitution. The city of Electric City maypermit the substitution of a properly installed airgap in lieu of an approved backflow preventionassembly. All such air gap substitutions shall beinspected annually by a Washington State certifiedbackflow assembly tester.(6) Inspection and Testing.(a) A Washington State certified backflowassembly tester shall inspect and test all:(i) RPBAs;(ii) RPDAs;(iii) DCVAs;(iv) DCDAs;(v) New PVDA installations; and(vi) Existing PVBAs discovered throughroutine inspections.(b) Tests and/or inspections shall be conductedas follows:(i) At the time of initial installation;(ii) Annually after initial installation, ormore frequently if tests indicate repeated failures;and(iii) After the assembly is repaired.(7) Repair/Replacement. The assemblies shallbe repaired, overhauled, or replaced wheneverfound to be defective. Improperly installed oraltered air gaps must be replumbed or replaced byan approved RPBA at their discretion. Inspections,tests, and repairs shall be made under the city ofElectric City’s supervision and records thereofkept as required by the city of Electric City. (Ord.456 § 1, 2012; Ord. 335 § 4, 1998)13.10.040 Responsibilities.It is the responsibility of all property owners andtheir renters to abide by the conditions of this chapter.In the event of any changes to the plumbingsystem, it is the responsibility of the property ownersand their renters to notify the city of ElectricCity. All costs associated with this chapter and thepurchase, installation, testing and repair of devicesare the responsibility of the property owner and theproperty owner’s renters. The council shall establishrates for any service or testing provided by thecity for such devices, and the property owner shallbe responsible to pay such charges as part of thewater system charges to the subject property. (Ord.417 § 1, 2009; Ord. 335 § 5, 1998)13.10.050 Certified backflow assembly testers.A backflow assembly tester shall become certifiedand maintain certification per Department ofHealth backflow assembly testers’ certificationprogram guidelines. The Department of Health will13-8

ELECTRIC CITY MUNICIPAL CODE 13.15.030maintain a list of persons certified to test backflowprevention assemblies. (Ord. 335 § 6, 1998)13.10.060 Enforcement – Penalty.Failure of the city of Electric City’s water systemcustomer to cooperate in the installation, maintenance,repair, inspection or testing of backflowprevention assemblies shall be grounds for terminationof water service to the premises or therequirement for an air gap separation. If an emergencysituation exists, in the discretion of the cityof Electric City water systems superintendent,water service may be terminated immediately. If anemergency situation is not determined to exist, thewater service may be terminated after seven days’written notice to the customer. Notice will bedeemed to have been given when deposited in theElectric City branch of the United States PostalService. (Ord. 456 § 1, 2012; Ord. 335 § 7, 1998)13.10.070 Conformance with state codes.All cross connections and backflow preventionassemblies and devices shall conform with the UniformPlumbing Code, 1994 Edition, or latest edition,and as hereafter amended, and the state ofWashington, Board of Health, Drinking WaterRegulations, WAC 246-290-490, and said codesare hereby adopted by reference as if set forth infull herein. (Ord. 335 § 8, 1998)Chapter 13.15SEWERSSections:13.15.010 Sewer inspector.13.15.020 Control.13.15.030 Licenses and bond.13.15.040 Permit.13.15.050 Permit application.13.15.060 Pipe.13.15.070 Joint materials.13.15.080 Grades and changes.13.15.090 Connections with the main sewer.13.15.100 Use of public sewer.13.15.110 Wastes.13.15.120 Interceptors.13.15.130 Use of public sewers required.13.15.140 Maintenance by private owner.13.15.150 Tampering with manholes and publicsewers.13.15.160 Violation – Penalty.13.15.010 Sewer inspector.The council shall designate one of its employeesas city sewer inspector to serve at the pleasure ofthe council. (Ord. 456 § 1, 2012; Ord. 99 § 1, 1968)13.15.020 Control.The sewer inspector, under the direction of themayor and council, shall operate and control thesewer system as now or hereafter built and shallhave control of the building, maintenance andrepair thereof and of all connections thereto. (Ord.99 § 2, 1968)13.15.030 Licenses and bond.No connections shall be made with any sewersor drains except by persons regularly licensed toperform such work. The license fee for personsengaged in such work in the city of Electric Cityshall be $10.00 per year or part thereof and shall bepaid at the time of applying for the license. In additionto his application, any person intending toengage in such work in the city of Electric Cityshall file a bond in the office of the city clerk-treasurerin the penal sum of $1,000, said bond to be ina form approved by the city attorney and conditionedthat said applicant shall indemnify and holdharmless the city of Electric City from all claims,accidents and damages occasioned by him or thosein his employ or under his direction, resulting fromthe making of any connections with any public orprivate sewer, or for any other purpose, and that he13-9

13.15.040 SEWERSwill restore any street, alley, parkway or other publicplace which may be disturbed by such work toas good condition as it was previous to the commencementof his work; provided, however, thatthis section shall not prevent any property ownerfrom making connections to the sewer upon hispremises if such connection shall meet the specificationsas hereinafter set forth. (Ord. 456 § 1,2012; Ord. 99 § 3, 1968)13.15.040 Permit.No connections with the city sewer system shallbe made by any person without having firstobtained a permit from the city. All connectionswith the city sewer system shall be made under thesupervision of the city sewer inspector and no suchconnections shall be made without first giving theinspector notice that said connection is ready to bemade. (Ord. 456 § 1, 2012; Ord. 99 § 4, 1968)13.15.050 Permit application.All applications for permits shall state the locationof the property, in lot and block numberswithin platted areas, the name of the owner, thenumber of buildings to be connected, and howoccupied. A plan of the proposed connection shallbe submitted with the application showing thewhole course of the sewer from the house or buildingto the point of connection with the city sewersystem and shall show the location of all branches,wyes, traps and plumbing fixtures to be connectedtherewith. If said plan shall conform with therequirements of this chapter; with the PlumbingCode of the state of Washington, which is herebyadopted and made a part of this chapter as if it wereset forth in full; and the rules and regulations of theState Department of Health, the sewer inspectorshall so certify and the clerk-treasurer or citysupervisor shall thereupon issue the permit uponthe payment of the fee of $5.00, which sum shall bepaid and collected before the permit shall be issuedand shall include the inspection fees and charges.(Ord. 456 § 1, 2012; Ord. 99 § 5, 1968)13.15.060 Pipe.All connections shall be made with pipe not lessthan four inches in diameter. Such pipe shall beextra strength unglazed sewer pipe and fittings,ASTM C-278 or equal; concrete sewer pipe and fittings,ASTM C-14, extra strength or equal; cementasbestos sewer pipe and fittings, ASTM C-428; orWPOA UPC MS 1-58; for building sewer pipe,cast iron soil pipe shall be ASTM A-74, or otherpipe as approved by the city engineer and citycouncil. (Ord. 456 § 1, 2012; Ord. 99 § 6, 1968)13.15.070 Joint materials.All joint materials shall conform to the followingas applicable: joints for circular concrete sewerpipe using flexible water-tight rubber gaskets shallconform to ASTM C-443, vitrified clay pipe jointsusing materials having resilient properties shallconform to ASTM C-425, rubber rings for asbestoscement shall conform to ASTM D-1869. (Ord. 99§ 7, 1968)13.15.080 Grades and changes.All house drains and private sewers laid in anystreet, alley or other public place shall conform tosuch grades and lines as may be prescribed by thecity sewer inspector and as little as possible of thetrench shall by dug until the branch pipe is locatedin the public sewer. All drains shall be laid asnearly as possible in straight lines and uniformgrades and any changes in direction or grades shallbe made with fittings or curves to be approved bythe city sewer inspector. (Ord. 456 § 1, 2012; Ord.99 § 8, 1968)13.15.090 Connections with the main sewer.When no branch is available within a reasonabledistance, the main sewer shall be tapped and a hubshall be cemented into a hole cut into the mainsewer pipe, which hub shall not extend or protrudepast the inside wall of said pipe. The sewer shallnot be tapped below the center line of the pipe andall such taps shall be inspected and approved by thesewer inspector. (Ord. 99 § 9, 1968)13.15.100 Use of public sewer.No person shall discharge or cause to be dischargedany storm water, surface water, groundwater or roof runoff, subsurface drainage, coolingwater or unpolluted industrial process waters toany sanitary sewer. (Ord. 99 § 10, 1968)13.15.110 Wastes.Except as hereinafter provided, no person shalldischarge or cause to be discharged any of the followingdescribed waters or wastes to any publicsewer:(1) Any liquid or vapor having a temperaturehigher than 150 degrees Fahrenheit;(2) Any fat, oil, grease, gasoline, benzene,naphtha, fuel oil, or other flammable or explosiveliquid, solid or gas;13-10

ELECTRIC CITY MUNICIPAL CODE 13.15.150(3) Any garbage that has not been properlyshredded (any ashes, cinders, sand, mud, straw,shavings, metal, glass, rags, feathers, tar, plastics,wood, paunch manure, or any other solid or viscoussubstance capable of causing obstruction tothe flow in sewers or other interference with theproper operation of the sewer works);(4) Any waters or waste having a pH lower than5.5 or higher than 9.0, or having any other corrosiveproperty capable of causing damage or hazardto structures, equipment, and personnel of the sewageworks;(5) Any waters or wastes containing a toxic orpoisonous substance in sufficient quantity to injureor interfere with any sewage treatment process,constitute a hazard to humans or animals, or createany hazard in the receiving waters of the sewagetreatment plant;(6) Any waters or wastes containing suspendedsolids of such character and quantity that unusualattention or expense is required to handle suchmaterials at the sewage treatment plant;(7) Any noxious or malodorous gas or substancecapable of creating a public nuisance;(8) Any milk product wastes. (Ord. 99 § 11,1968)13.15.120 Interceptors.(1) Grease, oil and sand interceptors shall beprovided when, in the opinion of the inspectors,they are necessary for the proper handling of liquidwastes containing grease in excessive amounts, orany flammable wastes, sand and other harmfulingredients; except that such interceptors shall notbe required for private living quarters or dwellingunits. All interceptors shall be of a type and capacityapproved by the inspector, and shall be locatedas to be readily and easily accessible for cleaningand inspection.(2) Grease and oil interceptors shall be constructedof impervious materials capable of withstandingabrupt and extreme changes intemperature. They shall be of substantial construction,watertight, and equipped with easily removablecovers which when bolted in place shall begastight and watertight.(3) Where installed, all grease, oil and sandinterceptors shall be maintained by the owner, athis expense, in continuously efficient operation atall times. (Ord. 99 § 12, 1968)13.15.130 Use of public sewers required.(1) It shall be unlawful for any person to place,deposit or permit to be deposited in an unsanitarymanner upon public or private property within thecity of Electric City, or in any area under the jurisdictionof said city, any human or animal excrement,garbage, or other objectionable waste.(2) It shall be unlawful to discharge to any naturaloutlet within the city of Electric City, or in anyarea under the jurisdiction of said city, any sanitarysewage, industrial wastes, or other polluted waters,except where suitable treatment has been providedin accordance with subsequent provisions of thischapter.(3) Except as hereinafter provided, it shall beunlawful to construct or maintain any privy, privyvault, septic tank, cesspool, or other facilityintended or used for the disposal of sewage.(4) The owner of all houses, buildings or propertiesused for human occupancy, employment,recreation, or other purpose, situated within thecity of Electric City and abutting on any street,alley or right-of-way in which there is now locatedor may in the future be located a public sanitarysewer of the city is hereby required at his expenseto install suitable toilet facilities therein, and toconnect such facilities directly with the proper publicsewer, in accordance with the provisions of thischapter, within 90 days after date of official noticeto do so; provided, that said public sewer is within200 feet of the property line. Where sewer connectionsare made as provided herein, septic tanks,cesspools and dry wells shall be physically bypassedand permanently disconnected from sewerlines and their use permanently abandoned. Saidfacilities shall be filled where their abandonmentmay result in a hazard to life or property. (Ord. 456§ 1, 2012; Ord. 99 § 13, 1968)13.15.140 Maintenance by private owner.The building sewer which shall be the extensionfrom the building drain to the public sewer shall beowned and maintained by the owner of the premisesupon which it is located, and the city shallnot be responsible in any manner for its maintenance.(Ord. 456 § 1, 2012; Ord. 99 § 14, 1968)13.15.150 Tampering with manholes andpublic sewers.It shall be unlawful for any person, firm, association,or corporation without authority from theinspector of sewers to open any manhole, or interferewith or tamper with, in any manner, any manholeor public sewer of the city of Electric City.(Ord. 456 § 1, 2012; Ord. 99 § 15, 1968)13-11

13.15.160 SEWER USER CHARGES13.15.160 Violation – Penalty.(1) Any person, firm, association, or corporationwho shall be guilty of any violation of the provisionsof this chapter shall upon conviction besubject to the penalties set forth in Chapter 1.15ECMC.(2) The inspector of sewers shall have fullpower to suspend the work of any drain layer forneglecting to properly perform the work asrequired by this chapter and shall at once report thefact to the city clerk-treasurer for recommendationto the city council who may permanently suspendthe license of any drain layer. (Ord. 456 § 1, 2012;Ord. 364 § 63, 2005; Ord. 99 § 16, 1968)Sections:Chapter 13.20SEWER USER CHARGESArticle I. Definitions13.20.010 BOD.13.20.020 Collection system.13.20.030 Commercial user.13.20.040 Domestic waste.13.20.050 Equivalent residential unit or ERU.13.20.060 Industrial user.13.20.070 Industrial waste.13.20.080 Operation and maintenance.13.20.090 Person.13.20.100 Public treatment works.13.20.110 Replacement.13.20.120 Service area.13.20.130 Sewage.13.20.140 Sewage treatment plant.13.20.150 Shall and may.13.20.160 Suspended solids (SS).13.20.170 Treatment works.13.20.180 User.13.20.190 User charge.Article II. Sewer User Charges13.20.200 General.13.20.210 Classes of users established.13.20.220 Each user class assigned a number ofERUs.13.20.230 Equivalent residential unit charge.13.20.240 Appeal.13.20.250 Reassignment of a user.13.20.260 Records.13.20.270 Equivalent residential unit schedule.13.20.280 Constant cost factor.13.20.290 Special user.13.20.300 Monitoring.13.20.310 New users and vacancies.13.20.320 Multiple classifications.Article III. Review and Revision of Rates13.20.330 Review and revision of rates.Article IV. Responsibility, Payment Delinquenciesand Penalties13.20.340 Payment responsibility.13.20.350 Billing on monthly basis.13-12

ELECTRIC CITY MUNICIPAL CODE 13.20.09013.20.360 Date of billing.13.20.370 Due and payable when.13.20.380 Delinquency recoverable by civilaction.13.20.390 Repealed.13.20.400 Failure to pay – Service turn off.13.20.410 Restoration of service.13.20.420 Change of ownership or occupancy nocause for penalty elimination.Article V. Handling of Funds13.20.430 Mailing of bills.13.20.440 Collection and computation ofcharges.13.20.450 Revenues deposited to sewer fund.13.20.460 Purpose of sewer fund.Article VI. Appeal Policy13.20.470 Sewer user class assignment review.13.20.500 Sewer fees.Article VII. FeesArticle I. Definitions13.20.010 BOD.“BOD” (biochemical oxygen demand) shallmean the quantity of oxygen utilized in the biochemicaloxidation of organic matter under standardlaboratory procedure in five days at 20degrees Celsius, expressed in milligrams per liter.(Ord. 246 Art. I § 1, 1985)13.20.020 Collection system.“Collection system” shall mean the system ofpublic sewers to be operated by the city designedfor the collection of sanitary sewage. (Ord. 456 § 1,2012; Ord. 246 Art. I § 2, 1985)13.20.030 Commercial user.“Commercial user” shall mean any premisesused for commercial or business purposes which isnot an industry as defined in this chapter. (Ord. 246Art. I § 3, 1985)13.20.040 Domestic waste.“Domestic waste” shall mean any waste wateremanating from dwellings or from domestic activitieswhich are performed outside the home in lieuof a home activity directly by or for private citizens.(Ord. 246 Art. I § 4, 1985)13.20.050 Equivalent residential unit or ERU.“Equivalent residential unit” or “ERU” shallmean a unit of waste water which incurs the samecosts for operation and maintenance as the averagevolume of domestic wastes discharged from a single-familyresidence in the treatment works servicearea. In the city of Electric City, one ERU shall beequivalent to 250 gallons per day of waste waterwith domestic strength. Users with wastes whichdiffer significantly in strength from the averagedomestic waste strength of 250 mg/l BOD and SSshall be charged a special rate according to the rateschedule of Article II of this chapter. (Ord. 456 § 1,2012; Ord. 246 Art. I § 19, 1985)13.20.060 Industrial user.“Industrial user” shall mean any nongovernmentaluser of the public treatment works identifiedin the Standard Industrial ClassificationManual, 1972, Office of Management and Budget,as amended and supplemented under the followingdivisions:Division A – Agriculture, Forestry, and FishingDivision B – MiningDivision D – ManufacturingDivision E – Transportation, Communications,Electric, Gas, and Sanitary ServicesDivision I – ServicesA user in these divisions may be excluded fromthe industrial category if it is determined that it willintroduce primarily domestic wastes and wastesfrom sanitary conveniences. (Ord. 246 Art. I § 5,1985)13.20.070 Industrial waste.“Industrial waste” shall mean that portion ofwaste water emanating from an industrial userwhich is not domestic waste or waste from sanitaryconveniences. (Ord. 246 Art. I § 6, 1985)13.20.080 Operation and maintenance.“Operation and maintenance” shall mean allactivities, goods, and services which are necessaryto maintain the proper capacity and performance ofthe treatment works for which such works weredesigned and constructed. The term “operation andmaintenance” shall include replacement as definedhereinafter. (Ord. 246 Art. I § 7, 1985)13.20.090 Person.“Person” shall mean any individual, firm, company,association, society, corporation, or group.(Ord. 246 Art. I § 8, 1985)13-13

13.20.100 SEWER USER CHARGES13.20.100 Public treatment works.“Public treatment works” shall mean a treatmentworks owned and operated by a public authority.(Ord. 246 Art. I § 9, 1985)13.20.110 Replacement.“Replacement” shall mean acquisition andinstallation of equipment, accessories, or appurtenanceswhich are necessary during the service lifeof the treatment works to maintain the capacity andperformance for which such works were designedand constructed. (Ord. 246 Art. I § 10, 1985)13.20.120 Service area.“Service area” shall mean all the area served bythe treatment works and for which there is one uniformuser charge system. (Ord. 246 Art. I § 11,1985)13.20.130 Sewage.“Sewage” shall mean a combination of watercarriedwastes from residences, business buildings,institutions, and industrial establishments, togetherwith such ground, surface, and storm waters asmay be present. (Ord. 246 Art. I § 12, 1985)13.20.140 Sewage treatment plant.“Sewage treatment plant” shall mean anarrangement of devices and structures used fortreating sewage. (Ord. 246 Art. I § 13, 1985)13.20.150 Shall and may.“Shall” is mandatory; “may” is permissible.(Ord. 246 Art. I § 14, 1985)13.20.160 Suspended solids (SS).“Suspended solids (SS)” shall mean solids thateither float on the surface or are in suspension inwater, sewage, or other liquids, and which areremovable by laboratory filtering. (Ord. 246 Art. I§ 15, 1985)13.20.170 Treatment works.“Treatment works” shall mean all facilities forcollection, pumping, treating, and disposing ofsewage. “Treatment system” and “sewerage system”shall be equivalent terms for “treatmentworks.” (Ord. 246 Art. I § 16, 1985)13.20.180 User.“User” shall mean every person using any partof the public treatment works of the city of ElectricCity. (Ord. 456 § 1, 2012; Ord. 246 Art. I § 17,1985)13.20.190 User charge.“User charge” shall mean the periodic chargeslevied on all users of the public treatment works,and shall, at a minimum, cover each user’s proportionateshare of the cost of operation and maintenance.(Ord. 246 Art. I § 18, 1985)Article II. Sewer User Charges13.20.200 General.User charges shall be levied on all users of thepublic treatment works which shall cover the costof operation and maintenance, debt service, taxes,and other administrative costs of such treatmentworks. The user charge system shall distributethese costs in proportion to each user’s contributionto the waste water loading of the treatmentworks. Charges shall be imposed whether or notthe user is connected to the city sewer system.(Ord. 456 § 1, 2012; Ord. 246 Art. II § 1, 1985)13.20.210 Classes of users established.There shall be established classes of users suchthat all members of a class discharge approximatelythe same volume and strength of wastewater per residence, facility, seat, or other appropriateunit. (Ord. 246 Art. II § 2, 1985)13.20.220 Each user class assigned a numberof ERUs.There shall be assigned to each user class a numberof equivalent residential units (ERUs) (see definitionin Article I of this chapter) for eachappropriate unit, and this number of ERUs shallrepresent the ratio of the costs incurred by thewastes from the unit to the costs incurred by thewastes from the average single-family residence.(Ord. 246 Art. II § 3, 1985)13.20.230 Equivalent residential unit charge.The equivalent residential unit charge perappropriate unit shall be established in proportionto the volume and strength of wastes dischargedfrom that unit such that each user pays his proportionateshare of the treatment costs. (Ord. 246 Art.II § 4, 1985)13.20.240 Appeal.Should any user believe that he has been incorrectlyassigned to a particular user class or incorrectlyassigned a waste water volume or strength orincorrectly assigned a number of ERUs, that usermay apply for review of his user charge as pro-13-14

ELECTRIC CITY MUNICIPAL CODE 13.20.280vided in Article VI of this chapter. (Ord. 246 Art.II § 5, 1985)13.20.250 Reassignment of a user.Should the city of Electric City determine that auser is incorrectly assigned to a user class or incorrectlyassigned a waste water volume or incorrectlyassigned a number of ERUs, they shall reassign amore appropriate user class waste water volume orstrength or number of ERUs to that user and shallnotify that user of such reassignment. (Ord. 456§ 1, 2012; Ord. 246 Art. II § 6, 1985)13.20.260 Records.Records of all assigned rates and any assignedwaste water volumes and strengths to users anduser classes as well as the waste water characteristicsforming the basis of the ERU shall be kept onfile at City Hall and shall be open for public inspection.(Ord. 456 § 1, 2012; Ord. 246 Art. II § 7,1985)13.20.270 Equivalent residential unitschedule.All user classifications other than single-familyresidences will have a minimum ERU of 1.4.User Class ERU UnitBars, cocktail lounges,taverns1.0 Per each 7,500 gallonswater used, per monthBarber and beauty shops 0.35 Per each stationCafes, cafeterias, restaurants,taverns (with kitchens)1.0 Per each 7,500 gallonswater used, per monthPlus 3.0 Per each disposal unitCarwashes 2.5 Per each stationChurches, lodges, clubs 1.2 Per each buildingPlus 0.6 Per each kitchenPlus 2.5 Per each disposal unitHospitals 1.0 Per each 7,500 gallonsPlus 2.5 water used, per monthHotels, motels, mobile home 1.5 For first unitcourtsPlus 0.4 Per each additional unitInstitutions with permanentor temporary residents, resthomes, etc.0.5 Per residentPlus 0.4 Per 3 employeesPlus 2.5 Per each disposal unitLaundries:Coin-operated 1.25 Per establishmentPlus 0.6 Per each machineCommercial 1.25 Per establishmentPlus 0.85 Per each machineMortuaries 2.0 Per facilityUser Class ERU UnitMuseums, visitors centers 0.4 Per 3 employeesOffices, factories (sanitarywastes only) smallbusinesses, stores(1) 1 – 5 employees 1.4(2) 6 – 10 employees 2.7(3) 11 – 15 employees 3.9(4) 16 – 20 employees 5.0(5) 21 – 25 employees 6.0Parks 0.1 Per toiletPlus 0.1 Per showerResorts 2.0Plus* 0.05 Per each RV hook-upPlus* 0.1 Per resort showerPlus* 0.1 Per resort toiletPlus* 2.5 Per each trailer dumpstation*Additional charges during season from April 1st to September 30thService stations and public 2.5 Per establishmentgaragesPlus 2.5 Per each dumpingfacilitySwimming pools 1.0 Per each 7,500 gallonswater used, per monthdischarged from thepool itselfPlus 0.1 Per each showerSchoolsElementary 0.5 Per capitaJunior high 0.5 Per capitaHigh school 0.7 Per capitaSupermarkets, grocery storesPlusPlus1.03.03.0Per 3 employeesPer butcher shopPer each disposal unitTheaters 0.02 Per seat (performances)Open class 1.0 Per each 7,500 gallonswater used, per monthSingle-family residence 1.0 Per unit(including mobile homes)Multifamily residence, and 1.0 For first unitapartments1.0 Per each additional unitOutside city limits: singlefamilyresidence (includingmobile homes)1.5 Per unitOutside city limits:multifamily residence,mobile home courts andapartments1.5 For first unitPlus 1.2 Per each additional unit(Ord. 456 § 1, 2012; Ord. 246 Art. II § 8, 1985)13.20.280 Constant cost factor.The user charge shall be calculated by multiplyingthe total number of ERUs for each user by a13-15

13.20.290 SEWER USER CHARGESconstant cost factor. This cost factor shall be set byresolution of the city council, until such time as itis revised as provided in Article III of this chapter.(Ord. 456 § 1, 2012; Ord. 323, 1996; Ord. 311,1993; Ord. 246 Art. II § 9, 1985)13.20.290 Special user.(1) Any user which cannot be classified by virtueof the volume and/or strength of his wastewater in any of the above user classes shall be considereda special user. If the strength of such wastesis not significantly different from that of normalhousehold wastes, such user shall be placed in theopen class and shall be assigned the appropriatewaste water volume. If the waste water strength issignificantly different from that of normal householdwaste, a special charge based on both volumeand strength shall be assigned to that user by thecity of Electric City.(2) Each special user shall be evaluated separatelybased on the average flow, BODs, and suspendedsolids characteristics of their waste watercontribution. The flow, BODs, and suspended solidsof the special user’s waste water shall be determinedfrom estimates or measurements and testsconducted by the user as required by the city.(3) The city will verify the submitted data. Thecity shall have the right to gain access to the wastestream for taking samples. The user shall providefor the city an adequate sampling access to thewaste stream. The user shall pay the city for allexpenses incurred in verifying the submitted data.(4) The special user charge shall be based on acalculated equivalent residential unit for flow, plusa surcharge for excessive strength, if any. The specialuser’s monthly charge shall be computed byuse of the following equation:SUMC =250 f [ (1 + B b -1) + ( S s -1) ] C; Where“SUMC” represents the special user’s monthlycharge.“f” represents the special user’s average flow ingallons per day (not less than 250 gallons per day).“250” represents the average flow of one equivalentresidential unit in gallons per day.“C” represents the constant cost factor per ERUas specified in ECMC 13.20.280.“b” represents the average five-day BOD of theuser’s waste water, expressed in mg/l. “b” must begreater than 250 mg/l.“B” represents the designated limit of five-dayBOD of a user’s waste water above which the usershall be assessed a surcharge cost. The designatedlimit for five-day BOD shall be 250 mg/l.“s” represents the average suspended solids ofthe user’s waste water, expressed in mg/l. “s” mustbe greater than 250 mg/l.“S” represents the designated limit of suspendedsolids of a user’s waste water above which the usershall be assessed a surcharge cost. The designatedlimit for suspended solids shall be 250 mg/l. (Ord.456 § 1, 2012; Ord. 246 Art. II § 10, 1985)13.20.300 Monitoring.(1) All users contributing more than 7,500 gallonsper month and whose waste strength is greaterthan 600 mg/l of BOD or 600 mg/l of SS shall prepareand file with the city of Electric City a reportthat shall include pertinent data relating to thewaste water characteristics, including the methodsof sampling and measurement to obtain this data,and this data shall be used to calculate the usercharge for that user. The city will verify the submitteddata. The city shall have the right to gainaccess to the waste stream for taking samples. Theuser shall provide the city with an adequate samplingaccess to the waste stream. The user shall paythe city for all expenses incurred in verifying thesubmitted data. In verifying the data, should theresults be substantially different as determined bythe city from the data submitted by the user, theuser charge for that user shall be revised accordinglyand shall be effective retroactively up to sixmonths.(2) All users contributing less than 7,500 gallonsper month or less than 600 mg/l of BOD or600 mg/l of SS shall be assigned average wastestrengths by the city of Electric City. Any user maychallenge the assigned waste strengths as providedin Article VI of this chapter. (Ord. 456 § 1, 2012;Ord. 246 Art. II § 11, 1985)13.20.310 New users and vacancies.The sewer user charge for all occupied propertyshall begin 30 days after the sewer service becomesavailable or the day that connection is made to thepublic sewer, whichever occurs first. The seweruser charge for all unoccupied property shall beginwithin 30 days after the property is ready for occupancyor on the first day of occupancy, whicheveroccurs first. All occupied property which is readyfor occupancy at the time the sewer servicebecomes available shall be treated as occupiedproperty. Once the sewer user charge has com-13-16

ELECTRIC CITY MUNICIPAL CODE 13.20.430menced, no credit shall be given for vacancy. Allrates shall be subject to collection whether the serviceis rendered or not. (Ord. 246 Art. II § 12,1985)13.20.320 Multiple classifications.A single user having more than one classificationof use shall be charged the sum of the chargesfor those classifications. (Ord. 246 Art. II § 13,1985)Article III. Review and Revision of Rates13.20.330 Review and revision of rates.The sewer user charges established in Article IIof this chapter shall, as a minimum, be reviewedannually and revised periodically to reflect actualcosts of operation, maintenance, replacement, andfinancing of the treatment works and to maintainthe equitability of the user charges with respect toproportional distribution of the costs of operationand maintenance in proportion to each user’s contributionto the total waste water loading of thetreatment works. (Ord. 246 Art. III § 1, 1985)Article IV. Responsibility, PaymentDelinquencies and Penalties13.20.340 Payment responsibility.The person who owns the premises served bythe sewage system shall be responsible for paymentof the sewer user charge for that property notwithstandingthe fact that the property may beoccupied by a tenant or other occupant, who maybe required by the owner to pay said charges. (Ord.246 Art. IV § 1, 1985)13.20.350 Billing on monthly basis.The users of the sewage system shall be billedon a monthly basis for services rendered in accordancewith the rate schedule as set forth in ArticleII of this chapter. (Ord. 246 Art. IV § 2, 1985)13.20.360 Date of billing.The date of billing shall be the first day of themonth for which the sewer user charge is calculatedas provided in Article II of this chapter. (Ord.246 Art. IV § 3, 1985)13.20.370 Due and payable when.Sewer user charges shall be due and payable tothe city of Electric City on or before the twentiethday of the month. (Ord. 456 § 1, 2012; Ord. 246Art. IV § 4, 1985)13.20.380 Delinquency recoverable by civilaction.Sewer user charges levied in accordance withthis chapter shall be a debt due to the city and a lienupon the property. If this debt is not paid when dueand payable, it shall be deemed delinquent and maybe recovered by civil action in the name of the cityagainst the property owner, the person, or both.(Ord. 456 § 1, 2012; Ord. 246 Art. IV § 5, 1985)13.20.390 Penalty on delinquent utility bills.Repealed by Ord. 406. (Ord. 259, 1987; Ord.246 Art. IV § 6, 1985)13.20.400 Failure to pay – Service turn off.In the event of failure to pay sewer charges afterthey have become delinquent, the city shall havethe right to turn off the water service and enterupon the property for accomplishing such purposes.The expense of such discontinuance,removal, or closing, as well as the expense ofrestoring service, shall be a debt due to the city anda lien upon the property and may be recovered bycivil action in the name of the city against the propertyowner, the person, or both. (Ord. 456 § 1,2012; Ord. 246 Art. IV § 7, 1985)13.20.410 Restoration of service.Water service shall not be restored until allcharges, including interest accrued and the expenseof removal, closing, and restoration, shall havebeen paid. (Ord. 246 Art. IV § 8, 1985)13.20.420 Change of ownership or occupancyno cause for penalty elimination.Change of ownership or occupancy of premisesfound delinquent shall not be cause for reducing oreliminating these penalties. (Ord. 246 Art. IV § 9,1985)Article V. Handling of Funds13.20.430 Mailing of bills.Bills for sewer user charges shall be mailed tothe address specified in the application for the permitto make the connection unless or until a differentowner or user of property is reported to the cityof Electric City. (Ord. 456 § 1, 2012; Ord. 246 Art.VI § 1, 1985)13-17

13.20.440 SEWER USER CHARGES13.20.440 Collection and computation ofcharges.All collections of sewer user charges shall bemade by the city of Electric City. Sewer usercharges shall be computed as provided in Article IIof this chapter and shall be payable as provided inArticle IV of this chapter. (Ord. 456 § 1, 2012;Ord. 246 Art. VI § 2, 1985)13.20.450 Revenues deposited to sewer fund.The city of Electric City will deposit in the waterand sewer fund all of the gross revenues receivedfrom charges, rates, and penalties collected for theuse of the sewage system as herein provided. (Ord.456 § 1, 2012; Ord. 246 Art. VI § 3, 1985)13.20.460 Purpose of sewer fund.The revenues thus deposited in the water andsewer fund shall be used exclusively for the operation,maintenance, and repair of the water and seweragesystem, reasonable administration cost,expenses of collection of charges imposed by thischapter and connection fees provided for in thischapter and other ordinances as adopted, and paymentof the principal and interest on any debts ofthe sewage system of the city. (Ord. 456 § 1, 2012;Ord. 246 Art. VI § 4, 1985)(2) Constant Cost Factor for All SewerCharges.(a) The user charge shall be calculated bymultiplying the total number of ERUs as establishedin this chapter for each user by a constantcost factor.(b) Add six percent utility tax to the ERUconstant cost factor figures to arrive at the monthlysewer billing rate.(c) Residential and commercial rates, bothinside and outside the city limits, are based on theERU constant cost factor, plus the six percent utilitytax, for a monthly sewer rate. Services outsidethe city limits are subject to the 50 percent surcharge.(3) Sewer hookup charges include a base feeper service plus a sewer hookup inspection fee tobe paid in advance.(4) When a sewer line is capped, allowed onlywith the city council’s approval, a charge for suchshall be made.(5) A penalty shall be assessed on all delinquentutility bills in a per monthly amount. (Ord. 406 § 1,2008)Article VI. Appeal Policy13.20.470 Sewer user class assignment review.Should any user believe he has been incorrectlyassigned a particular user class, he shall requestreview of sewer user charge. The request shall bepresented to the water and sewer committee inwriting stating all pertinent facts and information.The water and sewer committee shall review all theinformation presented and shall levy an appropriatesewer user charge. The water and sewer committeeshall notify the user of the appropriate seweruser charge. (Ord. 246 Art. VII § 1, 1985)Article VII. Fees13.20.500 Sewer fees.(1) The following fees shall be established bythe city council by resolution of the council andshall be effective as stated in that resolution. Thefees established shall conform to the following processand shall cover the listed service fees andcharges.13-18

ELECTRIC CITY MUNICIPAL CODE 13.25.040Chapter 13.25UTILITY FRANCHISESSections:13.25.010 Required.13.25.020 Issuance and approval authority.13.25.030 Franchise contents.13.25.040 Application requirements.13.25.010 Required.All public and privately owned utilities servingthe public within the city of Electric City, such aselectrical distribution systems, telephone and communicationsystems and water systems, arerequired to obtain a franchise from the city of ElectricCity for the privilege of operating within suchmunicipality and for using the public thoroughfaresand public property therein. (Ord. 456 § 1,2012; Ord. 44 § 1, 1957)13.25.040 Application requirements.All such utilities now operating within the cityof Electric City shall, within 30 days of the adoptionof the ordinance codified in this chapter, makeapplication for such franchise. All such utilitieshereafter desiring to operate such facility withinthe city of Electric City shall make applicationprior to installation of the facility and the commencementof the operations. (Ord. 456 § 1, 2012;Ord. 44 § 4, 1957)13.25.020 Issuance and approval authority.All franchises so issued shall be subject to theapproval and issuance of the council of the city ofElectric City. (Ord. 456 § 1, 2012; Ord. 44 § 2,1957)13.25.030 Franchise contents.Such franchises so granted shall, in addition toother provisions, contain the following provisions:(1) Each utility shall provide and carry adequatepublic liability and property damage insurance,naming the city of Electric City as the insuredor co-insured, protecting and holding harmless thecity of Electric City from any liability or claim arisingout of the operation and maintenance of theutility, the amount of such insurance to be providedin the franchise;(2) The utility shall repair any damages to publicthoroughfares or city property caused by theoperation and maintenance of the utility, and shallprovide a bond for the faithful performance of itsobligations, such bond to be in the amount specifiedin the franchise;(3) Property and facilities of the utilities shallbe constructed, and at all times maintained, in goodorder and condition;(4) Payments by the utilities for the city of ElectricCity for granting such franchises;(5) Each franchise shall be nonexclusive. (Ord.456 § 1, 2012; Ord. 44 § 3, 1957)13-19

13.35.010 UTILITY SERVICE TERMINATIONSChapter 13.35UTILITY SERVICE TERMINATIONSSections:13.35.010 Terminations.13.35.020 Hearing.13.35.030 New application for service.13.35.010 Terminations.Notwithstanding any other ordinance, the cityshall have the power and authority, regardless ofthe status of the payment record of the propertyserved or proposed for service, to either withholddelivery of water and sewer utility service or to terminateany and all existing water and/or sewer utilityservice to the property involved. The city shallhave the power and authority to terminate or denywater and sewer utility service to any propertyunder the following circumstances:(1) If the property has a structure, residential,industrial, or commercial, being constructed undera building permit issued by the city and the constructionhas not been completed as required by thecity;(2) If the property has a structure, residential,industrial or commercial, being constructed undera building permit issued by the city and no certificateof occupancy has been issued by the city andthe structure is being occupied or used;(3) If the property has a structure locatedthereon which is being remodeled pursuant to theterms of a building permit issued by the city andthe remodel is not being completed or prosecutedin accordance with that building permit or in atimely and reasonable fashion;(4) If the property has been determined underthe Uniform Code for the Abatement of DangerousBuildings to be subject to abatement or correction;(5) If the property has been determined underthe Uniform Housing Code to be unfit for occupancy,or if the property has been subject to anorder of correction under the Uniform HousingCode and that order has not been carried out in atimely and reasonable manner;(6) The property has a structure located thereonin violation of the platting or subdivision ordinancesof the city. Violations include:(a) The building of a structure on unplattedland without a waiver from the city council;(b) The failure to complete a plat or bindingsite plan application following preliminaryapproval;(c) The violation of conditions of a plat orbinding site plan. (Ord. 395 § 1, 2007)13.35.020 Hearing.Any person notified of any of the violations ofECMC 13.35.010 shall have the opportunity torequest a hearing to be held before the mayor priorto the termination of utility services to the propertyalleged to be in violation. Such hearing shall beheld within two business days of the request for ahearing. If the mayor is unavailable to conduct thathearing, then the city clerk shall conduct that hearing.The purpose of such hearing shall be to determineif there is reason to believe the allegations ofthe city are true. If the city meets its burden at thishearing through the evidence available, then thewater and/or sewer utility service to such propertyshall be terminated. All presumptions at this hearingshall be made in favor of the city. (Ord. 395 § 1,2007)13.35.030 New application for service.All water and/or sewer utility services terminatedby the city pursuant to this section shallrequire the property owner or the owner’s agent tomake new application to the city for service. Theservice shall be restored upon the person requestingservice paying all costs of reconnecting serviceif the service had to be physically disconnected toenforce the city’s termination order as well as complyingwith all new service requirements. (Ord.395 § 1, 2007)13-20

Title 14(Reserved)14-1

Title 15BUILDINGS AND CONSTRUCTIONChapters:15.05 Repealed15.10 Repealed15.15 Miscellaneous Construction Requirements15.20 Building Codes15-1

ELECTRIC CITY MUNICIPAL CODE 15.15.010Chapter 15.05REMOVAL OF NUISANCEBUILDINGS – CLEANUP(Repealed by Ord. 388)Chapter 15.10DANGEROUS BUILDINGS(Repealed by Ord. 388)Chapter 15.15MISCELLANEOUS CONSTRUCTIONREQUIREMENTSSections:15.15.010 Nonglare materials required.15.15.010 Nonglare materials required.From and after the effective date of the ordinancecodified in this chapter, the exterior constructionmaterial and roofing material used in theerection, construction, conversion and maintenanceof any and all structures within the corporatelimits must be of a nonglare finished material.(Ord. 257, 1987)15-3

15.20.010 BUILDING CODESChapter 15.20BUILDING CODESSections:15.20.010 Short title.15.20.020 Contract authority for enforcementand inspection.15.20.030 Standard codes adopted.15.20.040 Amendments.15.20.050 Other code amendments.15.20.060 Administration and enforcementofficial.15.20.070 Enforcement.15.20.080 Compliance required.15.20.090 Unplatted areas.15.20.100 Platting deemed insufficient – When.15.20.110 Notice to cease violation.15.20.120 Fee refunds.15.20.130 Fees.15.20.140 Investigation fees – Work without apermit.15.20.150 Revocation of business license.15.20.010 Short title.This chapter shall be known as the building codeof the city of Electric City. (Ord. 388 § 1, 2007)15.20.020 Contract authority for enforcementand inspection.The mayor is authorized to contract with anothergovernmental subdivision or inspection agency foradministration and enforcement of the State BuildingCode and the codes adopted by reference in thischapter. (Ord. 388 § 1, 2007)15.20.030 Standard codes adopted.(1) Pursuant to Chapters 19.27 and 35A.12RCW the State Building Code is established. Thefollowing appendixes to the State Building Codeare adopted for use within the city:(a) The following International BuildingCode Appendixes:(i) Appendix C, Agricultural Buildings;(ii) Appendix I, Patio Covers; and(iii) Appendix J, Grading, when:(A) Grading involves more than5,000 cubic yards; and/or(B) Regulated by Chapter 16.10ECMC, Critical Areas Regulations.(b) The International Residential Code,Appendix G, Swimming Pools, Spas, and HotTubs, is hereby adopted.(c) Appendix A, E, and H to the UniformPlumbing Code, most recent edition.(2) Additionally, the following codes areadopted. Those codes and the State Building Codeare to be administered, subject to the modificationsand/or amendments set forth in ECMC 15.20.040and 15.20.050:(a) The Uniform Code for the Abatement ofDangerous Buildings published by the InternationalConference of Building Officials, most currentedition;(b) The Uniform Housing Code publishedby the International Conference of Building Officials,most current edition;(c) The Uniform Sign Code, most currentedition;(d) WAC 296-150B-200 through 296-150B-255, Standards for Mobile Homes, CommercialCoaches and Recreational Vehicles.In case of conflict among the codes enumeratedin subsections (2)(a), (b), (c) and (d) of thissection, the first named code shall govern overthose following. (Ord. 460 § 1, 2012; Ord. 419 § 1,2009; Ord. 388 § 1, 2007)15.20.040 Amendments.The following amendments to the State BuildingCode are adopted and apply within this jurisdiction:(1) Sections 105.2.1 and 105.2.5, of the IBCand IRC, are not adopted.(2) Sections 105.2(1), of the IBC and the IRC,are amended to read as follows:105.2(1). One-story detached accessorystructures, provided the floor area doesnot exceed 200 square feet (18.58 m 2 ),provided that only one may be placed on alot without a permit.(3) Section 105.2(6) of the IBC and Section105.2(5), of the IRC, are amended to read as follows:105.2(6) (IBC) and 105.2(5) (IRC). Sidewalks,decks and driveways not more than30 inches (762mm) above grade and notover any basement or story below andwhich are not part of an accessible route.(4) Sections 105.3, of the IBC and the IRC, arenot adopted.15-4

ELECTRIC CITY MUNICIPAL CODE 15.20.040(5) Sections 108.3, of the IBC and the IRC, areamended to read as follows:108.3. Building Permit Valuations. The determinationof value or valuation under anyof the provisions of this code shall bemade by the building official. The value tobe used in computing the building permitand building plan review fees shall be thetotal value of all construction work forwhich the permit is issued, as well as allfinish work, painting, roofing, electrical,plumbing, heating, air conditioning, elevators,fire-extinguishing systems and anyother permanent equipment.(6) Section 112 of the IBC and Section R112 ofthe IRC are replaced with the following:Sec 112.1 (a) General. All references to aBoard of Appeals in this code are replacedwith references to the city’s Hearing Examiner.The Hearing Examiner shall hear anddecide appeals of orders, decisions or determinationsmade by the building officialrelative to the application and interpretationof this code. Any request for an appealshall be accompanied by the required feesfor the Hearing Examiner as established inother ordinances of the city. The HearingExaminer shall render all decisions andfindings in writing to the appellant with aduplicate copy to the building official.(b) Limitations of Authority. The HearingExaminer shall have no authority relativeto interpretation of the administrative provisionsof this code nor shall the Hearing Examinerbe empowered to waive requirementsof this code.(7) There are created new Sections 116 to theIBC and the IRC to provide as follows:116. No person shall move any existingbuilding or structure within or into the Citywithout first obtaining from the PlanningDepartment a relocation permit and abuilding permit. No person shall effect anydemolition of any building or structure orany part thereof which is not exempted bySection 105.2 of the International BuildingCode without first obtaining from the PlanningDepartment a demolition permit.(8) There are created new Sections 117 to theIBC and the IRC to provide as follows:117. Manufactured Home or Mobile HomePlacement Permit: No person, firm, or corporationas the owner, buyer, or vendor ofa manufactured home or as manufacturedhome park management shall cause orpermit any manufactured home to be located,placed or set within the corporatelimits of the city without first having secureda proper manufactured home placementpermit.(9) WAC 51-56-0100 adopting Section 102.4of the Uniform Plumbing Code is replaced with thefollowing new subsection:102.4 Appeals. All references in this Codeto the Board of Appeals shall be deemedto refer to the Hearing Examiner of the Cityof Electric City. The Hearing Examinershall perform the function of the Board ofAppeals. Any request for an appeal shallbe accompanied by the required fees forthe Hearing Examiner as established inother ordinances of the city. Appeals to theHearing Examiner shall be processed inaccordance with the provisions containedin Section 102.4 of this Code. The HearingExaminer may adopt rules of procedure forconducting his business. Such rules ofprocedure shall be available to the publicupon request. All decisions shall be in writingand shall be delivered to the appellantas well as to the city.(10) Notwithstanding any provision of theInternational Building Code or the InternationalResidential Code to the contrary, a certificate ofoccupancy must be issued or deemed to have beenissued by the building official prior to the use oroccupancy of any building, residential, commercialor industrial. The building official may or maynot actually issue a certificate of occupancy, but allconditions precedent to the issuance of such a certificateare prerequisites to the occupancy of astructure. The failure to obtain a certificate of occupancyshall be grounds for the termination of allutility services to any structure in violation of thisrequirement. It shall not be deemed to be compliancewith the requirement to obtain a certificate ofoccupancy to have substantially complied with abuilding permit or other conditions related to the15-5

15.20.050 BUILDING CODESbuilding, remodeling or occupancy of a structure.The building official shall determine when a structureis eligible to be issued a certificate of occupancy.If a structure owner disputes the buildingofficial’s decision not to issue a certificate of occupancy,that owner may appeal to the hearing examiner.Such appeal must be in writing and within 10days of the determination of the building official.Any building which is occupied without a certificateof occupancy shall not be permitted to receivecity services. The water service shall be terminated.If any occupancy or use continues after terminationof the water service, the public worksdirector may terminate the sewer service of thestructure by physically disconnecting the lateralfrom the sewer main. Any costs to reestablishwater or sewer service to the building shall be theresponsibility of the property owner.The city shall provide notice, oral or written, toany tenant or, if there is no tenant, an attempt shallbe made to provide notice, oral or written, to theowner prior to termination of water service. Anyperson who wishes to contest this termination ofutility services may appeal to the city administrator.The city administrator, or the administrator’sdesignee, shall conduct a hearing on the matterwithin three business days.(11) Section 108 of the International Fire Codeis replaced with the following new subsection:108. All references in this Code to theBoard of Appeals shall be deemed to referto the Hearing Examiner of the City ofElectric City. The Hearing Examiner shallperform the function of the Board of Appeals.Any request for an appeal shall beaccompanied by the required fees for theHearing Examiner as established in otherordinances of the city. Appeals to theHearing Examiner shall be processed inaccordance with the provisions containedin Section 108 of this Code. The HearingExaminer may adopt rules of procedure forconducting his business. Such rules ofprocedure shall be available to the publicupon request. All decisions shall be in writingand shall be delivered to the appellantas well as to the city.(Ord. 388 § 1, 2007)15.20.050 Other code amendments.The following amendments to the various codesadopted in ECMC 15.20.030 are adopted and applywithin this jurisdiction:(1) Section 205(a) of the Uniform Code for theAbatement of Dangerous Buildings is replacedwith the following new subsection:205(a). All references in this Code to theBoard of Appeals shall be deemed to referto the Hearing Examiner of the City ofElectric City. The Hearing Examiner shallperform the function of the Board of Appeals.Any request for an appeal shall beaccompanied by the required fees for theHearing Examiner as established in otherordinances of the city. Appeals to theHearing Examiner shall be processed inaccordance with the provisions containedin Section 501 of this Code. The HearingExaminer may adopt rules of procedure forconducting his business. Such rules ofprocedure shall be available to the publicupon request. All decisions shall be in writingand shall be delivered to the appellantas well as to the city.(2) Section 702.2 of the Uniform Code for theAbatement of Dangerous Buildings is amended toprovide:702.2 Failure to Obey Order. If, after anyorder of the building official or board of appealsmade pursuant to this code has becomefinal, the person to whom such orderis directed shall fail, neglect or refuse toobey such order, the building official may(i) cause such person to be prosecuted underSection 701.1 or (ii) institute any appropriateaction to abate such building asa public nuisance. For purposes of enforcementunder (B)(ii) of this section, theabatement provisions of either RCWChapter 7.48 or RCW Chapter 35.80 maybe employed by the city. Any costs incurredby the city in such abatement shallbecome a lien against the property wherethe building is located as provided in RCW35A.60.010.15-6

ELECTRIC CITY MUNICIPAL CODE 15.20.070(3) Section 203(a) of the Uniform HousingCode is replaced with the following new subsection:203(a). All references in this Code to theHousing Advisory and Appeals Board shallbe deemed to refer to the Hearing Examinerof the City of Electric City. The HearingExaminer shall perform the function of theBoard of Appeals. Any request for an appealshall be accompanied by the requiredfees for the Hearing Examiner as establishedin other ordinances of the city. Appealsto the Hearing Examiner shall beprocessed in accordance with the provisionscontained in Section 1201 of thisCode. The Hearing Examiner may adoptrules of procedure for conducting his business.Such rules of procedure shall beavailable to the public upon request. Alldecisions shall be in writing and shall bedelivered to the appellant as well as to thecity.(4) Section 1104 of the Uniform Housing Codeis amended to provide:SECTION 1104 – NOTICE TO VACATE1104.1 Posting. Every notice to vacateshall, in addition to being served as providedin Section 1101.3, be posted at or uponeach exit of the building, and shall be insubstantially the following form:DO NOT ENTERUNSAFE TO OCCUPYIt is unlawful to occupy this building, or toremove or deface this notice. Any personoccupying this building shall be guilty oftrespass. Defacing or removing this noticeis malicious mischief.1104.2 Compliance. Whenever such noticeis posted, the building official shall includea notification thereof in the noticeand order issued under Section 1101.2, recitingthe emergency and specifying theconditions which necessitate the posting.No person shall remain in or enter anybuilding which has been so posted, exceptthat entry may be made to repair, demolishor remove such building under permit. Noperson shall remove or deface any suchnotice after it is posted until the requiredrepairs, demolition or removal have beencompleted and a certificate of occupancyissued pursuant to the provisions of theBuilding Code. Any person violating thissubsection by remaining in or entering abuilding shall be guilty of trespass understate law. Any person violating this subsectionby removing or defacing such a noticeshall be guilty of malicious mischiefunder state law.(5) Section 109 of the International MechanicalCode is replaced with the following new subsection:109. All references in this Code to theBoard of Appeals shall be deemed to referto the Hearing Examiner of the City. TheHearing Examiner shall perform the functionof the Board of Appeals. Any requestfor an appeal shall be accompanied by therequired fees for the Hearing Examiner asestablished in other ordinances of the city.Appeals to the Hearing Examiner shall beprocessed in accordance with the provisionscontained in Section 109 of thisCode. The Hearing Examiner may adoptrules of procedure for conducting his business.Such rules of procedure shall beavailable to the public upon request. Alldecisions shall be in writing and shall bedelivered to the appellant as well as to thecity.(Ord. 456 § 1, 2012; Ord. 419 § 1, 2009; Ord. 388§ 1, 2007)15.20.060 Administration and enforcementofficial.The State Building Code and this code shall beadministered and enforced by the building officialof the city of Electric City. Those portions of theInternational Fire Code adopted by the State BuildingCode shall be enforced by the designated chiefof the fire protection district within which the cityis located or its successor. (Ord. 388 § 1, 2007)15.20.070 Enforcement.Enforcement of violations of this chapter shallbe done by the building official or code enforce-15-7

15.20.080 BUILDING CODESment officer, as appropriate, pursuant to Chapter1.20 ECMC. (Ord. 388 § 1, 2007)15.20.080 Compliance required.It is unlawful for any person, firm or corporationto erect, construct, enlarge, alter, repair, move,improve, remove, convert or demolish, equip, use,occupy or maintain any building or structure in thecity, or cause the same to be done, contrary to or inviolation of any of the provisions of the StateBuilding Code or this chapter. (Ord. 388 § 1, 2007)15.20.090 Unplatted areas.Building permits shall be issued only for structureslocated within recorded plats except as providedin this chapter.(1) Building permits may be issued in unplattedareas, only in the following cases:(a) Remodeling of an existing buildingwhich conforms to the then current zoning;(b) Construction of a temporary structure.(2) No building permit, or other developmentpermit, shall be issued for any lot, tract or parcel ofland divided in violation of Chapter 58.17 RCW orthe platting ordinances and regulations of the city.No building permit, or other development permit,shall be issued for any unplatted property not otherwisepermitted to be issued a building permit,unless the city council finds that the public interestwill not be adversely affected by the issuance ofsuch a permit. The standards to determine if thepublic interest will be adversely affected includesbut is not limited to consideration of the installationor existence of adequate sewer and water, conformanceto lot size requirements, existence orrequirement of street, sidewalk and curb improvements,all as respects the proposed building siteand the surrounding area. The council may conditionthe issuance of a building permit on unplattedland on the installation or completion of such utility,street and sidewalk improvements as the councilupon recommendation of staff shall deemappropriate. The council shall make the grant of theprivilege to build on unplatted land personal to theapplicant and such privilege shall expire if a buildingpermit is not obtained within 30 days of theadoption of the resolution provided for herein. Thecouncil shall only direct the issuance of such a permitby a resolution of the council.(3) Building permits shall not be issued for anystructure located within a preliminary plat exceptfor building permits requested by the Grant Countyhousing authority, or other public housing authorityauthorized by law to operate or provide publichousing within the city, for housing units wheresuch request shall be accompanied by security in aform acceptable to the city attorney equal to theengineer’s estimate of the cost of installation of thestreets, gutters, sidewalks, street lights, water andsewer. Any buildings constructed pursuant to permitsissued under this exception shall not be permittedto be occupied nor shall a certificate ofoccupancy issue until all public improvements areconstructed and accepted by the city. (Ord. 388 § 1,2007)15.20.100 Platting deemed insufficient –When.Property located within the city which is presentlyplatted and which property was platted withoutthe extension or provision of city water, citysewer, storm sewer, curb, sidewalk, streets or otherimprovements through some or all the lots of theplat shall be deemed to be unplatted for purposes ofthe issuance of any development permit or buildingpermit. Any lot so affected shall be permitted todevelop and a building permit will be issued uponthe installation of city water, city sewer, stormdrains, curbs, sidewalks, streets and other improvementsto community standards, including fire protectiondevices, or upon the posting of security inan amount approved by the city, which is equal tothe estimated cost of the extensions and/orimprovements remaining to be installed throughthe lot, in a form acceptable to the city attorney toensure the construction of the required improvementsand extensions at the same time as constructionof the building for which the building permitwas issued or at the time of the improvement of theaffected lot. (Ord. 460 § 1, 2012; Ord. 388 § 1,2007)15.20.110 Notice to cease violation.Any person, firm, or corporation found to beviolating any provision of this chapter shall beserved by the administrative authority with writtennotice stating the nature of the violation and providinga reasonable time limit for the satisfactorycorrection thereof. The offender shall, within theperiod of time stated in such notice, correct the violation.No further violation shall be permitted at thelocation. (Ord. 388 § 1, 2007)15.20.120 Fee refunds.The building official may authorize the refundingof:(1) One hundred percent of any fee erroneouslypaid or collected.15-8

ELECTRIC CITY MUNICIPAL CODE 15.20.150(2) Up to 80 percent of the permit fee paid whenno work has been done under a permit issued inaccordance with this code.(3) Up to 80 percent of the plan review fee paidwhen an application for a permit for which a planreview fee has been paid is withdrawn or canceledbefore any plan reviewing is done. The buildingofficial shall not authorize refunding of any feepaid except on written application filed by the originalpermittee not later than 180 days after the dateof fee payment. (Ord. 388 § 1, 2007)15.20.130 Fees.All fees for permits issued pursuant to this chaptershall be established by a resolution of the citycouncil. (Ord. 388 § 1, 2007)15.20.140 Investigation fees – Work without apermit.(1) Investigation. Whenever any work forwhich a permit is required by this code has beencommenced without first obtaining said permit, aspecial investigation shall be made before a permitmay be issued for such work.(2) Fee. An investigation fee, in addition to thepermit fee, shall be collected whether or not a permitis then or subsequently issued. The investigationfee shall be equal to the amount of the permitfee required by this code. The minimum investigationfee shall be the same as the minimum fee setforth in the resolution adopting fees for permitissued pursuant to this chapter. This fee is an additional,punitive fee and shall not apply to any permitfee that may subsequently be issued. Paymentof the investigative fee does not vest the illegalwork with any legitimacy, nor does it establish anyright to a permit for continued development of thatproject. If the work done remains illegal for 90days after service of the stop work order, it shall beconsidered hazardous.(3) Payment. The payment of such investigationfee shall not exempt any person from compliancewith all other provisions of this code nor fromany penalty prescribed by law. (Ord. 388 § 1,2007)15.20.150 Revocation of business license.Failure or refusal to comply with any provisionof this chapter or an order or directive of the buildingofficial issued pursuant hereto shall constitutegrounds for revocation of the violator’s city businesslicense following a hearing as provided in thiscode. (Ord. 388 § 1, 2007)15-9

Chapters:16.05 State Environmental Policy Act16.10 Critical Areas RegulationsTitle 16ENVIRONMENT16-1

ELECTRIC CITY MUNICIPAL CODE 16.05.040Chapter 16.05STATE ENVIRONMENTAL POLICY ACTSections:16.05.010 Authority.16.05.020 General requirements – Purpose andadoption by reference.16.05.030 Additional definitions.16.05.040 Designation of responsible official.16.05.050 Transfer of lead agency status to astate agency.16.05.060 Determination of EIS necessity.16.05.070 Flexible thresholds for categoricalexemptions.16.05.080 Environmental impact statement(EIS).16.05.090 Commenting – Adoption by reference.16.05.100 Public notice.16.05.110 Designation of official to performconsulted agency responsibilities forthe city.16.05.120 Using existing environmentaldocuments – Purpose and adoption byreference.16.05.130 SEPA and agency decisions – Purposeand adoption by reference.16.05.140 Substantive authority.16.05.150 Definitions – Purpose and adoption byreference.16.05.160 Categorical exemptions – Adoption byreference.16.05.170 Agency compliance – Purpose of thissection and adoption by reference.16.05.180 Fees.16.05.190 Forms – Adoption by reference.16.05.010 Authority.The city of Electric City adopts this chapterunder the State Environmental Policy Act (SEPA),RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains this city’s SEPAprocedures and policies. The SEPA rules, Chapter197-11 WAC, must be used in conjunction withthis chapter. (Ord. 456 § 1, 2012; Ord. 234 § 1,1984)16.05.020 General requirements – Purposeand adoption by reference.This section contains the basic requirements thatapply to the SEPA process. The city adopts the followingsections of Chapter 197-11 WAC by reference:WAC197-11-040 Definitions197-11-050 Lead agency197-11-055 Timing of the SEPA process197-11-060 Content of environmental review197-11-070 Limitations on actions during SEPAprocess197-11-080 Incomplete or unavailableinformation197-11-090 Supporting documents197-11-100 Information required of applicants(Ord. 456 § 1, 2012; Ord. 234 § 2, 1984)16.05.030 Additional definitions.In addition to those definitions contained withinWAC 197-11-700 through 197-11-799, when usedin this chapter, the following terms shall have thefollowing meanings, unless the context indicatesotherwise:(1) “Department” means any division, subdivisionor organizational unit of the city establishedby ordinance, rule, or order.(2) “SEPA rules” means Chapter 197-11 WACadopted by the Department of Ecology.(3) “Ordinance” means the ordinance, resolution,or other procedure used by the city to adoptregulatory requirements.(4) “Early notice” means the city’s response toan applicant stating whether it considers issuanceof a determination of significance likely for theapplicant’s proposal (mitigated determination ofnonsignificance (DNS) procedures). (Ord. 456 § 1,2012; Ord. 234 § 3, 1984)16.05.040 Designation of responsible official.(1) For those proposals for which the city is thelead agency, the responsible official shall be theclerk-treasurer of the city of Electric City.(2) For all proposals for which the city is thelead agency, the responsible official shall make thethreshold determination, supervise scoping andpreparation of any required environmental impactstatement (EIS), and perform any other functionsassigned to the “lead agency” or “responsible official”by those sections of the SEPA rules that wereadopted by reference in WAC 173-806-020.(3) The city shall retain all documents requiredby the SEPA rules (Chapter 197-11 WAC) andmake them available in accordance with Chapter42.17 RCW. (Ord. 456 § 1, 2012; Ord. 234 § 4,1984)16-3

16.05.050 STATE ENVIRONMENTAL POLICY ACT16.05.050 Transfer of lead agency status to astate agency.For any proposal for a private project where thecity would be the lead agency and for which one ormore state agencies have jurisdiction, the city’sresponsible official may elect to transfer the leadagency duties to a state agency. The state agencywith jurisdiction appearing first on the priority listingin WAC 197-11-936 shall be the lead agencyand the city shall be an agency with jurisdiction. Totransfer lead agency duties the city’s responsibleofficial must transmit a notice of the transfertogether with any relevant information available onthe proposal to the appropriate state agency withjurisdiction. The responsible official of the cityshall also give notice of the transfer to the privateapplicant and any other agencies with jurisdictionover the proposal. (Ord. 456 § 1, 2012; Ord. 234§ 5, 1984)16.05.060 Determination of EIS necessity.This section contains the rules for decidingwhether a proposal has a “probable significant,adverse environmental impact” requiring an environmentalimpact statement (EIS) to be prepared.This section also contains rules for evaluating theimpacts of proposals not requiring an EIS. The cityadopts the following sections by reference, as supplementedin this section:WAC197-11-300 Purpose of this part197-11-305 Categorical exemptions197-11-310 Threshold determination required197-11-315 Environmental checklist197-11-330 Threshold determination process197-11-335 Additional information197-11-340 Determination of nonsignificance(DNS)197-11-350 Mitigated DNS197-11-360 Determination of significance (DS)/initiation of scoping197-11-390 Effect of threshold determination(Ord. 456 § 1, 2012; Ord. 234 § 6, 1984)16.05.070 Flexible thresholds for categoricalexemptions.(1) The city establishes the following exemptlevels for minor new construction under WAC197-11-800(1)(b) based on local conditions:(a) For residential dwelling units in WAC197-11-800(1)(b)(i): up to 20 dwelling units;(b) For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 30,000 square feet;(c) For office, school, commercial, recreational,service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 12,000 square feet and upto 40 parking spaces;(d) For parking lots in WAC 197-11-800(1)(b)(iv): up to 40 parking spaces;(e) For landfills and excavations in WAC197-11-800(1)(b)(v): up to 500 cubic yards.(2) Whenever the city establishes new exemptlevels under this section, it shall send them to theDepartment of Ecology, Headquarters Office,Olympia, Washington, 98504, under WAC 197-11-800(1)(c). (Ord. 456 § 1, 2012; Ord. 234 § 7,1984)16.05.080 Environmental impact statement(EIS).This section contains the rules for preparingenvironmental impact statements. The city adoptsthe following sections by reference, as supplementedby this section:WAC197-11-400 Purpose of EIS197-11-402 General requirements197-11-405 EIS types197-11-406 EIS timing197-11-408 Scoping197-11-410 Expanded scoping (optional)197-11-420 EIS preparation197-11-425 Style and size197-11-430 Format197-11-435 Cover letter or memo197-11-440 EIS contents197-11-442 Contents of EIS on nonprojectproposals197-11-443 EIS contents when prior nonprojectEIS197-11-444 Elements of the environment197-11-448 Relationship of EIS to otherconsiderations197-11-450 Cost-benefit analysis197-11-455 Issuance of DEIS197-11-460 Issuance of FEIS(Ord. 456 § 1, 2012; Ord. 234 § 8, 1984)16.05.090 Commenting – Adoption byreference.This section contains rules for consulting, commenting,and responding on all environmental documentsunder SEPA, including rules for public16-4

ELECTRIC CITY MUNICIPAL CODE 16.05.130notice and hearings. The city adopts the followingsections by reference, as supplemented in this section:WAC197-11-500 Purpose of this part197-11-502 Inviting comment197-11-504 Availability and cost ofenvironmental documents197-11-508 SEPA register197-11-535 Public hearings and meetings197-11-545 Effect of no comment197-11-550 Specificity of comments197-11-570 Consulted agency costs to assist leadagency(Ord. 234 § 9, 1984)16.05.100 Public notice.(1) Whenever the city issues a DNS underWAC 197-11-340(2) or a DS under WAC 197-11-360(3) the city shall give public notice as follows:(a) If public notice is required for a nonexemptlicense, the notice shall state whether a DS orDNS has been issued and when comments are due.(b) If no public notice is required for thepermit or approval, the city shall give notice of theDNS or DS by publishing notice in a newspaper ofgeneral circulation in the county, city, or generalarea where the proposal is located.(c) Whenever the city issues a DS underWAC 197-11-360(3), the city shall state the scopingprocedure for the proposal in the DS asrequired in WAC 197-11-408 and in the publicnotice.(2) Whenever the city issues a DEIS underWAC 197-11-455(5) or an SEIS under WAC 197-11-620, notice of the availability of those documentsshall be given by:(a) Indicating the availability of the DEIS inany public notice required for a nonexempt license;and(b) Publishing notice in a newspaper of generalcirculation in the city, or county, or generalarea where the proposal is located.(3) Whenever possible, the city shall integratethe public notice required under this section withexisting notice procedures for the city’s nonexemptpermit or approval required for the proposal.(4) The city may require an applicant to completethe public notice requirements for the applicant’sproposal at his or her expense. (Ord. 234§ 10, 1984)16.05.110 Designation of official to performconsulted agency responsibilities forthe city.(1) The mayor shall be responsible for preparationof written comments for the city in response toa consultation request prior to a threshold determination,participation in scoping, and reviewing aDEIS.(2) This office shall be responsible for the city’scompliance with WAC 197-11-550 whenever thecity is a consulted agency and is authorized todevelop operating procedures that will ensure thatresponses to consultation requests are prepared in atimely fashion and include data from all appropriatedepartments of the city. (Ord. 234 § 11, 1984)16.05.120 Using existing environmentaldocuments – Purpose and adoptionby reference.This section contains rules for using and supplementingexisting environmental documents preparedunder SEPA or the National EnvironmentalPolicy Act (NEPA) for the city’s own environmentalcompliance. The city adopts the following sectionsby reference:WAC197-11-600 When to use existing environmentaldocuments197-11-610 Use of NEPA documents197-11-620 Supplemental environmental impactstatement – Procedures197-11-625 Addenda – Procedures197-11-630 Adoption – Procedures197-11-635 Incorporation by reference –Procedures197-11-640 Combining documents(Ord. 234 § 12, 1984)16.05.130 SEPA and agency decisions –Purpose and adoption by reference.This section contains rules (and policies) forSEPA’s substantive authority, such as decisions tomitigate or reject proposals as a result of SEPA.This section also contains procedures for appealingSEPA determinations to agencies or the courts.The city adopts the following sections by reference:WAC197-11-650 Purpose of this section197-11-655 Implementation16-5

16.05.140 STATE ENVIRONMENTAL POLICY ACT197-11-660 Substantive authority and mitigation197-11-680 Appeals(Ord. 234 § 13, 1984)16.05.140 Substantive authority.(1) The policies and goals set forth in this chapterare supplementary to those in the existingauthorization of the city of Electric City.(2) The city may attach conditions to a permitor approval for a proposal so long as:(a) Such conditions are necessary to mitigatespecific probable adverse environmentalimpacts identified in environmental documentsprepared pursuant to this chapter; and(b) Such conditions are in writing; and(c) The mitigation measures included insuch conditions are reasonable and capable ofbeing accomplished; and(d) The city has considered whether otherlocal, state, or federal mitigation measures appliedto the proposal are sufficient to mitigate the identifiedimpacts; and(e) Such conditions are based on one ormore policies in subsection (4) of this section andcited in the license or other decision document.(3) The city may deny a permit or approval fora proposal on the basis of SEPA so long as:(a) A finding is made that approving theproposal would result in probable significantadverse environmental impacts that are identifiedin an FEIS or final SEIS prepared pursuant to thischapter; and(b) A finding is made that there are no reasonablemitigation measures capable of beingaccomplished that are sufficient to mitigate theidentified impact; and(c) The denial is based on one or more policiesidentified in subsection (4) of this section andidentified in writing in the decision document.(4) The city designates and adopts by referencethe following policies as the basis for the city’sexercise of authority pursuant to this section:(a) The city shall use all practicable means,consistent with other essential considerations ofstate policy, to improve and coordinate plans, functions,programs, and resources to the end that thestate and its citizens may:(i) Fulfill the responsibilities of eachgeneration as trustee of the environment for succeedinggenerations;(ii) Assure for all people of Washingtonsafe, healthful, productive, and aesthetically andculturally pleasing surroundings;(iii) Attain the widest range of beneficialuses of the environment without degradation, riskto health or safety, or other undesirable and unintendedconsequences;(iv) Preserve important historic, cultural,and natural aspects of our national heritage;(v) Maintain, wherever possible, anenvironment which supports diversity and varietyof individual choice;(vi) Achieve a balance between populationand resource use which will permit high standardsof living and a wide sharing of life’samenities; and(vii) Enhance the quality of renewableresources and approach the maximum attainablerecycling of depletable resources.(b) The city recognizes that each person hasa fundamental and inalienable right to a healthfulenvironment and that each person has a responsibilityto contribute to the preservation andenhancement of the environment. (Ord. 456 § 1,2012; Ord. 234 § 14, 1984)16.05.150 Definitions – Purpose and adoptionby reference.This section contains uniform usage and definitionsof terms under SEPA. The city adopts the followingsections by reference, as supplemented byWAC 173-806-040:WAC197-11-700 Definitions197-11-702 Act197-11-704 Action197-11-706 Addendum197-11-708 Adoption197-11-710 Affected tribe197-11-712 Affecting197-11-714 Agency197-11-716 Applicant197-11-718 Built environment197-11-720 Categorical exemption197-11-722 Consolidated appeal197-11-724 Consulted agency197-11-726 Cost-benefit analysis197-11-728 County/city197-11-730 Decision maker197-11-732 Department197-11-734 Determination of nonsignificance(DNS)197-11-736 Determination of significance (DS)197-11-738 EIS197-11-740 Environment197-11-742 Environmental checklist16-6

ELECTRIC CITY MUNICIPAL CODE 16.05.180197-11-744 Environmental document197-11-746 Environmental review197-11-748 Environmentally sensitive area197-11-750 Expanded scoping197-11-752 Impacts197-11-754 Incorporation by reference197-11-756 Lands covered by water197-11-758 Lead agency197-11-760 License197-11-762 Local agency197-11-764 Major action197-11-766 Mitigated DNS197-11-768 Mitigation197-11-770 Natural environment197-11-772 NEPA197-11-774 Nonproject197-11-776 Phased review197-11-778 Preparation197-11-780 Private project197-11-782 Probable197-11-784 Proposal197-11-786 Reasonable alternative197-11-788 Responsible official197-11-790 SEPA197-11-792 Scope197-11-793 Scoping197-11-794 Significant197-11-796 State agency197-11-797 Threshold determination197-11-799 Underlying governmental action(Ord. 234 § 15, 1984)16.05.160 Categorical exemptions – Adoptionby reference.The city adopts by reference the following rulesfor categorical exemptions, as supplemented in thischapter, including WAC 173-806-070 (Flexiblethresholds), WAC 173-806-080 (Use of exemptions),and WAC 173-806-190 (Environmentallysensitive areas):WAC197-11-800 Categorical exemptions197-11-880 Emergencies197-11-890 Petitioning DOE to changeexemptions(Ord. 234 § 16, 1984)16.05.170 Agency compliance – Purpose ofthis section and adoption byreference.This section contains rules for agency compliancewith SEPA, including rules for charging feesunder the SEPA process, designating environmentallysensitive areas, listing agencies with environmentalexpertise, selecting the lead agency, andapplying these rules to current agency activities.The city adopts the following sections by reference,as supplemented by WAC 173-806-050 and173-806-053 and this section:WAC197-11-900 Purpose of this part197-11-902 Agency SEPA policies197-11-916 Application to ongoing actions197-11-920 Agencies with environmentalexpertise197-11-922 Lead agency rules197-11-924 Determining the lead agency197-11-926 Lead agency for governmentalproposals197-11-928 Lead agency for public and privateproposals197-11-930 Lead agency for private projectswith one agency with jurisdiction197-11-932 Lead agency for private projectsrequiring licenses from more thanone agency when one of theagencies is a county/city197-11-934 Lead agency for private projectsrequiring licenses from a localagency, not a county/city, and one ormore state agency197-11-936 Lead agency for private projectsrequiring licenses from more thanone state agency197-11-938 Lead agencies for specific proposals197-11-940 Transfer of lead agency status to astate agency197-11-942 Agreements on lead agency status197-11-944 Agreements on division of leadagency duties197-11-946 DOE resolution of lead agencydisputes197-11-948 Assumption of lead agency status(Ord. 234 § 17, 1984)16.05.180 Fees.The city shall require the following fees for itsactivities in accordance with the provisions of thischapter:16-7

16.05.190 STATE ENVIRONMENTAL POLICY ACT(1) Threshold Determination. For every environmentalchecklist the city will review when it islead agency, the city shall collect a fee of $50.00from the proponent of the proposal prior to undertakingthe threshold determination. The time periodsprovided by this chapter for making a thresholddetermination shall not begin to run until paymentof the fee. When the city completes the environmentalchecklist at the applicant’s request or underWAC 173-806-090(3) of this chapter an additional$100.00 shall be collected.(2) Environmental Impact Statement.(a) When the city is the lead agency for aproposal requiring an EIS and the responsible officialdetermines that the EIS shall be prepared byemployees of the city, the city may charge and collecta reasonable fee from any applicant to covercosts incurred by the city in preparing the EIS. Theresponsible official shall advise the applicant(s) ofthe projected costs for the EIS prior to actual preparation;the applicant shall post bond or otherwiseensure payment of such costs.(b) The responsible official may determinethat the city will contract directly with a consultantfor preparation of an EIS, or a portion of the EIS,for activities initiated by some persons or entityother than the city and may bill such costs andexpenses directly to the applicant. The city mayrequire the applicant to post bond or otherwiseensure payment of such costs. Such consultantsshall be selected by mutual agreement of the cityand applicant after a call for proposals.(c) If a proposal is modified so that an EIS isno longer required, the responsible official shallrefund any fees collected under subsection (2)(a) or(b) of this section which remain after incurred costsare paid.(3) The city may collect a reasonable fee froman applicant to cover the cost of meeting the publicnotice requirements of this chapter relating to theapplicant’s proposal.(4) The city shall not collect a fee for performingits duties as a consulted agency.(5) The city may charge any person for copiesof any document prepared under this section, andfor mailing the document, in a manner provided byChapter 42.17 RCW. (Ord. 234 § 18, 1984)197-11-965 Adoption notice197-11-970 Determination of nonsignificance(DNS)197-11-980 Determination of significance (DS)and scoping notice197-11-985 Notice of assumption of lead agencystatus197-11-990 Notice of action(Ord. 234 § 20, 1984)16.05.190 Forms – Adoption by reference.The city adopts the following forms and sectionsby reference:WAC197-11-960 Environmental checklist16-8

ELECTRIC CITY MUNICIPAL CODE 16.10.020Sections:Chapter 16.10CRITICAL AREAS REGULATIONSArticle I. General Provisions16.10.010 Purpose.16.10.020 Applicability.16.10.030 Exemptions.16.10.040 Reasonable use alternatives.16.10.050 Reference maps and materials.16.10.060 Review process.16.10.070 Critical areas report.16.10.080 Mitigation requirements.16.10.090 Agency review.16.10.100 Surety/bonding.16.10.110 Permit conditions.16.10.120 Enforcement.Article II. Aquifer Recharge Areas16.10.130 Classification.16.10.140 Designation.16.10.150 Performance standards.Article III. Fish and Wildlife HabitatConservation Areas16.10.160 Classification.16.10.170 Designation.16.10.180 Standards.Article IV. Wetlands16.10.190 Classification.16.10.200 Designation.16.10.210 Performance standards.Article V. Frequently Flooded Areas16.10.220 Classification.16.10.230 Designation.16.10.240 Standards.Article VI. Geologically Hazardous Areas16.10.250 Classification.16.10.260 Designation.16.10.270 Standards.Article I. General Provisions16.10.010 Purpose.The purpose of this title is to designate and classifyecologically sensitive and hazardous areas andto protect these areas and their functions and valuesin a manner that also allows reasonable use of privateproperty. This chapter is intended to:(1) Implement the city of Electric City comprehensiveplan and the requirements of the GrowthManagement Act;(2) Protect critical areas, in accordance with theGrowth Management Act and through the applicationof best available science, as determinedaccording to WAC 365-195-900 through 365-195-925, and in consultation with state and federalagencies and other qualified professionals;(3) Protect the general public, resources andfacilities from injury, loss of life, property damageor financial loss due to flooding, erosion, landslides,or steep slopes failure;(4) Protect unique, fragile and valuable elementsof the environment, including ground andsurface waters, wetlands, and fish and wildlife andtheir habitats;(5) Prevent cumulative adverse environmentalimpacts to water quality and availability, wetlands,and fish and wildlife habitat; and(6) Provide flexibility and attention to site specificcharacteristics, so as to ensure reasonable useof property. (Ord. 456 § 1, 2012; Ord. 367 § 2,2005)16.10.020 Applicability.These critical areas regulations shall apply as anoverlay to zoning and other land use regulationsestablished by the city.(1) All land uses and/or development permitapplications on all lots or parcels within the citythat lie within critical areas as defined herein shallcomply with the provisions of this chapter. Noaction shall be taken by any person that results inany alteration of any critical area except as consistentwith the purposes, objectives and intent of thischapter.(2) Where two or more types of critical areasoverlap, requirements for development shall beconsistent with the standards for each critical area.(3) These critical areas regulations shall applyconcurrently with review conducted under theState Environmental Policy Act (SEPA), as locallyadopted. Any conditions required pursuant to thischapter shall be included in the SEPA review and16-9

16.10.030 CRITICAL AREAS REGULATIONSthreshold determination. (Ord. 456 § 1, 2012; Ord.367 § 2, 2005)16.10.030 Exemptions.The activities listed below are exempt from theprovisions of this chapter. Exempt activities shallbe conducted using all reasonable methods to avoidimpacts to critical areas. Exemption from the chaptershall not be considered permission to degrade acritical area or ignore risks from natural hazards.Incidental damage to, or alteration of, a criticalarea that is not a necessary outcome of theexempted activity shall be restored, rehabilitated atthe responsible party’s expense.(1) Emergency construction necessary to protectlife or property from immediate damage by theelements. An emergency is an unanticipated eventor occurrence which poses an imminent threat topublic health, safety, or the environment, andwhich requires immediate action within a time tooshort to allow full compliance. Once the threat tothe public health, safety, or the environment hasdissipated, the construction undertaken as a resultof the previous emergency shall then be subject toand brought into full compliance with this title.(2) Normal maintenance or repair of existingbuildings, structures, roads, utilities, levees, ordrainage systems, that do not require constructionpermits, provided the activity does not further alter,encroach upon, or increase impacts to critical areasor associated buffers.(3) Existing agricultural activities normal ornecessary to general farming conducted accordingto industry-recognized best management practices,including the raising of crops or the grazing of livestock.(4) Site investigative work necessary for landuse application submittals such as surveys, soillogs, percolation tests and other related activities.In every case, critical area impacts should be minimizedand disturbed areas shall be immediatelyrestored.(5) Passive recreational activities, including,but not limited to: fishing, bird watching, hiking,hunting, boating, horseback riding, skiing, swimming,canoeing, and bicycling provided the activitydoes not alter the critical area or its buffer bychanging existing topography, water conditions orwater sources.(6) Minor safety improvements to state andlocal transportation facilities with proven minorimpacts on critical areas. (Ord. 367 § 2, 2005)16.10.040 Reasonable use alternatives.(1) The city may modify the requirements ofthis title in specific cases when necessary to allowreasonable use of an applicant’s property. To qualifyfor such relief the applicant must demonstrateall of the following:(a) That no other reasonable use can bemade of the property that will have a lesser adverseimpact on the critical area and adjoining and neighboringlands;(b) That the proposed use does not pose athreat to the public health, safety or welfare;(c) Any alteration is the minimum necessaryto allow reasonable use of the property; and(d) The inability of the proponent to derivereasonable use of the property is not the result ofactions by the applicant after the effective date ofthe ordinance codified in this chapter.(2) A request for a reasonable use exceptionshall be submitted to the city with the applicationmaterials for the particular development proposal.The application shall be supplemented with anexplanation as to how the reasonable use exceptioncriteria are satisfied. The city may require additionalinformation or studies to supplement the reasonableuse exception request.(3) A reasonable use exception shall be processedaccording to the provisions of governing aType I review process. (Ord. 456 § 1, 2012; Ord.367 § 2, 2005)16.10.050 Reference maps and materials.The city shall maintain reference maps andmaterials that provide information on the generallocations of critical areas. Since boundaries aregeneralized, the application of this chapter and theactual type, extent and boundaries of critical areasshall be determined and governed by the classificationsection established for each critical area. In theevent of any conflict between the critical area locationor designation shown on the city’s maps andthe criteria and standards established in this chapter,or the site-specific conditions, the criteria, standardsand/or site-specific conditions shall prevail.Reference maps and inventories shall include, butare not limited to, the following:(1) Wetlands map, based upon U.S. Fish andWildlife Service National Wetlands Inventory;(2) Fish and wildlife habitat area maps, basedupon Washington State Department of Fish andWildlife Priority Habitats and Species data;(3) Soils maps, based upon Grant County soilssurvey;(4) Steep slopes map;16-10

ELECTRIC CITY MUNICIPAL CODE 16.10.070(5) U.S.G.S. 7.5 Minute Series TopographicQuadrangle Maps;(6) Aerial photos;(7) City of Electric City comprehensive plan;(8) City of Electric City shoreline master program(if adopted);(9) Washington State Wetlands Identificationand Delineation Manual (DOE, 1997), asamended;(10) Washington State Wetlands Rating Systemfor Eastern Washington – Revised (PublicationNo. 04-06-15), August 2004, or as amended;and(11) Approved special reports previously completedfor a subject property. (Ord. 456 § 1, 2012;Ord. 367 § 2, 2005)16.10.060 Review process.All land use, business, and building permitsshall require that applicants disclose activitieswithin 100 feet of a known or suspected criticalarea. The provisions of this chapter shall be appliedto any such proposals. The review process shallproceed as follows:(1) Pre-Application Meeting/Site Visit. Uponreceiving a land use or development proposal, theadministrator shall schedule a pre-applicationmeeting and/or site visit with the proponent forpurposes of a preliminary determination whetherthe proposal is likely to result in impacts to thefunctions and values of critical areas or pose healthand safety hazards. At this meeting, the administratorshall discuss the requirements of this chapterand other applicable regulations; provide criticalareas maps and other available reference materials;outline the review and permitting processes; andwork with the proponent to identify any potentialconcerns with regards to critical areas.(2) Application and SEPA Checklist. For allnonexempt proposals, the proponent shall submitall relevant land use/development applications,together with a SEPA checklist.(3) Determination of Need for Critical AreasReport. Based upon the pre-application meeting,application materials, and the SEPA checklist, theadministrator shall determine if there is cause torequire a critical areas report. In addition, theadministrator may use critical areas maps and referencematerials, information and scientific opinionsfrom appropriate agencies, or any reasonableevidence regarding the existence of critical area(s)on or adjacent to the site of the proposed activity.(4) Documentation and Notification. Theadministrator shall document the pre-applicationmeeting and/or site visit, application and SEPAthreshold determination, and any other steps orfindings that inform the determination whether acritical areas report shall be required. The applicantshall receive notice of the determination and anyfindings that support it. (Ord. 367 § 2, 2005)16.10.070 Critical areas report.If the administrator determines that the site of aproposed development potentially includes, or isadjacent to, critical area(s), a critical areas reportmay be required. When required, the expense ofpreparing the critical areas report shall be borne bythe applicant. The content, format and extent of thecritical areas report shall be approved by theadministrator.(1) The requirement for critical areas reportsmay be waived by city staff if there is substantialevidence that:(a) There will be no alteration of the criticalarea(s) and/or the required buffer(s);(b) The proposal will not impact the criticalarea(s) in a manner contrary to the purpose, intentand requirements of this chapter and the comprehensiveplan; and(c) The minimum standards of this chapterwill be met.(2) No critical area report is required for proposalsthat are exempt from the provisions of thischapter as set forth under Article I, General Provisions.(3) Critical area reports shall be completed by aqualified professional, approved by the administrator,who is knowledgeable about the specific criticalarea(s) in question.(4) At a minimum, a required critical areasreport shall contain the following information:(a) Applicant’s name and contact information,permits being sought, and description of theproposal;(b) A copy of the site plan for the developmentproposal, drawn to scale and showing:(i) Identified critical areas, buffers, andthe development proposal with dimensions;(ii) Limits of any areas to be cleared; and(iii) A description of the proposed stormwatermanagement plan for the development andconsideration of impacts to drainage alterations;(c) The names and qualifications of the personspreparing the report and documentation of anyfieldwork performed on the site;(d) Identification and characterization of allcritical areas, wetlands, water bodies, and buffersadjacent to the proposed project area. Delineation16-11

16.10.080 CRITICAL AREAS REGULATIONSof wetlands shall be accomplished using the WashingtonState Wetlands Identification and DelineationManual (Publication No. 96-94), March 1997(as amended or revised);(e) An assessment of the probable cumulativeimpacts to critical areas resulting from the proposeddevelopment of the site;(f) An analysis of site development alternatives;(g) A description of reasonable efforts madeto apply mitigation sequencing to avoid, minimize,and mitigate impacts to critical areas;(h) A mitigation plan, as needed, in accordancewith the mitigation requirements of thischapter, including, but not limited to:(i) The impacts of any proposed developmentwithin or adjacent to a critical area orbuffer on the critical area; and(ii) The impacts of any proposed alterationof a critical area or buffer on the developmentproposal, other properties and the environment;(i) A discussion of the performance standardsapplicable to the critical area and proposedactivity;(j) Financial guarantees to ensure compliance;and(k) Any additional information required forspecific critical areas as listed in subsequent sectionsof this chapter.(5) The administrator may request any otherinformation reasonably deemed necessary tounderstand impacts to critical areas. (Ord. 456 § 1,2012; Ord. 367 § 2, 2005)16.10.080 Mitigation requirements.The applicant shall avoid all impacts thatdegrade the functions and values of critical areas.If alteration is unavoidable, all adverse impacts tocritical areas and buffers resulting from the proposalshall be mitigated in accordance with anapproved critical areas report and SEPA documents.Mitigation shall be on-site, when possible,and sufficient to maintain the functions and valuesof the critical area, and to prevent risk from a hazardposed by a critical area.(1) Mitigation Sequencing. Applicants shalldemonstrate that all reasonable efforts have beenexamined with the intent to avoid and minimizeimpacts to critical areas. When an alteration to acritical area is proposed, such alteration shall beavoided, minimized, or compensated for in the followingorder of preference:(a) Avoiding the impact altogether by nottaking a certain action or parts of an action;(b) Minimizing impacts by limiting thedegree or magnitude of the action and its implementation,by using appropriate technology, or bytaking affirmative steps, such as project redesign,relocation, or timing, to avoid or reduce impacts;(c) Rectifying the impact to wetlands, criticalaquifer recharge areas, frequently floodedareas, and habitat conservation areas by repairing,rehabilitating, or restoring the affected environmentto the historical conditions or the conditionsexisting at the time of the initiation of the project;(d) Minimizing or eliminating the hazard byrestoring or stabilizing the hazard area throughengineered or other methods;(e) Reducing or eliminating the impact orhazard over time by preservation and maintenanceoperations during the life of the action;(f) Compensating for the impact to wetlands,critical aquifer recharge areas, frequentlyflooded areas, and habitat conservation areas byreplacing, enhancing, or providing substituteresources or environments; and(g) Monitoring the hazard or other requiredmitigation and taking remedial action when necessary.(2) Mitigation Plan. When mitigation isrequired, the applicant shall submit for approval amitigation plan as part of the critical area report.The mitigation plan shall include:(a) A written report identifying mitigationobjectives, including:(i) A description of the anticipatedimpacts to the critical areas and the mitigatingactions proposed and the purposes of the compensationmeasures, including the site selection criteria;identification of compensation objectives;identification of critical area functions and values;and dates for beginning and completion of sitecompensation construction activities;(ii) A review of the best available sciencesupporting the proposed mitigation and adescription of the report authors experience to datein critical areas mitigation; and(iii) An analysis of the likelihood of successof the compensation project.(b) Measurable criteria for evaluatingwhether or not the objectives of the mitigation planhave been successfully attained and whether or notthe requirements of this chapter have been met.(c) Written specifications and descriptionsof the mitigation proposed, including, but not limitedto:(i) The proposed construction sequence,timing, and duration;16-12

ELECTRIC CITY MUNICIPAL CODE 16.10.130(ii) Grading and excavation details;(iii) Erosion and sediment control features;(iv) A planting plan specifying plant species,quantities, locations, size, spacing, and density;and(v) Measures to protect and maintainplants until established.(d) A program for monitoring constructionof the compensation project, and for assessing thecompleted project and its effectiveness over time.The program shall include a schedule for site monitoringand methods to be used in evaluatingwhether performance standards are being met. Amonitoring report shall be submitted as needed todocument milestones, successes, problems, andcontingency actions of the compensation project.The compensation project shall be monitored for aperiod necessary to establish that performancestandards have been met, but not for a period lessthan 10 years.(e) Identify potential courses of action, andany corrective measures to be taken if monitoringor evaluation indicates project performance standardsare not being met. (Ord. 367 § 2, 2005)16.10.090 Agency review.In cases where the administrator does not haveadequate knowledge or training to determine thesufficiency and accuracy of information containedwithin a critical area report or mitigation plan, saidreports or plans shall be submitted to qualifiedagencies for review and recommendations prior toacceptance by the city. (Ord. 456 § 1, 2012; Ord.367 § 2, 2005)16.10.100 Surety/bonding.If a development proposal is subject to mitigation,maintenance or monitoring plans, the city ofElectric City, in a form acceptable to the city attorney,may require an assurance device or surety.(Ord. 456 § 1, 2012; Ord. 367 § 2, 2005)16.10.110 Permit conditions.Through the review process, the city of ElectricCity shall have the authority to attach such conditionsto the granting of any approval under thischapter as deemed necessary to alleviate adverseimpacts to critical area(s) and to carry out the provisionsof this chapter. Such conditions of approvalmay include, but are not limited to, the following:(1) Specification of allowable lot sizes;(2) Provisions for additional buffers relative tothe intensity of a use or activity;(3) Requirements and/or restrictions on theconstruction, size, location, bulk and/or height,etc., of structure(s);(4) Dedication of necessary easements for utilities,conservation, open space, etc.;(5) Imposition of easement agreements, sureties,deed restrictions, covenants, etc., on the futureuse and/or division of land that run with the landand are filed and recorded in the office of the GrantCounty auditor;(6) Limitations on the removal of existing vegetation;(7) Additional measures to address issues suchas erosion control, storm water management, filling,grading, etc.;(8) Development of a mitigation plan to create,enhance, or restore damaged or degraded criticalarea(s) on- and/or off-site; and(9) Any monitoring and/or maintenance plansnecessary to implement the provisions of this chapter.(Ord. 456 § 1, 2012; Ord. 367 § 2, 2005)16.10.120 Enforcement.Violation of the provisions of this chapter, orfailure to comply with any of its requirements,shall be subject to enforcement actions by the cityof Electric City that are authorized in the zoningordinance, subdivision ordinance, shoreline masterprogram or any other land use regulation of the cityof Electric City. The city attorney, when authorizedby the mayor and council, shall seek penalties,remedies, injunctions and other legal sanctionsnecessary for the enforcement of this title. In additionto costs allowed by these regulations, the prevailingparty in an enforcement action may, at thecourt’s discretion, be allowed interest and reasonableattorney’s fees. The city attorney shall seeksuch costs, interest, and the reasonable attorney’sfees on behalf of the city of Electric City when thecity is the party. (Ord. 456 § 1, 2012; Ord. 367 § 2,2005)Article II. Aquifer Recharge Areas16.10.130 Classification.The following three-level classification schemeis used to determine the level of protection necessaryfor land areas:(1) Critical Potential. Rivers, creeks, wetlands,lakes and ponds, and lands that have been specificallyidentified as critical recharge areas based onreliable scientific data.(2) High Potential. Lands adjacent to rivers,creeks, wetlands, lakes and ponds that include soils16-13

16.10.140 CRITICAL AREAS REGULATIONSthat show permeability ratings in the county soilsurvey of more than 20 inches per hour within 60inches of the soil surface.(3) Moderate Potential. Lands with soils thatshow permeability ratings in the county soil surveyof more than 20 inches per hour within 60 inches ofthe soil surface. (Ord. 367 § 2, 2005)16.10.140 Designation.No aquifer recharge areas are known to havebeen mapped within the city or surrounding planningarea. Therefore, aquifer recharge areas inElectric City shall be designated as they are identifiedin accord with the classification provisions.Because the classification focuses on areas whererecharge is generally known to occur, protectionsshall be broad enough to preserve essential aquiferrecharge functions and values. (Ord. 456 § 1, 2012;Ord. 367 § 2, 2005)16.10.150 Performance standards.In addition to the general provisions of thischapter and the requirements of the underlyingzone, the following minimum standards shall applyto development activities within and adjacent toaquifer recharge areas:(1) Development activities within an aquiferrecharge area shall be designed, developed andoperated in a manner that will not potentiallydegrade groundwater resources nor adverselyaffect the recharging of the aquifer.(2) A hydrogeologic study and/or ongoingmonitoring may be required to assess impacts ofdevelopment activities on groundwater resources.(3) All proposed activities within aquiferrecharge areas must comply with the water sourceprotection requirements of the federal EnvironmentalProtection Agency, State Department ofHealth and the Grant County health district.(4) On-site stormwater facilities shall bedesigned and installed in all aquifer recharge areas,so as to provide both detention and treatment of allrunoff associated with the development.(5) All development occurring within aquiferrecharge areas shall be required to connect to citysewer and water, and on-site sewage disposal shallbe prohibited.(6) Landfills, junkyards/salvage yards, mining,wood treatment facilities, or any other activity thatcould impair the recharge of critical aquiferrecharge areas. Such activities may be permitted inareas with high or moderate recharge potential inaccord with applicable zoning regulations, providingthe applicant can satisfactorily demonstratethat potential negative impacts to groundwater canbe prevented.(7) All storage tanks, whether above or underground,shall be required to be constructed so as toprotect against corrosion for the operational life ofthe tank, to prevent any release of hazardous substancesto the ground, ground waters, or surfacewaters, and to utilize appropriate containmentmethods.(8) Any agricultural activities conducted withinaquifer recharge areas shall incorporate best managementpractices concerning waste disposal, fertilizer/pesticide/herbicideuse, and stream corridormanagement. If necessary applicants shall seektechnical assistance from the Grant County conservationdistrict or the WSU cooperative extensionoffice.(9) Application of pesticides, herbicides andfertilizers within aquifer recharge areas shall complywith timing and rates specified on productpackaging.(10) Vehicle repair and servicing activitiesmust be conducted over impermeable pads andwithin a covered structure capable of withstandingnormally expected weather conditions. Chemicalsused in the process of vehicle repair and servicingmust be stored in a manner that protects them fromweather and provides containment should leaksoccur. (Ord. 456 § 1, 2012; Ord. 367 § 2, 2005)Article III. Fish and Wildlife HabitatConservation Areas16.10.160 Classification.Washington State Department of Fish and Wildlifehas identified those fish and wildlife resourcesthat are considered a priority for management andconservation. Priority habitats are those withunique or significant value to many fish or wildlifespecies. Priority species are those which requirespecial efforts to ensure their perpetuation becauseof their low numbers, sensitivity to habitat alteration,tendency to form vulnerable aggregations orbecause they are hold commercial, recreational, ortribal importance. Electric City shall use the WashingtonState Department of Fish and Wildlife PriorityHabitat and Species Program to classify allfish and wildlife habitat conservation areas withinthe city and urban growth boundary. Two classificationsshall apply:(1) Critical. Areas with which state or federallydesignated endangered, threatened and sensitivespecies have a primary association, including16-14

ELECTRIC CITY MUNICIPAL CODE 16.10.190anadromous fish species and habitats requiringspecial consideration under RCW 36.70A.172(1).(2) Awareness. All other priority habitats andspecies identified by Washington State Departmentof Fish and Wildlife. (Ord. 456 § 1, 2012;Ord. 367 § 2, 2005)16.10.170 Designation.Fish and wildlife conservation areas are designatedunder the Washington State Department ofFish and Wildlife Priority Habitat and Species Program.Priority habitats are considered to be prioritiesfor conservation and management. Priorityspecies require protective measures for their perpetuationdue to their population status, sensitivityto habitat alteration, and/or recreational, commercial,or tribal importance. Priority habitat and speciesmaps prepared by Grant County based onWashington State Department of Fish and Wildlifedata show the range of existing habitat by species.(Ord. 367 § 2, 2005)16.10.180 Standards.In addition to the general provisions of thischapter and the requirements of the underlyingzone, the following minimum standards shall applyto development activities within and adjacent tofish and wildlife habitat conservation areas:(1) Critical area reports for fish and wildlifehabitat conservation areas shall include a habitatassessment to evaluate the presence or absence of apotential critical species or habitat;(2) The Washington State Department of Fishand Wildlife priority habitat and species managementrecommendations shall be consulted in developingspecific measures to protect a specificproject site;(3) All projects shall comply with the applicablefederal, state and local regulations regardingthe species and habitats identified to be upon a site;(4) Establishment of Buffers. When needed toprotect the functions and values of habitat conservationareas, the administrator shall require theestablishment of buffer areas for activities in oradjacent to such areas. Buffers shall consist of anundisturbed area of native vegetation, or areasidentified for restoration. Buffer widths shallreflect the sensitivity of the habitat and the intensityof activity proposed, and shall be consistentwith the management recommendations issued bythe State Department of Fish and Wildlife;(5) As determined through the site-specificstudy, mitigation measures shall be implementedthat maintain the base line populations and reproductionrates for the particular species; and(6) As determined through the site-specificstudy, appropriate habitat conservation, managementand monitoring plan(s) shall be developedand implemented, with any necessary surety toensure compliance with such plan(s) being providedas described in this chapter. (Ord. 367 § 2,2005)Article IV. Wetlands16.10.190 Classification.Wetlands in Electric City are defined as stated inRCW 36.70A.030(20) and shall be classified intothe following categories according to the WashingtonState Wetlands Rating System for EasternWashington:(1) Category I. Category I wetlands are thosethat score over 70 points on the rating system. Theygenerally are those that:(a) Represent a unique or rare wetland type;(b) Are sensitive to disturbance;(c) Are relatively undisturbed and containecological attributes that are impossible to replacewithin a human lifetime; or(d) Provide a very high level of functions.We do not wish to risk any degradation to thesewetlands. Generally, these wetlands are not commonand make up a small percentage of the wetlandsin Eastern Washington. Category I wetlandsinclude alkali wetlands, bogs, Natural Heritagewetlands, mature and old-growth forested wetlandswith slow growing trees, forests with stands ofAspen, and wetlands that perform many functionswell, as measured by the rating system.(2) Category II. Category II wetlands are thosethat score between 51 and 69 points on the ratingsystem. They generally are:(a) Forested wetlands in the channel migrationzone of rivers;(b) Mature forested wetlands containing fastgrowing trees;(c) Vernal pools present within a mosaic ofother wetlands; or(d) Those wetlands with a moderately highlevel of functions.These wetlands are difficult, though not impossible,to replace. They provide high levels of somefunctions. These wetlands occur more commonlythan Category I wetlands, but still need a high levelof protection.16-15

16.10.200 CRITICAL AREAS REGULATIONS(3) Category III. Category III wetlands arethose that score 30 to 50 points on the rating system.They generally are:(a) Vernal pools that are isolated; or(b) Wetlands with a moderate level of functions,as measured by the rating system.These wetlands have generally been disturbed insome manner, and are often smaller, less diverseand/or more isolated in the landscape that CategoryII wetlands. They may not require as much protectionas Category I and II wetlands.(4) Category IV. Category IV wetlands havethe lowest levels of functions, as measured by therating system, and are often heavily disturbed.They score less than 30 points. These are wetlandsthat we should be able to replace, and in some casesimprove. These wetlands do provide some importantfunctions, and should be afforded some degreeof protection. (Ord. 367 § 2, 2005)16.10.200 Designation.To date there has been no wetlands mappingdone specifically for the Electric City area. To remedythis, the city should pursue an accurateaccounting of all wetlands in its planning areabased on the Washington State Wetlands RatingSystem for Eastern Washington and the WashingtonState Wetlands Identification and DelineationManual (Publication No. 96-94), March 1997.However, until funding is obtained to conduct acomprehensive inventory of wetlands, the NationalWetlands Inventory (NWI) maps shall be used as abase designation. The NWI maps, along with othersupportive documentation, shall be used to reviewdevelopment proposals, but because the NationalWetlands Inventory was done at such a broad scale,local verification according to the classificationcriteria shall be part of the standard process foridentifying and designating wetlands. (Ord. 456§ 1, 2012; Ord. 367 § 2, 2005)16.10.210 Performance standards.In addition to the general provisions of thischapter and the requirements of the underlyingzone, the following minimum standards shall applyto development activities within and adjacent towetland areas:(1) The following buffer zones are requiredadjacent to and outside of all regulated wetlandsaccording to the following schedule, if impactsfrom land use and wetland functions are not incorporated.The exceptions are Category III and IVwetlands between 1,000 and 4,000 square feetwhich are excluded from all provisions of thischapter:Category I:Category II:Category III:Category IV:250 feet200 feet150 feet50 feetThe standard buffer widths shall be appliedunless the administrator determines through a scientificallysupportable method that a greater orlesser buffer width would serve to protect the functionsand values of a particular wetland. The standardbuffer widths may not be reduced by morethan 25 percent or to no less than 35 feet. Greaterbuffer widths or rehabilitation of an inadequateplant community may be required where necessaryto ensure development does not result in adverseimpacts to wetlands.(2) Wetland buffer zones shall be retained intheir natural condition. Where buffer disturbancesare unavoidable during adjacent construction, revegetationwith native plant materials will berequired.(3) Wetland alteration proposals shall beapproved only if no alternative is available. Whenno alternative exists, wetlands replacement shall beused to mitigate impacts and shall be based on thefunctions and values of the particular wetlandbeing impacted. Simplified ratios for wetlandsreplacement projects shall be as follows:Category I: 6:1Category II: 3:1Category III: 2:1Category IV: 1.5:1Wetlands enhancement ratios shall be at leastdouble those for replacement.(4) The following activities are allowed tooccur in wetlands and wetland buffer zones subjectto conditioning with appropriate best managementpractices to minimize impacts on the functions andvalues of wetlands:(a) Outdoor recreational activities;(b) Existing and ongoing agricultural activities(provided no additional area is added beyonddemonstrable historic levels);(c) Maintenance of existing facilities, structures,ditches, roads and utility systems.16-16

ELECTRIC CITY MUNICIPAL CODE 16.10.260(5) All projects shall comply with the applicablefederal, state and local regulations regardingthe species.(6) As determined through the site-specificstudy, mitigation measures shall be implementedthat maintain the functions and values found in theparticular wetland.(7) As determined through the site-specificstudy, appropriate mitigation, management andmonitoring plan(s) shall be developed and implemented,with any necessary surety to ensure compliancewith such plan(s) being provided asdescribed herein above.(8) A use or structure established prior to theeffective date of the ordinance codified in thischapter which does not conform to standards setforth herein is allowed to continue and be reasonablymaintained; provided, that such activity orstructure shall not be expanded or enlarged in anymanner that increases the extent of its nonconformity.(Ord. 367 § 2, 2005)Article V. Frequently Flooded Areas16.10.220 Classification.The following classification system will be usedto determine the level of protection necessary forfrequently flooded areas:(1) Class I. The floodway of any river or streamas designated by FEMA; and draws, alluvials andflood channels that are not mapped by FEMA butare areas of local concern that have a historicalreoccurrence of flood events characterized by significantdamage from flood flows.(2) Class II. All areas mapped by FEMA as100-year floodplains; and those areas of local concernthat experience recurrences of flooding thatare characterized by damage due primarily to inundation.(Ord. 367 § 2, 2005)16.10.230 Designation.The city of Electric City does not contain anyareas designated as special flood hazards. (Ord.456 § 1, 2012; Ord. 367 § 2, 2005)16.10.240 Standards.There are no standards required at this time.(Ord. 367 § 2, 2005)Article VI. Geologically Hazardous Areas16.10.250 Classification.Known geologically hazardous areas within thecity of Electric City consist of erosion hazard areas,including steep slopes. As more information isobtained that demonstrates the existence of othertypes and/or areas of geologically hazardous areas,these types and/or areas shall be classified and protectedin accordance with the provisions of thischapter.(1) The following general classification systemwill be used to determine the level of protectionnecessary for geologically hazardous areas, basedupon the risk to development:(a) Known or suspected risk;(b) No risk;(c) Risk unknown.(2) The following criteria shall be used in determiningthe status of an area as a particular type ofgeologically hazardous area:(a) Erosion hazard areas are those that containall three of the following characteristics:(i) A slope of 30 percent or greater;(ii) Soils identified by the Soil ConservationService as unstable and having a high potentialfor erosion; and(iii) Areas that are exposed to the erosioneffects of wind or water.(b) Landslide hazard areas are those thatmay contain any of the following circumstances:(i) All areas that have historically beenprone to landsliding;(ii) All areas containing soil types identifiedby the NRCS as unstable and prone to landslidehazard;(iii) All areas that show evidence of orare at risk from snow avalanches; or(iv) All areas that are potential unstableas a result of rapid stream incision or stream bankerosion. (Ord. 456 § 1, 2012; Ord. 367 § 2, 2005)16.10.260 Designation.(1) Geologically Hazardous Areas. Each typeof geologically hazardous area is designated basedon different factors. The designation process foreach type follows:(2) Erosion Hazard Areas. Soil ConservationService soil erosion hazard ratings are interpretationsof the potential for erosion, applied to broadlygeneralized map units. They do not pinpoint erosionsites, but rather areas that, because of soilproperties, availability of water, etc., are more susceptibleto severe erosion than others. The Soil16-17

16.10.270 CRITICAL AREAS REGULATIONSConservation Service maps will be used to identifyareas of erosion potential. The soil informationneeds to be combined with site-specific information(rills, inter-rills, and wind erosion) to determineif erosion hazard is present on the site. Thesoil types that have erosion hazard potential havebeen identified within the urban growth area in thecounty. In Electric City’s case, most of the privatelyheld land within the incorporated boundariesis already developed and soil stability hasbeen proven.(3) Landslide Hazard Areas. Lands that meetthe classification criteria are hereby designated aslandslide hazard areas and should be mapped, asresources become available.(4) Mine Hazard Areas. Lands that meet theclassification criteria are hereby designated asmine hazard areas and will be mapped, as resourcesbecome available.(5) Seismic Hazard Areas. There are no knownactive faults in Electric City. The majority of thecity is located within Seismic Zone 2B in accordancewith the Uniform Building Code (1991 Edition,as amended).(6) Volcanic Hazard Areas. There are no volcanichazard areas in Electric City. There are, however,several active volcanoes that could haveimpacts on areas of Electric City, particularly thefallout of ash. There is no way to prevent theimpacts of fallen ash, but there are ways to respondto the ash that could lessen its impacts. (Ord. 456§ 1, 2012; Ord. 367 § 2, 2005)(4) The existing native vegetation within thebuffer area(s) shall be maintained, except that normal,nondestructive pruning and trimming of vegetationfor maintenance purposes is allowed;(5) As determined through the site-specificstudy, appropriate drainage, grading, excavationand erosion control measures shall be implementedin the geologically hazardous area(s);(6) As determined through the site-specificstudy, mitigation measures shall be implementedthat maintain the integrity of the geologically hazardousarea(s);(7) As determined through the site-specificstudy, appropriate management and monitoringplan(s) shall be developed and implemented to preserveand protect both the geologically hazardousarea(s) and the project, with any necessary suretyto ensure compliance with such plan(s) being providedas described herein above; and(8) A use or structure established prior to theeffective date of this chapter which does not conformto standards set forth herein, is allowed tocontinue and be reasonably maintained; provided,that such activity or structure shall not be expandedor enlarged in any manner that increases the extentof its nonconformity. (Ord. 367 § 2, 2005)16.10.270 Standards.In addition to the general provisions of thischapter and the requirements of the underlyingzone, the following minimum standards shall applyto development activities within and adjacent togeologic hazard areas:(1) All projects shall be evaluated through ageotechnical report to determine whether theproject is proposed to be located in a geologicallyhazardous area, and if so, what is the project’spotential impact on the geologically hazardousarea and the potential impact of the geologic hazardon the proposed project;(2) All projects shall comply with the applicablefederal, state and local regulations, includingthe International Building Code;(3) As determined through the site-specificstudy, appropriate buffers shall be maintainedbetween all permitted uses and activities and thedesignated geologically hazardous area(s);16-18

Title 17SUBDIVISIONSChapters:17.05 General Provisions17.09 Definitions17.11 Short Subdivisions17.17 Major Subdivisions17.26 Binding Site Plan17.29 Design Standards17.33 Improvements17.36 Reimbursement for Utility Installations17.40 Waivers, Deviations and Deferrals17.44 Violations17.48 Comprehensive Plan17.52 Lot Boundary Adjustments17-1

ELECTRIC CITY MUNICIPAL CODE 17.05.060Chapter 17.05GENERAL PROVISIONSSections:17.05.010 Short title.17.05.020 Purpose.17.05.030 Jurisdiction.17.05.040 Administrative authority.17.05.050 Failure of planning commission to act.17.05.060 Assignment of water rights forsubdivision of land.17.05.010 Short title.This title shall be known as the subdivision ordinanceof the city of Electric City. (Ord. 393 § 1,2007)17.05.020 Purpose.The purpose of this title is to regulate the subdivisionof land and to promote the health, safety,and general welfare in accordance with standardsestablished by the city and the state to prevent theovercrowding of land; to lessen congestion in thestreets and highways; to provide for adequate lightand air; to facilitate adequate provision for water,sewage, park and recreation areas, sites for schoolsand school grounds, and other public requirements;to provide for proper ingress and egress; and torequire uniform monumenting of land subdivisionsand conveying by accurate legal description. (Ord.393 § 1, 2007)17.05.030 Jurisdiction.These subdivision regulations shall apply to allsubdivisions of land within the corporate limits ofthe city. (Ord. 393 § 1, 2007)17.05.050 Failure of planning commission toact.If in any instance the planning commission failsto act or carry out its responsibilities according tothe regulations contained in this title, the city councilshall assume all the duties of the planning commissionas specified in this title relating to theapplication concerned. (Ord. 393 § 1, 2007)17.05.060 Assignment of water rights forsubdivision of land.(1) As a condition for the approval of the subdivisionof real property pursuant to Chapters 17.11,17.17, and 17.26 ECMC, utilizing city-providedwater for residential consumption, irrigation, firesuppression, or commercial application, any propertyowner or developer of such property shallassign and transfer to the city any perfected application,certificate, permit or right of withdrawal ofground or surface waters, or such other water rightsas may be appurtenant to such property in suchquantities as is sufficient to serve the real property.This assignment and transfer shall not apply toindividual service wells which are exempt fromcertification under the laws of the state of Washington.This assignment and transfer shall also notapply to properties which receive sufficient irrigationwater services provided under a perfectedwater right from a city-approved irrigation waterservice provider or industrial or industrial applicationsor those situations where water is provided toapplications on the property by someone or someentity other than the city.(2) In the event there are no water rights representedeither by perfected application, certificate,permit or right for withdrawal appurtenant to thereal property benefited in subsection (1) of this section,the property owner or developer shall pay tothe city, in lieu thereof, a water rights acquisitionfee as established by the city council from time totime by resolution. (Ord. 405 § 1, 2008)17.05.040 Administrative authority.There are established regulations related to themunicipal approval or disapproval of subdivisionsor dedications. The plat administrator is designatedand assigned the administrative and coordinatingresponsibilities contained in this title, pursuant tothe laws of the state as amended. (Ord. 393 § 1,2007)17-3

17.09.010 DEFINITIONSChapter 17.09DEFINITIONSSections:17.09.010 Generally.17.09.020 Binding site improvement plan.17.09.030 Block.17.09.040 City engineer.17.09.050 Comprehensive plan.17.09.060 Construction plans.17.09.070 County auditor.17.09.080 County treasurer.17.09.090 Dedication.17.09.100 Division of land.17.09.110 Easement.17.09.120 Final plat.17.09.130 Improvements.17.09.140 Land surveyor.17.09.150 Lease.17.09.160 Lot.17.09.170 Maintenance bond.17.09.180 Major subdivision.17.09.190 Performance bond.17.09.200 Planning commission.17.09.210 Plat.17.09.220 Plat administrator.17.09.230 Preliminary plat.17.09.240 Principal building.17.09.245 Public works director.17.09.250 Right-of-way.17.09.260 Segregation.17.09.270 Short plat.17.09.280 Short subdivision.17.09.290 Subdivider.17.09.300 Subdivision bond.17.09.310 Tract.17.09.010 Generally.As used in this title, the following words orphrases shall have the following meanings. (Ord.393 § 1, 2007)17.09.020 Binding site improvement plan.“Binding site improvement plan” means a drawingto the scale specified herein which identifiesand shows the areas and locations of all streets,roads, improvements, utilities, open spaces, andany other matters specified herein; containsinscriptions or attachments setting forth suchappropriate limitations and conditions for the useof the land as are established pursuant to this chapter,and contains provisions making any developmentbe in conformity with the site plan. (Ord. 393§ 1, 2007)17.09.030 Block.“Block” means a group of lots, tracts or parcelswithin well defined and fixed boundaries. (Ord.393 § 1, 2007)17.09.040 City engineer.“City engineer” means the properly credentialedpublic works director or the properly credentialeddesignee or contract engineer employed by thecity. (Ord. 393 § 1, 2007)17.09.050 Comprehensive plan.“Comprehensive plan” means the plans, maps,texts, and reports which comprise the officialdevelopment plan as adopted by the council inaccordance with Chapter 35A.63 RCW. (Ord. 393§ 1, 2007)17.09.060 Construction plans.“Construction plans” means the maps or drawingsand specifications accompanying a plat showingthe specific location and design ofimprovements to be installed or constructed in thesubdivision. (Ord. 393 § 1, 2007)17.09.070 County auditor.“County auditor” is the Grant County auditor.(Ord. 393 § 1, 2007)17.09.080 County treasurer.“County treasurer” is the Grant County treasurer.(Ord. 393 § 1, 2007)17.09.090 Dedication.“Dedication” means the deliberate appropriationof land by an owner for any general and publicuses, reserving to himself no other rights than suchas are compatible with the full exercise and enjoymentof the public uses to which the property hasbeen devoted. The intention to dedicate shall beevidenced by the owner by the presentment for filinga final plat or short plat showing the dedicationthereon; and the acceptance by the public shall beevidenced by the approval of such plat for filing bythe appropriate governmental unit. (Ord. 393 § 1,2007)17.09.100 Division of land.“Division of land” means the division of anyparcel of land into two or more parcels. (Ord. 393§ 1, 2007)17-4

ELECTRIC CITY MUNICIPAL CODE 17.09.24517.09.110 Easement.“Easement” means a grant of one or more of theproperty rights by the property owner to and/or forthe use by the public, the city, a corporation, oranother person or entity. (Ord. 393 § 1, 2007)17.09.120 Final plat.“Final plat” means the final drawing of the subdivisionand dedication prepared for filing forrecord with the county auditor and containing allelements and requirements set forth in this title.(Ord. 393 § 1, 2007)17.09.130 Improvements.“Improvements” means any street and utility(sewer and water) required in granting short plat,major plat, or binding site improvement planapproval in conformance with community streetand utility standards and city design standards.(Ord. 393 § 1, 2007)17.09.140 Land surveyor.“Land surveyor” means an individual registeredin accordance with the provisions of Chapter 16.43RCW and licensed to perform land surveys. (Ord.393 § 1, 2007)17.09.150 Lease.“Lease” means a contract or agreement wherebyone party grants to another party general or limitedrights, title, or interest in real property. This definitionis intended to apply to those agreements whichare ordinarily considered “ground leases” and shallnot apply to those which are ordinarily considered“space leases.” (Ord. 393 § 1, 2007)17.09.160 Lot.“Lot” means a fractional part of divided landshaving fixed boundaries, being of sufficient areaand dimension to meet minimum zoning requirementsfor width and area. The term shall includetracts or parcels. (Ord. 393 § 1, 2007)17.09.170 Maintenance bond.“Maintenance bond” means any security orsurety approved by the city attorney that may beaccepted as a guarantee that improvementsrequired as a part of any application for developmentwill function as required for at least a oneyearperiod of time following acceptance by thecouncil. (Ord. 393 § 1, 2007)17.09.180 Major subdivision.“Major subdivision” means the division or redivisionof land into more than nine lots, tracts, parcels,sites, or divisions and/or the division orredivision of land into lots, tracts, parcels, sites, ordivisions exceeding four acres in total land area forthe purpose of sale, lease, or transfer of ownership.(Ord. 463 § 1, 2012; Ord. 399 § 1, 2008; Ord. 393§ 1, 2007)17.09.190 Performance bond.“Performance bond” means any security orsurety approved by the city attorney that may beaccepted as a guarantee that improvementsrequired as a part of any application for developmentare satisfactorily completed within a specifiedperiod of time. (Ord. 393 § 1, 2007)17.09.200 Planning commission.“Planning commission” means the body createdpursuant to Chapter 2.30 ECMC. (Ord. 393 § 1,2007)17.09.210 Plat.“Plat” means a map or representation of a subdivisionshowing thereon the division of a tract orparcel of land into lots, blocks, streets, and alleys,or other divisions and dedications. (Ord. 393 § 1,2007)17.09.220 Plat administrator.“Plat administrator” means the person designatedby the mayor, charged with administeringland development regulations. (Ord. 393 § 1, 2007)17.09.230 Preliminary plat.“Preliminary plat” means a neat and approximatedrawing of a proposed subdivision showingthe general layout of streets and alleys, lots, blocks,and other elements of a subdivision consistent withthe requirements of this chapter. The preliminaryplat shall be the basis for the approval or disapprovalof the general layout of a subdivision. (Ord.393 § 1, 2007)17.09.240 Principal building.“Principal building” shall mean the principalstructure on a lot or building site designed or usedto accommodate the primary use to which the premisesare devoted. (Ord. 393 § 1, 2007)17.09.245 Public works director.“Public works director” means the street superintendent,city engineer or mayor depending upon17-5

17.09.250 SHORT SUBDIVISIONSto whom the specific duty reference has beenassigned. (Ord. 393 § 1, 2007)17.09.250 Right-of-way.“Right-of-way” means a permanent dedicationto public use of a strip of land to be used for publicroads, bikeways, sidewalks, mass transit, utilities,or similar related public uses. (Ord. 393 § 1, 2007)17.09.260 Segregation.“Segregation” means the division of land intotwo or more leasehold agreements. (Ord. 393 § 1,2007)17.09.270 Short plat.“Short plat” means a map or representation of ashort subdivision. (Ord. 393 § 1, 2007)17.09.280 Short subdivision.“Short subdivision” means the division or redivisionof land into nine or fewer lots, tracts, parcels,sites, or divisions for the purpose of sale,lease, or transfer of ownership not exceeding fouracres in total area. (Ord. 393 § 1, 2007)17.09.290 Subdivider.“Subdivider” means a person, firm, or corporationthat undertakes to create a major subdivision,a short subdivision, or a binding improvementplan. When improvements are involved and thecommunity street and utility standards are referredto, the subdivider shall be considered to be thesame as the contractor. (Ord. 393 § 1, 2007)17.09.300 Subdivision bond.“Subdivision bond” shall mean any security orsurety approved by the city attorney that may beaccepted by the council as a guarantee thatimprovements required as a condition of preliminaryand/or final plat approval are satisfactorilycompleted. (Ord. 393 § 1, 2007)17.09.310 Tract.“Tract” means a parcel of land prepared for subdivisionor subdividing. (Ord. 393 § 1, 2007)Chapter 17.11SHORT SUBDIVISIONSSections:17.11.010 Purpose.17.11.020 Scope.17.11.030 Preliminary plat conditions andrequirements.17.11.040 Referral to other departments,agencies, and offices.17.11.050 Waivers, deviations and deferrals.17.11.060 Dedications.17.11.070 Preliminary short subdivisionapplication review procedures.17.11.080 Expiration of preliminary plat.17.11.090 Preliminary short subdivision appeals.17.11.100 Improvements.17.11.110 Final short subdivision platapplication.17.11.120 Final plat review procedure.17.11.130 Final plat fees.17.11.140 Filing final plat.17.11.150 Vested rights.17.11.160 Final short subdivision appeals.17.11.010 Purpose.The procedures regulating short subdivisionsare established to provide for the orderly and efficientdivision of land on a small scale; to promotethe public health, safety, and general welfare, andto substantially comply with the provisions ofChapter 58.17 RCW. (Ord. 393 § 1, 2007)17.11.020 Scope.The division or redivision of land into nine orfewer lots, tracts, parcels, sites, or divisions for thepurpose of sale or lease or transfer of ownershipnot exceeding four acres in total area and which hasnot been divided into a short subdivision within aperiod of five years is subject to this chapter. (Ord.393 § 1, 2007)17.11.030 Preliminary plat conditions andrequirements.(1) General Conditions and Requirements.(a) The subdivision shall make adequateprovision for roads, streets, curbs, gutters, sidewalks,street lighting circuits, alleys, extension ofmunicipal utilities (sewer and water), drainageways,irrigation water rights-of-way, other publicways or any municipal improvements as deemednecessary in conformance with city community17-6

ELECTRIC CITY MUNICIPAL CODE 17.11.030street and utility standards and city design standardsin effect at the time of plat approval.(b) The subdivision shall front on an existingstreet. There shall be adequate access to all parcels.Streets shall be improved to city standards.Street lighting shall be provided.(c) The subdivision shall comply with allzoning and health regulations.(d) The subdivision shall be generally consistentwith the city’s comprehensive plan.(e) The subdivision shall provide for irrigationwater rights-of-way pursuant to RCW58.17.310 as now enacted or hereafter amended.(f) A street lighting plan as may be requiredby the city engineer must be provided. The planmust be approved by the Grant County public utilitydistrict and include certification that arrangementsacceptable to the city and the Grant Countypublic utility district have been made for the paymentof required fees through the creation of astreetlight utility local improvement district(ULID).A petition to form a streetlight utility localimprovement district (ULID) coexistent with theboundaries of the plat as provided by state law shallaccompany such approved plan. Such petition shallbe in a form acceptable to the city and shall providefor the payment by properties located within theplat of the ongoing costs of the streetlights installedwithin the plat.(g) The subdivision shall not have been previouslydivided in a short subdivision within thelast five years and will not be further divided in anymanner unless such proposed resubdivision complieswith all provisions relating to major subdivisionsin effect at the time the further subdivision iscommenced.(h) Unless an applicant for a preliminaryplat approval requests otherwise, and the platadministrator agrees, a preliminary plat shall beprocessed simultaneously with the application forrezones, waivers, deferrals, planned unit developments,site plan approvals, and similar quasi-judicialor administrative actions to the extent thatprocedural requirements applicable to thoseactions permit simultaneous processing.(i) Every decision or recommendation madeunder this chapter by the council or planning commissionshall be in writing and shall include findingsof fact and conclusions to support the decisionor recommendation.(j) Preliminary plats of any proposed shortsubdivision shall be approved, disapproved, orreturned to the applicant within the time providedfor land use approvals and reviews in this code.(k) At the discretion of the plat administrator,the requirement that a preliminary short plat besubmitted may be waived. Subject to the approvalof the plat administrator, a short plat withoutimprovements may be submitted as a final plat forreview and approval.(l) A plat certificate from a title companylicensed to do business in the state of Washingtondated within 30 days of the date of filing of thefinal plat and application with the plat administratorconfirming that the title of the lands asdescribed and shown on the plat is in the name ofthe owners signing the subdivision plat or instrumentof dedication.(2) Specific Conditions and Requirements.(a) Prior to submission of a short subdivisionpreliminary application and preliminary plat,the subdivider or the subdivider’s representativeshall schedule a preapplication conference with theplat administrator and representatives of otheraffected city departments. The subdivider shallpresent a conceptual idea of the plat. The platadministrator and representatives of affected citydepartments will respond informally and addresspotential items of concern to aid the subdivider inpreparing the short subdivision preliminary applicationand preliminary plat.(b) The preliminary short subdivision applicationand plat shall be filed with the plat administratoron forms prescribed by the platadministrator. The application shall be accompaniedby 12 copies of the preliminary plat. At thediscretion of the plat administrator, the requirementthat 12 copies of the preliminary plat be submittedmay be waived. Processing of thepreliminary plat may require fewer than 12 copiesof the plat.(c) The preliminary plat shall be a neat andaccurate drawing, stamped and signed by a registeredprofessional land surveyor licensed by thestate of Washington on reproducible material at adecimal scale. The plat map shall measure 18inches by 24 inches. The preliminary plat shall bedrawn in black permanent ink on two or moresheets if the scale necessary to accommodate themap on one sheet would unduly congest the drawing.(d) A nonrefundable fee established by aresolution of the council shall accompany each andevery application for a preliminary short subdivision,together with all contracted staff reviewexpenses, publication costs and any consultant fees17-7

17.11.040 SHORT SUBDIVISIONSincurred to be able to review and process the application.(e) The preliminary plat shall contain thefollowing:(i) Name of proposed subdivision.(ii) Boundaries of proposed subdivisionestablished by the preliminary survey.(iii) Location and dimensions of allexisting and proposed irrigation water rights-ofwayon and adjacent to the proposed subdivision.(iv) Legal description of land within theproposed subdivision.(v) Any proposed land dedications.(vi) Name, address, and seal of the registeredland surveyor who made the preliminary survey.(vii) The date of the preliminary survey.(viii) Horizontal scale of the proposedplat shall be not more than 100 feet to the inch,except that the city engineer, subject to a requestprior to plat submittal, may approve an alternativeplat map scale not to exceed 100 feet to the inch.(ix) Monuments found and establishedduring the preliminary survey.(x) Date map is prepared, scale, andnorth point of the map. Approximate proposed lotlines with their dimensions, including lot numbersand block numbers.(xi) If any of the parcels can be furtherdivided or if only a portion of a tract is beingdivided, location of future streets, alleys, and lotlines shall be shown by dotted lines.(xii) A vicinity map at a scale of notmore than 400 feet to the inch, except that the cityengineer, subject to a request prior to plat submittal,may approve an alternative vicinity map scaleexceeding 400 feet to the inch. The vicinity mapshall show all adjacent parcels. It shall show howthe streets and alleys in the proposed subdivisionmay connect with existing and proposed streets andalleys in neighboring subdivisions or unplattedproperty to produce an advantageous developmentof the entire neighborhood.(xiii) Provide recommended streetnames for approval.(xiv) United States Bureau of Reclamationhorizontal and vertical data including benchmarks.(xv) A site plan on a separate sheetshowing the following information:(A) Location and sizing of existingand proposed utilities including water, sewer,storm drains, electricity, gas, street lighting, curbs,and sidewalks, telephone, and cablevision lines.Minimum size and scale shall be the same as thepreliminary plat map.(B) Existing and proposed structuresand natural features and all proposed improvementswithin and adjoining the proposed subdivision.(C) Topography of the area with amaximum of two-foot intervals of contours asrequired by the city engineer.(D) Present zoning classification onand adjacent to property.(E) Any proposed dedications or inlieu of payment for park improvements establishedby a resolution of the council are subject to theapproval of the planning commission.(F) Any deed restrictions or covenantsexisting or proposed shall be drawn on thesite plan and preliminary plat map.(G) SEPA checklist.(H) Critical areas. (Ord. 414 § 1,2009; Ord. 399 § 1, 2008; Ord. 393 § 1, 2007)17.11.040 Referral to other departments,agencies, and offices.(1) Upon receipt of a complete and satisfactorypreliminary plat application, the plat administratorshall distribute copies of the preliminary plat toeach of the following offices, departments, oragencies:(a) Grant County public utility district.(b) Telephone company.(c) Fire department.(d) Grant County health district.(e) Any irrigation district with jurisdiction.(f) Grant County assessor.(g) Cable company.(2) The plat administrator shall further notifythe police department, public works department,and mayor that a preliminary plat has beenreceived.(3) Notice of the filing of a preliminary plat ofa proposed subdivision located in the city andadjoining the municipal boundaries thereof shall begiven to the Grant County planning department.(4) Notice of the filing of a preliminary plat ofa proposed subdivision located adjacent to theright-of-way of a state highway shall be given tothe State Department of Highways.(5) Each office, department, or agency shall filewritten recommendations with the plat administrator.If any such office, department, or agency failsto file a written recommendation within the timerequired, it may be presumed that such office,department, or agency has no recommendation.17-8

ELECTRIC CITY MUNICIPAL CODE 17.11.100(6) If the preliminary plat is found to be unacceptable,a notice of such shall be mailed to thesubdivider as provided in this code.(7) The plat administrator may determine that ameeting shall be held to resolve major issues identifiedas a result of the recommendations of otheroffices, departments, or agencies. Such meetingshall be attended by those offices, departments, oragencies responsible for the recommendations andmust include the applicant and the plat administrator.The proceedings and results of the meetingshall be documented by minutes. (Ord. 393 § 1,2007)17.11.050 Waivers, deviations and deferrals.The subdivider may make application to the platadministrator on forms prescribed by the platadministrator for a waiver, deviation or deferral ofany provision contained in this title in accordancewith Chapter 17.40 ECMC; provided, that therequest is received prior to the preliminary shortplat approval by the plat administrator. (Ord. 400§ 1, 2008; Ord. 393 § 1, 2007)17.11.060 Dedications.In the event that the short plat includes a dedicationof streets, rights-of-way, parks, playgrounds,easements, reservations, irrigation water rights-ofway,or any area to be dedicated to public use, theplat administrator shall forward the instrument ofdedication together with any restrictions of limitationsthereon to the planning commission forapproval. The planning commission shall approvethe instrument of dedication prior to any short platapproval by the plat administrator. (Ord. 393 § 1,2007)17.11.070 Preliminary short subdivisionapplication review procedures.(1) The plat administrator shall, within the timeprovided in Chapter 36.70B RCW, respond to theapplicant in one of the following manners:(a) Preliminary approval is granted as submitted.(b) Preliminary approval is granted withmodifications requested.(c) The proposed subdivision is denied andreasons stated.(d) Preliminary approval is withheld untilplanning commission and/or council approval ofdedications or waiver or deferral requests.(2) The short subdivision preliminary applicationshall require approval of the plat administratorand the city engineer indicated by their dated signaturesthereon to be valid.(3) The decision of the plat administrator shallbe final, unless an appeal by any aggrieved party ismade to the planning commission of the platadministrator’s decision as provided in this code.Said appeal shall be in writing to the planning commissionand submitted through the city clerk. Thecity clerk shall record and date the receipt of thatappeal. The planning commission shall act on thatappeal as provided in this code. The decision of theplanning commission shall be final and conclusiveunless any aggrieved party files with the city clerka written appeal as provided in this code. The councilshall hear that appeal as provided in this codefor land use decision reviews on a closed record.(4) Approval of the preliminary plat shall constituteapproval for the applicant/subdivider todevelop construction plans and specifications forall facilities and improvements and to prepare thefinal plat. (Ord. 393 § 1, 2007)17.11.080 Expiration of preliminary plat.(1) Approval of any preliminary short plat shallexpire and become null and void one year after thedate of preliminary plat approval.(2) The plat administrator may grant one extensionof the preliminary plat approval for a periodnot to exceed one year; provided, that the requestfor an extension is filed at least 30 days before theexpiration of the one-year period from the date ofthe plat’s preliminary approval. (Ord. 393 § 1,2007)17.11.090 Preliminary short subdivisionappeals.Any decision approving or disapproving anypreliminary short plat shall be reviewable as providedin this code. The cost of transcription of allrecords required by any reviewing body or courtfor such review shall be borne by the party seekingreview and no transcripts or records shall be preparedor provided prior to receipt of payment forthem. (Ord. 463 § 1, 2012; Ord. 393 § 1, 2007)17.11.100 Improvements.(1) Following approval of the preliminary platby the plat administrator, the applicant shall filewith the plat administrator, three complete sets ofpreliminary construction plans and specificationsprepared by a professional engineer licensed by thestate of Washington showing all street and utilityimprovements as required by the plat administratorin granting approval of the preliminary plat. All17-9

17.11.110 SHORT SUBDIVISIONSconstruction plans and specifications shall be inconformance with city design standards and thecommunity street and utility standards. Sheet sizeshall be 24 inches by 36 inches and shall have aborder on one inch on the left margin and one-halfinch on the remaining three margins. The scaleshall be five feet vertically unless grades exceed 10percent and 40 feet horizontally.(2) The preliminary construction plans andspecifications shall be forwarded to the city engineerby the plat administrator. The city engineershall approve, conditionally approve, or disapprovethe plans. The subdivider shall submit oneset of permanent reproducible Mylar and three setsof specifications which have been approved for thecity engineer’s signature, records, and use.(3) After the city engineer has approved theconstruction plans and specifications, the subdividershall complete and install all street and utilityimprovements required by the plat administrator ingranting preliminary plat approval prior to filing ofthe final plat. A one-year maintenance bond shallbe required in the amount determined pursuant toECMC 17.11.110(1)(b).(4) The public works department or a licensedprofessional engineer or engineering firm hired bythe city shall be responsible for the inspection of allsubdivision improvements to ensure conformancewith approved plans and specifications.(5) In lieu of completing and installing allrequired street and utility improvements prior tofiling of the final plat with the plat administrator,the subdivider may post a subdivision bond orother approved security in a form satisfactory tothe city attorney. The subdivision bond orapproved security shall be in an amount equal to150 percent of the estimated cost as determined bythe city engineer and approved by the public worksdirector, of such improvements required by the platadministrator in granting approval of the preliminaryplat. In the event that all street and utilityimprovements are not completed within the timelimit specified in the subdivision bond or approvedsecurity, the bond or security may be forfeited andthe city may undertake the installation and completionof all required street and utility improvements.(a) All street and utility improvements listedin the subdivision bond must be installed, completed,and accepted by the city within one year ofapproval of the final plat by the plat administrator.(b) The plat administrator may grant oneextension of the subdivision bond for a period notto exceed one year; provided, that said request foran extension is filed with the plat administrator atleast 60 calendar days prior to the expiration dateof the bond.(c) In the event that a time extension isgranted, a new subdivision bond or other approvedsecurity shall be submitted in an amount sufficientto cover 150 percent of the cost of completing utilityextensions and street improvements. The bondwill be updated with new estimates of cost on alluncompleted improvements and all increased costestimates shall be passed onto the bond. If theseincreased costs are not accepted by the surety, thenthe city shall foreclose on the bond and the plat willbe held in abeyance. Departments issuing recommendationsfor new subdivision bonds or otherapproved security shall not modify the terms andrequirements of the bond or security other than topass on all increased cost estimates as determinedby the city engineer and approved by the publicworks director to the bond or security to cover thecost of completing utility extensions and streetimprovements without the written consent of theapplicant. (Ord. 393 § 1, 2007)17.11.110 Final short subdivision platapplication.(1) General Requirements.(a) The final short subdivision applicationand plat will be filed with the plat administrator onforms provided by the plat administrator.(b) All required street and utility improvementsmust be constructed by the applicant andmust be accepted by the city of Electric City or asubdivision bond or other approved security shallbe submitted in an amount sufficient to cover 150percent of the estimated cost of completing allrequired utility extensions and street improvementsas determined by the city engineer andapproved by the public works director. Upon completionof the required public improvements andprior to acceptance by the council, the subdivider/developermust submit a maintenance bondor alternative security approved by the city attorneyin an amount determined by the city engineerand approved by the public works director. Themaintenance bond amount shall be 100 percent ofthe actual cost of construction. An alternative securityshall be in an amount not less than 10 percentnor more than 100 percent of the actual cost of construction.The amount shall be determined on acase-by-case basis based upon the city engineer’sestimated cost of repair or maintenance shouldrepair or maintenance be required. The subdivider/developershall submit documentation of thecost of construction to the city engineer for his17-10

ELECTRIC CITY MUNICIPAL CODE 17.11.110review and approval and use in determining therequired bond or alternative security amount. Saidbond shall be in effect for one year from the date ofacceptance.(c) The instrument of dedication of allstreets, rights-of-way, parks, playgrounds, easements,reservations, irrigation water rights-of-way,and any area to be dedicated to public use, togetherwith any restrictions or limitations thereon shall besubmitted as a part of the final plat.(d) The application shall be accompanied bythe following:(i) A plat certificate from a title companylicensed to do business in the state of Washingtondated within 30 days of the date of filing of thefinal plat and application with the plat administratorconfirming that the title of the lands asdescribed and shown on the plat is in the name ofthe owners signing the subdivision plat or instrumentof dedication.(ii) A certificate from the Grant Countytreasurer indicating that all taxes and assessmentson the property included in the final plat, subdivision,or dedication have been paid according to theprovisions of RCW 58.08.030 and 58.10.040 asnow enacted or hereafter amended.(iii) A certificate from the city clerk indicatingthat there are no delinquent special assessmentsor liens on the property included in the finalplat, subdivision, or dedication.(iv) A check payable to the city in theamount established by a resolution of the council tocover the cost of checking the final short plat withoutimprovements, together with all contractedstaff review expenses, publication costs and anyconsultant fees incurred to be able to review andprocess the application.(v) All covenants proposed to run withthe land.(e) The final short plat (12 sets of prints plusthe original tracing, AutoCad discs, and a reproducibleMylar copy) shall include all items inECMC 17.11.030(2)(e) and any additional informationand modifications requested in the preliminaryapproval. At the discretion of the platadministrator, the requirement that 12 copies of thefinal plat be submitted may be waived. Processingof the final plat may require fewer than 12 copies.The final plat shall be prepared in a neat andlegible manner in black permanent drawing ink onMylar drafting film. All documents, maps, and surveynotes shall contain the name of the subdivision,the name(s) of the subdivider(s), the name of theregistered land surveyor responsible to the subdivider(s).The trimmed size of the final plat shall be18 inches by 24 inches with a one-and-one-halfinchmargin on the top or left margin and a one-halfinch border on the remaining three margins. Thefinal plat shall be recorded on two or more sheets ifthe scale necessary to accommodate the map onone sheet would unduly congest the drawing.(f) The final short plat subdivision plat shallbe approved or disapproved within the time providedfor in this code. This time period shall bebinding unless extended as provided in this code.(g) No final short subdivision plat may beapproved unless the city makes a written finding offact that the proposed subdivision is in conformancewith any applicable zoning ordinances, orother land use controls which may exist.(h) No final short subdivision plat shall beapproved for any subdivision which lies in wholeor in part in an irrigation district organized pursuantto Chapter 87.03 RCW unless there has beenprovided an irrigation water right-of-way pursuantto RCW 58.17.310 as now enacted or hereafteramended.(2) Specific Requirements.(a) The final plat shall clearly show the followinginformation:(i) The lines and names of all streets orother public ways, parks, playgrounds and easementsintended to be dedicated for public use, orgranted for use of inhabitants of the subdivision.(ii) The lines and names of all existing orplatted streets or other public ways, parks, playgroundsand easements adjacent to the final plat,subdivision, or dedication, including municipalboundaries, township lines, and section lines.(iii) The lengths and bearings of allstraight lines, curve radii, arcs, and semi-tangentsof all curves.(iv) All dimensions along the lines ofeach lot, with the true bearings and also any otherdata necessary for the location of any lot lines inthe field.(v) Suitable primary control points,approved by the city engineer or descriptions andties to such control points, to which all dimensions,angles, bearings, and similar data given on the platshall be referred.(vi) The location of all permanent monuments.(vii) The names of all subdivisionsimmediately adjacent thereto.(viii) The date, true north point, scale,datum plane, and date of survey.17-11

17.11.110 SHORT SUBDIVISIONS(ix) The boundary of the tract, thecourses and distances marked thereon, as determinedby a field survey made by a registered andqualified land surveyor of the state and to closewith an allowable error not to exceed one foot in5,000 feet and not to exceed one foot in 10,000 feetin the central business district.(x) The elevations of all permanent monumentsbased on a datum plane approved by thecity engineer.(xi) A vicinity sketch map of not morethan 400 feet to the inch, except that the city engineer,subject to a request prior to plat submittal,may approve an alternative vicinity map scaleexceeding 400 feet to the inch.(xii) Street names.(xiii) Certification by registered landsurveyor of accuracy of plat and survey.(xiv) Statement by owner dedicatingstreets, rights-of-way, and any sites for public use.(xv) Location and dimensions of all irrigationwater rights-of-way.(xvi) Provide legal description of the platboundaries.(b) All linear dimensions shall be given infeet and decimals of a foot to the nearest hundredth.(c) The scale of the final plat shall not bemore than 100 feet to the inch, except that the cityengineer, subject to a request prior to plat submittal,may approve an alternative plat map scale notto exceed 100 feet to the inch.(d) If the plat constitutes a replat, the lots,blocks, streets, etc., of the original plat shall beshown by dotted lines in their proper positions inrelation to the new arrangement of the plat, the newplat being so clearly shown in solid lines as toavoid ambiguity.(e) The final plat shall be accompanied byimprovement plans and specifications includingutilities, streets, grades, and appurtenances as providedfor in ECMC 17.11.100, improvements.(f) The subdivider’s land surveyor shall setall required monuments and shall stake all lot cornersas shown on the final plat before the plat issubmitted for final approval.(g) The final plat shall contain the legaldescription of the subdivision and the followingdedication, acknowledgment, and endorsementstatements shall appear in the following sequencein black permanent ink either by hand or mechanicaldevice:DedicationThe owner of the land described herein feesimple is ________________. The ownerdeclares this plat and dedicates to the publicforever, all streets, roads, alleys, easementsor whatever public property there isshown thereon for any and all public purposesnot inconsistent with the usesshown on this plat.____________________________Dated____________________________SignedAcknowledgmentState of WashingtonCounty of GrantI certify that I know or have satisfactory evidencethat ________________________signed this instrument and acknowledgedit to be his/her and voluntary act for theuses and purposes mentioned in the instrument.____________________________Dated____________________________Notary Public____________________________Print or Type Name of Notary PublicMy appointment expires____________________________Surveyor’s Certification and DeclarationI hereby certify that this plat is a true andcorrect representation of the lands actuallysurveyed.I hereby declare that the plat of_________________________________is based on actual survey and subdivisionof a portion of Section ____ Township____ North, Range ____ East, W.M., thatthe distances and courses and angles are17-12

ELECTRIC CITY MUNICIPAL CODE 17.11.120shown thereon correctly to the best of myknowledge, information, and belief; andthat proper monuments have been set andlot corners are staked on the ground.____________________________Licensed Land SurveyorEXAMINED AND APPROVED BY THEELECTRIC CITY CITY ENGINEER____________________________City EngineerEXAMINED AND APPROVED BY THEELECTRIC CITY MAYOR ON ______,20_______________________________MayorThis is to certify that all taxes and assessmentswhich are now due and payable accordingto the records of Grant Countyhave been fully paid.____________________________Treasurer____________________________DateFiled for record at the request of the City ofElectric City this ____ day of______________, 20__, at ___ __m., andrecorded in Volume____ of Plats, on Page________, records of Grant County,Washington.____________________________Grant County Auditor____________________________Deputy County Auditor(h) Submit all lot, block, and boundary closuresto the city engineer with the final plat submittal.(Ord. 414 § 1, 2009; Ord. 399 § 1, 2008; Ord.393 § 1, 2007)17.11.120 Final plat review procedure.(1) Upon receipt of the final subdivision applicationand plat, the plat administrator shall distributecopies to all offices, departments, and agenciesreceiving the preliminary plat. Each office, department,or agency shall file written recommendationswith the plat administrator. If any such office,department, or agency fails to file a written recommendationwithin the time required, it may be presumedthat such office, department, or agency hasno recommendation.All offices, departments, and agencies issuingrecommendations for final plat approval shall notmodify the terms of preliminary plat recommendationswithout consent of the subdivider.(2) The city engineer shall review the final platand submit to the plat administrator a written reportwith respect to the following conditions:(a) That the proposed final plat bears therequired certificates and statements of approval.(b) That a title report furnished by the subdividerconfirms the title of the land and the proposedsubdivision is vested in the name of the ownerwhose signature appears on the plat certificate.(c) That the facilities and improvementsrequired to be provided by the subdivider havebeen completed or alternatively that the subdividerhas submitted with the proposed final plat a performancebond or other security in conformance withECMC 17.11.100.(d) That the plat is technically correct ascertified by the land surveyor responsible for theplat.(3) The Grant County health district or otheragency furnishing sewage disposal and supplyingwater shall review the final plat and submit to theplat administrator a written report recommendingapproval or disapproval of the final plat as to theadequacy of the proposed means of sewage disposaland water supply.(4) The appropriate irrigation district serving orfrom which the real property is entitled to be servedwith irrigation water shall review the final plat andsubmit to the plat administrator a written reportrecommending approval or disapproval of the finalplat as to the adequacy of the proposed means ofthe delivery of irrigation district entitlement waterand as to the adequacy of the proposed means ofremoval of irrigation waste water.(5) Final Plat Approval.(a) The plat administrator shall, within thetime provided by this code from the date of filingof the final subdivision application and plat,approve or disapprove the final plat, unless thattime is extended as provided in this code.(b) If the plat administrator finds that thesubdivision proposed for final plat approval conformsto all terms of the preliminary plat approval,17-13

17.11.130 SHORT SUBDIVISIONSthe requirements of Chapter 58.17 RCW, otherapplicable state laws, and any other requirements,the plat administrator shall approve the final plat.(c) The decision of the plat administratorshall be final, unless an appeal by any aggrievedparty is made to the planning commission as providedin this code for the review of land use decisions.(d) Any final plat approval for a plat providingfor the installation of streetlights shall be contingentupon the creation of a streetlight utilitylocal improvement district (ULID) coexistent withthe boundaries of the plat acceptable to the city topay the costs of operation and maintenance of suchstreetlights. (Ord. 393 § 1, 2007)17.11.130 Final plat fees.Upon approval of the final short plat by the platadministrator, the subdivider shall remit the followingfees prior to the plat being officially signedand recorded with the county auditor:(1) A check payable to the Grant County auditorsufficient to cover the recording fee.(2) When applicable, voluntary payment in lieuof a dedication of land or to mitigate a direct impactthat has been identified as a consequence of a proposedsubdivision as allowed by and pursuant toRCW 82.02.020.(3) When applicable, a certificate from theGrant County auditor certifying that covenants tothe property title have been recorded and filed shallaccompany final plat fees.(4) Any applicable fees to the State Departmentof Health (DOH) and Department of Ecology(DOE).(5) The applicant shall be responsible to reimbursethe city for administrative costs incurred bythe city to review, process and approve, modify ordisapprove the plat submitted. The applicant shallbe responsible for all engineering, legal and otherconsulting fees and costs incurred by the city to theextent said fees and costs exceed the applicationfees, and the applicant shall be advised of thosecosts by the city clerk. The applicant shall pay suchfees as billed by the city clerk. A failure to paywithin 30 days any such fee billed by the city clerkshall result in a suspension of the processing of theplat on the basis that such failure to pay evidencesan abandonment of the plat application. The applicantshall pay such costs in full before the final platis recorded by the city. (Ord. 393 § 1, 2007)17.11.140 Filing final plat.(1) Upon receipt of all required final plat feesthe plat shall be signed by the following officials:(a) City engineer.(b) Mayor.(2) The plat administrator shall transmit theoriginal Mylar plat to the county auditor for finalfiling. One reproducible copy shall be forwardedwith the original to be confirmed and returned tothe city engineer for the city engineer’s record. Onepaper copy shall be filed with the county assessor.(Ord. 393 § 1, 2007)17.11.150 Vested rights.A subdivision shall be governed by the terms ofapproval of the final plat and the statutes, ordinances,and regulations in effect at the time ofapproval pursuant to RCW 58.17.150(1) and (3)for a period of five years after final plat approvalunless the council finds that a change in conditionscreates a serious threat to the public health or safetyin the subdivision. Any lots in a final plat filed forrecord shall be a valid land use notwithstandingany change in zoning laws for a period of five yearsfrom the date of filing. In the event the developerhas elected to proceed to post a bond or other securityapproved by the city attorney in lieu of completionof plat improvements in order to obtain finalplat approval, building permits may issue for buildingswithin the plat, but no certificates of occupancywill issue until all plat improvements areconstructed, approved and a maintenance bondposted for those improvements. (Ord. 393 § 1,2007)17.11.160 Final short subdivision appeals.Any decision approving or disapproving anyfinal short plat shall be reviewable as provided inthis code. The cost of transcription of all recordsrequired by any reviewing body or court for suchreview shall be borne by the party seeking reviewand no transcripts or records shall be prepared orprovided prior to receipt of payment for them.(Ord. 463 § 1, 2012)17-14

ELECTRIC CITY MUNICIPAL CODE 17.17.030Chapter 17.17MAJOR SUBDIVISIONSSections:17.17.010 Purpose.17.17.020 Scope.17.17.030 Preliminary plat conditions andrequirements.17.17.040 Referral to other departments,agencies, and offices.17.17.050 Waivers, deviations and deferrals.17.17.060 Planning commission open recordpublic hearing.17.17.070 Notice of public hearing.17.17.080 Planning commission action.17.17.090 City council action.17.17.100 Expiration of preliminary plat.17.17.110 Preliminary major subdivisionappeals.17.17.120 Improvements.17.17.130 Final major subdivision platapplication.17.17.140 Final plat review procedure.17.17.150 Final plat fees.17.17.160 Filing final plat.17.17.170 Vested rights.17.17.180 Final major subdivision appeals.17.17.010 Purpose.The procedures regulating major subdivisionsare established to provide for the orderly and efficientdivision of land within the city; to promotethe public health, safety, and general welfare, andto substantially comply with the provisions ofChapter 58.17 RCW. (Ord. 393 § 1, 2007)17.17.020 Scope.The division or redivision of land into nine ormore lots, tracts, parcels, sites, or divisions and/orthe division or redivision of land into lots, tracts,parcels, sites, or divisions exceeding four acres intotal land area for the purpose of sale, lease, ortransfer of ownership. Any land which has beendivided under the short subdivision procedureswithin five years. All shall be within the scope ofthis chapter. (Ord. 399 § 1, 2008; Ord. 393 § 1,2007)17.17.030 Preliminary plat conditions andrequirements.(1) General Conditions and Requirements.(a) The subdivision shall make adequateprovision for roads, streets, curbs, gutters, sidewalks,street lighting circuits, alleys, the extensionof municipal utilities (sewer and water), irrigationwater rights-of-way, drainageways, other publicways, public access, or any municipal improvementsas deemed necessary in conformance withcommunity street and utility standards and citydesign standards in effect at the time of platapproval.(b) The subdivision shall front on an existingstreet. There shall be adequate access to all parcels.Streets shall be improved to city standards.Street lighting shall be provided.(c) The subdivision shall comply with allzoning and health regulations.(d) The subdivision shall be generally consistentwith the city’s comprehensive plan.(e) The subdivision shall provide for irrigationwater rights-of-way pursuant to RCW58.17.310 as now enacted or hereafter amended.(f) A street lighting plan as may be requiredby the city engineer must be provided. The planmust be approved by the Grant County public utilitydistrict and include certification that arrangementsacceptable to the city and the Grant Countypublic utility district have been made for the paymentof required fees through the creation of astreetlight utility local improvement district(ULID).A petition to form a streetlight utility localimprovement district (ULID) coexistent with theboundaries of the plat as provided by state law shallaccompany such approved plan. Such petition shallbe in a form acceptable to the city and shall providefor the payment by properties located within theplat of the ongoing costs of the streetlights installedwithin the plat.(g) Environmental information shall be preparedand submitted in accordance with the guidelinesestablished under the State EnvironmentalPolicy Act of 1971, as amended. Said informationis a part of and must accompany the preliminaryplat application.(h) Unless an applicant for a preliminaryplat approval requests otherwise, and the platadministrator agrees, a preliminary plat shall beprocessed simultaneously with the application forrezones, waivers, deferrals, planned unit developments,site plan approvals, and similar quasi-judicialor administrative actions to the extent thatprocedure requirements applicable to these actionspermit simultaneous processing.(i) Every decision or recommendation madeunder this chapter by the council, hearing examineror planning commission shall be in writing and17-15

17.17.030 MAJOR SUBDIVISIONSshall include findings of fact and conclusions tosupport the decision or recommendation.(j) Preliminary plats of any proposed subdivisionand dedication shall be approved, disapprovedor returned to the applicant for modificationwithin the time provided under Chapter 36.70BRCW.(k) A plat certificate from a title companylicensed to do business in the state of Washingtondated within 30 days of the date of filing of thefinal plat and application with the plat administratorconfirming that the title of the lands asdescribed and shown on the plat is in the name ofthe owners signing the subdivision plat or instrumentof dedication.(l) A certificate of occupancy shall not beissued until the final major plat has been recordedwith the Grant County auditor.(2) Specific Conditions and Requirements.(a) Prior to submission of a major subdivisionpreliminary application and preliminary plat,the subdivider or the subdivider’s representativeshall schedule a preapplication conference with theplat administrator and representatives of otheraffected city departments. The subdivider shallpresent a conceptual idea of the plat. The platadministrator and representatives of affected citydepartments will respond informally and addresspotential items of concern or clarification to aid thesubdivider in preparing the major subdivision preliminaryapplication and preliminary plat.(b) The preliminary major subdivisionapplication and plat shall be filed with the platadministrator on forms prescribed by the publicworks department. Said application shall beaccompanied by 12 copies of the preliminary plat.(c) The preliminary plat shall be a neat andaccurate drawing, stamped and signed by a registeredprofessional land surveyor licensed by thestate of Washington on reproducible material at adecimal scale. The plat map shall measure 18inches by 24 inches. The preliminary plat shall bedrawn in black permanent ink on two or moresheets if the scale necessary to accommodate themap on one sheet would unduly congest the drawing.(d) A nonrefundable fee established by aresolution of the council shall accompany each andevery application for a preliminary major subdivision.(e) The subdivider shall submit a list of thenames and addresses of all owners of record ofproperty within 300 feet of the external boundariesof the proposed subdivision. In addition, the subdividershall submit a list of the names and addressesof all owners of record of real property within 300feet of real property which lies adjacent to theexternal boundaries of the proposed subdivisionand is owned by the subdivider.(f) The preliminary plat shall contain thefollowing:(i) Name of proposed subdivision.(ii) Boundaries of proposed subdivisionestablished by the preliminary survey.(iii) Location and dimension of all existingand proposed streets, alleys, utilities, andrights-of-way and/or easements on and adjacent tothe proposed subdivision.(iv) Location and dimensions of allexisting and proposed irrigation water rights-ofwayon and adjacent to the proposed subdivision.(v) Legal description of land within theproposed subdivision.(vi) Any proposed land dedications.(vii) Name, address, and seal of the registeredland surveyor who made the preliminarysurvey.(viii) The date of the preliminary survey.(ix) Horizontal scale of the proposed platshall be no more than 100 feet to the inch.(x) Monuments found and establishedduring the preliminary survey.(xi) Date map is prepared, scale, andnorth point of the map. Approximate proposed lotlines with their dimensions, including lot numbersand block numbers.(xii) If any of the parcels can be furtherdivided or if only a portion of a tract is beingdivided, location of future streets, alleys, and lotlines shall be shown by dotted lines.(xiii) A vicinity map at a scale of notmore than 400 feet to the inch, except that the cityengineer, subject to a request prior to plat submittal,may approve an alternative vicinity map scaleexceeding 400 feet to the inch. The vicinity mapshall show all adjacent parcels. It shall show howthe streets and alleys in the proposed subdivisionmay connect with existing and proposed streets andalleys in neighboring subdivisions or unplattedproperty to produce an advantageous developmentof the entire neighborhood.(xiv) Provide recommended streetnames for approval.(xv) United States Bureau of Reclamationhorizontal and vertical data including benchmarks.(xvi) A site plan on a separate sheetshowing the following information:17-16

ELECTRIC CITY MUNICIPAL CODE 17.17.070(A) Location and sizing of existingand proposed utilities including water, sewer,storm drains, electricity, street lighting, and gas,telephone, cablevision lines, and curb and sidewalk.Minimum size and scale shall be the same asthe preliminary plat map.(B) Existing and proposed structuresand natural features and all proposed improvementswithin and adjoining the proposed subdivision.(C) Topography of the area with amaximum of two-foot intervals of contours asrequired by the city engineer.(D) Present zoning classification onand adjacent to property.(E) Any proposed dedications or inlieu of payment for park land established by a resolutionof the council subject to the approval of theplanning commission.(F) Name(s) of owner(s) of the proposedsubdivision.(G) SEPA checklist.(H) Critical areas.(xvii) Any deed restrictions or covenantsexisting or proposed shall be drawn on the site planand preliminary plat map. (Ord. 414 § 1, 2009;Ord. 399 § 1, 2008; Ord. 393 § 1, 2007)17.17.040 Referral to other departments,agencies, and offices.(1) Upon receipt of a complete and satisfactorypreliminary plat application, the plat administratorshall distribute copies of the preliminary plat toeach of the following offices, departments, oragencies:(a) Grant County public utility district.(b) Telephone company.(c) Fire district.(d) Grant County health district.(e) Any irrigation district with jurisdiction.(f) Grant County assessor.(g) Cable company.(2) The plat administrator shall further notifythe police department, public works department,and mayor that a preliminary plat has beenreceived.(3) Notice of the filing of a preliminary plat ofa proposed subdivision located in the city andadjoining the municipal boundaries thereof shall begiven to the Grant County planning department.(4) Notice of the filing of a preliminary plat ofa proposed subdivision located adjacent to theright-of-way of a state highway shall be given tothe State Department of Highways.(5) Each office, department, or agency shall filewritten recommendations with the plat administrator.If any such office, department, or agency failsto file a written recommendation within the timerequired, it may be presumed that such office,department, or agency has no recommendation.(6) If the preliminary plat is found to be unacceptable,a notice of such shall be mailed to thesubdivider as provided in this code.(7) The plat administrator may determine that ameeting shall be held to resolve major issues identifiedas a result of the recommendations of otheroffices, departments, or agencies. Such meetingshall be attended by those offices, departments, oragencies responsible for the recommendations andmust include the applicant and the plat administrator.The proceedings and results of the meetingshall be documented by minutes. (Ord. 393 § 1,2007)17.17.050 Waivers, deviations and deferrals.The subdivider may make application to theplanning commission on forms prescribed by thecity for a waiver, deviation or deferral of any provisioncontained in this title in accordance withChapter 17.40 ECMC; provided, that the request isreceived concurrently with the proposed subdivisionor dedication. Such application shall includeany and all details necessary to support the application.All waiver, deferral or deviation requestsmust be forwarded to the council for approval withthe preliminary plat and the planning commission’srecommendation. (Ord. 400 § 1, 2008; Ord.393 § 1, 2007)17.17.060 Planning commission open recordpublic hearing.When the plat administrator determines that thecompleted subdivision application and preliminaryplat is acceptable, the plat administrator shall set adate for a public hearing before the planning commission.The planning commission shall conductan open record hearing on the preliminary plat asprovided in this code. (Ord. 393 § 1, 2007)17.17.070 Notice of public hearing.The plat administrator shall give notice of thetime, location, and purpose of the public hearing asprovided in this code.Notice shall be sent to the Grant County planningdepartment and to the State Department ofHighways respectively if the subdivision is adjacentto municipal boundaries or if the subdivisionis adjacent to a state highway. (Ord. 393 § 1, 2007)17-17

17.17.080 MAJOR SUBDIVISIONS17.17.080 Planning commission action.(1) The plat administrator shall transmit theapplication, the plat, respective comments and recommendationsfrom other offices and agencies,comments and recommendations from city departmentsto the planning commission prior to thehearing.(2) The planning commission shall conduct theopen record hearing and shall review the preliminaryplat, municipal recommendations, testimony,and exhibits submitted at the hearing and makefindings, conclusions and a recommendationthereon to the council to assure conformance of theproposed subdivision with the comprehensiveplan, zoning ordinance, community street and utilitystandards, and city design standards. The planningcommission shall recommend approval,conditional approval, or disapproval of the preliminaryplat. (Ord. 393 § 1, 2007)17.17.090 City council action.(1) If an appeal is taken from the decision of theplanning commission, the council shall set a datefor a closed record hearing to consider the appealas provided in this code.(2) If no appeal is taken from the decision of theplanning commission, the council shall haveapproval of the preliminary plat placed on its consentagenda and such preliminary plat shall beapproved at its next meeting without comment ordebate.(3) Council approval of the preliminary platshall constitute approval for the applicant/subdividerto develop construction plans and specificationsfor all facilities and improvements and toprepare the final plat. (Ord. 393 § 1, 2007)17.17.100 Expiration of preliminary plat.(1) Approval of any preliminary major platshall expire and become null and void three yearsafter the date of preliminary plat approval.(2) The planning commission may grant oneextension of the preliminary plat approval for aperiod not to exceed one year; provided, that therequest for an extension is filed at least 30 calendardays before the expiration of the three-year periodand upon showing that the applicant has attemptedin good faith to submit the final plat within thethree-year period. (Ord. 393 § 1, 2007)17.17.110 Preliminary major subdivisionappeals.Any decision approving or disapproving anypreliminary major subdivision plat shall be reviewableas provided in this code for the review of landuse decisions. The cost of transcription of allrecords required for such a review or appealrequired by any body or court shall be borne by theparty seeking review and no transcripts or recordsshall be prepared or provided prior to receipt ofpayment for them. (Ord. 463 § 1, 2012; Ord. 393§ 1, 2007)17.17.120 Improvements.(1) Following approval of the preliminary platby the council, the applicant shall file with the platadministrator three complete sets of preliminaryconstruction plans and specifications prepared by aprofessional engineer licensed by the state ofWashington showing all street and utility improvementsas required by the council in grantingapproval of the preliminary plat. The constructionplans and specifications shall be accompanied by aminimum plan check fee as per the rate scheduleestablished by the city engineer. All constructionplans and specifications shall be in conformancewith city design standards and the communitystreet and utility standards. Sheet size shall be 24inches by 36 inches and shall have a border of oneinch on the left margin and one-half inch on theremaining three margins. The scale shall be fivefeet vertically and 40 feet horizontally.(2) The preliminary construction plans andspecification shall be forwarded to the city engineerby the plat administrator. The city engineershall approve, conditionally approve, or disapprovethe plans. The subdivider shall submit oneset of permanent reproducible Mylar and three setsof specifications which have been approved for thecity engineer’s signature, records, and use.(3) After the city engineer has approved theconstruction plans and specifications, the subdividershall complete and install all street and utilityimprovements required by the council in grantingpreliminary plat approval prior to filing of the finalplat. A one-year maintenance bond shall berequired in the amount determined pursuant toECMC 17.17.130(1)(b).(4) The public works department or a licensedprofessional engineer or engineering firm hired bythe city shall be responsible for the inspection of allsubdivision improvements to ensure conformancewith the approved plans and specifications.(5) In lieu of completing and installing allrequired street and utility improvements prior tofiling of the final plat with the plat administrator,the subdivider may post a subdivision bond orother approved security in a form satisfactory to17-18

ELECTRIC CITY MUNICIPAL CODE 17.17.130the city attorney. The subdivision bond orapproved security shall be in an amount equal to150 percent of the estimated cost as determined bythe city engineer, of such improvements requiredby the council in granting approval of the preliminaryplat. In the event that all street and utilityimprovements are not completed within the timelimit specified in the subdivision bond or approvedsecurity, the bond or security may be forfeited andthe city may undertake the installation and completionof all required street and utility improvements.(a) All street and utility improvements listedin the subdivision bond must be installed, completedand accepted by the city within two years ofcouncil approval of the final plat.(b) The planning commission may grant oneextension of the subdivision bond or security for aperiod not to exceed two years; provided, that therequest for an extension is filed with the platadministrator at least 60 days prior to the expirationdate of the bond or security.(c) In the event that time extension isgranted, a new subdivision bond or other approvedsecurity shall be submitted in an amount sufficientto cover 150 percent of the cost of completing utilityextensions and street improvements. The bondwill be updated with new estimates of cost on alluncompleted improvements and all increased costestimates shall be passed onto the bond. If theseincreased costs are not accepted by the surety, thenthe city shall foreclose on the bond and the plat willbe held in abeyance. Departments issuing recommendationsfor new subdivision bonds or otherapproved security shall not modify the terms andrequirements of the bond or security other than topass on all increased cost estimates as determinedby the city engineer to the bond or security to coverthe cost of completing utility extensions and streetimprovements without the written consent of theapplicant. (Ord. 463 § 1, 2012; Ord. 393 § 1, 2007)17.17.130 Final major subdivision platapplication.(1) General Requirements.(a) The final major subdivision applicationand plat will be filed with the plat administrator onforms provided by the plat administrator.(b) All required street and utility improvementsmust be constructed by the applicant andmust be accepted by the city or a subdivision bondor other approved security shall be submitted in anamount sufficient to cover 150 percent of the estimatedcost of completing all required utility extensionsand street improvements as determined bythe city engineer and approved by the public worksdirector. Upon completion of the requiredimprovements and prior to acceptance by the council,the subdivider/developer must submit a maintenancebond or alternative security approved bythe city attorney in an amount determined by thecity engineer and approved by the public worksdirector. The maintenance bond amount shall be100 percent of the actual cost of construction. Analternative security shall be in an amount not lessthan 10 percent nor more than 100 percent of theactual cost of construction. The amount shall bedetermined on a case-by-case basis based upon thecity engineer’s estimated cost of repair or maintenanceshould repair or maintenance be required.The subdivider/developer shall submit documentationof the cost of construction to the city engineerfor his review and approval and use in determiningthe required bond or alternative security amount.Said bond shall be in effect for one year from thedate of acceptance.(c) Required dedication of all streets, rightsof-way,parks, playgrounds, easements, reservations,irrigation water rights-of-way, and any areato be dedicated to public use, together with anyrestrictions or limitations thereon shall be submittedas a part of the final plat.(d) The application shall be accompanied bythe following:(i) A plat certificate from a title companylicensed to do business in the state of Washingtondated within 30 days of the date of filing of thefinal plat and application with the plat administratorconfirming that the title of the lands asdescribed and shown on the plat is in the name ofthe owners signing the subdivision plat or instrumentof dedication.(ii) A certificate from the Grant Countytreasurer indicating that all taxes and assessmentson the property included in the final plat, subdivision,or dedication have been paid according to theprovisions of RCW 58.08.030 and 58.10.040 asnow enacted or hereafter amended.(iii) A certificate from the city clerk indicatingthat there are no delinquent special assessmentsor liens on the property included in the finalplat, subdivision, or dedication.(iv) A check payable to the city in theamount established by a resolution of the council tocover the cost of checking the final plat, togetherwith all contracted staff review expenses, publicationcosts and any consultant fees incurred to beable to review and process the application.17-19

17.17.130 MAJOR SUBDIVISIONS(v) All covenants proposed to run withthe land.(e) The final plat (12 sets of prints plus theoriginal tracing, AutoCad discs, and a reproducibleMylar copy) shall include all items in subsection(2) of this section and any additional informationand modifications requested in the preliminaryapproval. The final plat shall be prepared in a neatand legible manner in black permanent drawing inkon high-grade tracing cloth or drafting film. Alldocuments, maps, and survey notes shall containthe name of the subdivision, the name(s) of thesubdivider(s), and the name of the registered landsurveyor responsible to the subdivider(s). Thetrimmed size of the final plat shall be 18 inches by24 inches with a one-and-one-half-inch margin onthe top or left margin and a one-half-inch border onthe remaining three margins. The final plat shall berecorded on two or more sheets if the scale necessaryto accommodate the map on one sheet wouldunduly congest the drawing.(f) The final major subdivision plat shall beapproved or disapproved within the time providedin this code from the date of filing of the final platwith the plat administrator. This time period shallbe binding unless extended as provided in thiscode.(g) No final major subdivision plat may beapproved unless the city makes a written finding offact that the proposed subdivision is in conformancewith any applicable zoning ordinances, orother land use controls which may exist.(h) No final major plat shall be approved forany subdivision which lies in whole or in part in anirrigation district organized pursuant to Chapter87.03 RCW unless there has been provided an irrigationwater right-of-way pursuant to RCW58.17.310, 58.17.060 and 58.17.110 as nowenacted or hereafter amended.(2) Specific Requirements.(a) The final plat shall clearly show the followinginformation:(i) The lines and names of all streets orother public ways, parks, playgrounds and easementsintended to be dedicated for public use, orgranted for use of inhabitants of the subdivision.(ii) The lines and names of all existing orplatted streets or other public ways, parks, playgroundsand easements adjacent to the final plat,subdivision, or dedication, including municipalboundaries, township lines, and section lines.(iii) The lengths and bearings of allstraight lines, curve radii, arcs, and semi-tangentsof all curves.(iv) All dimensions along the lines ofeach lot, with the true bearings and also any otherdata necessary for the location of any lot lines inthe field.(v) Suitable primary control points,approved by the city engineer or descriptions andties to such control points, to which all dimensions,angles, bearings, and similar data given on the platshall be referred.(vi) The location of all permanent monuments.(vii) The names of all subdivisionsimmediately adjacent thereto.(viii) The date, true north point, scale,datum plane, and date of survey.(ix) The boundary of the tract, thecourses and distances marked thereon, as determinedby a field survey made by a registered andqualified land surveyor of the state and to closewith an allowable error not to exceed one foot in5,000 feet and not to exceed one foot in 10,000 feetin the central business district.(x) The elevations of all permanent monumentsbased on a datum plane approved by thecity engineer.(xi) A vicinity sketch map of not morethan 400 feet to the inch, except that the city engineer,subject to a request prior to plat submittal,may approve an alternative vicinity map scaleexceeding 400 feet to the inch.(xii) Street names.(xiii) Certification by registered landsurveyor of accuracy of plat and survey.(xiv) Statement by owner dedicatingstreets, rights-of-way, and any other sites for publicuse.(xv) Location and dimensions of all irrigationwater rights-of-way.(xvi) Provide legal description of the platboundaries.(xvii) Provide block and lot locationsincluding dimensions and number designations.(b) All linear dimensions shall be given infeet and decimals of a foot to the nearest hundredth.(c) The scale of the final plat shall be notmore than 100 feet to the inch, except that the cityengineer, subject to a request prior to plat submittal,may approve an alternative plat map scale notto exceed 100 feet to the inch.(d) If the plat constitutes a replat, the lots,blocks, streets, etc., of the original plat shall beshown by dotted lines in their proper positions inrelation to the new arrangement of the plat, the new17-20

ELECTRIC CITY MUNICIPAL CODE 17.17.150plat being so clearly shown in solid lines as toavoid ambiguity.(e) The final plat shall be accompanied byimprovement plans and specifications includingutilities, streets, grades, and appurtenances as providedfor in ECMC 17.17.120, Improvements.(f) The subdivider’s land surveyor shall setall required monuments and shall stake all lot cornersas shown on the final plat before the plat issubmitted for final approval.(g) The final plat shall contain the legaldescription of the subdivision and the followingdedication, acknowledgment, and endorsementstatements shall appear in the following sequencein black permanent ink either by hand or mechanicaldevice. (Ord. 414 § 1, 2009; Ord. 399 § 1,2008; Ord. 393 § 1, 2007)17.17.140 Final plat review procedure.(1) Upon receipt of the final subdivision applicationand plat, the plat administrator shall distributecopies to all offices, departments, and agenciesreceiving the preliminary plat. Each office, department,or agency shall file written recommendationswith the plat administrator. If any such office,department, or agency fails to file a recommendationwithin the time required, it may be presumedthat such office, department, or agency has no recommendationsfor final plat approval and shall notmodify the terms of preliminary plat recommendationswithout the written consent of the subdivider.(2) The city engineer shall review the final platand submit to the plat administrator a written reportwith respect to the following conditions:(a) That the proposed final plat bears therequired certificates and statements of approval.(b) That a title report furnished by the subdividerconfirms the title of the land and the proposedsubdivision is vested in the name of the ownerwhose signature appears on the plat certificate.(c) That the facilities and improvementsrequired to be provided by the subdivider havebeen completed or alternatively that the subdividerhas submitted with the proposed final plat a performancebond or other security in conformance withECMC 17.17.130(1)(b).(d) That the plat is technically correct ascertified by the land surveyor responsible for theplat.(3) The Grant County health district or otheragency furnishing sewage disposal and supplyingwater shall review the final plat and submit to theplat administrator a written report recommendingapproval or disapproval of the final plat as to theadequacy of the proposed means of sewage disposaland water supply.(4) The appropriate irrigation district serving orfrom which the real property is entitled to be servedwith irrigation water shall review the final plat andsubmit to the plat administrator a written reportrecommending approval or disapproval of the finalplat as to the adequacy of the proposed means ofthe delivery of irrigation district entitlement waterand as to the adequacy of the proposed means ofremoval of irrigation waste water.(5) The planning commission shall review thefinal plat as to compliance with all terms of the preliminaryapproval of the proposed plat subdivisionor dedication and shall recommend approval or disapprovalof the proposed plat to the city council.(6) Council Action.(a) If an appeal is taken from the decision ofthe planning commission, the council shall set adate for a closed record hearing to consider theappeal as provided in this code.(b) If no appeal is taken from the decision ofthe planning commission, the council shall haveapproval of the final plat placed on its consentagenda and such final plat shall be approved at itsnext meeting without comment or debate.(c) Council approval of the final plat shallconstitute approval for the applicant/subdivider todevelop construction plans and specifications forall facilities and improvements and to prepare thefinal plat. (Ord. 463 § 1, 2012; Ord. 399 § 1, 2008;Ord. 393 § 1, 2007)17.17.150 Final plat fees.Upon council approval of the final plat, the subdividershall remit the following fees prior to theplat being officially signed and recorded with theGrant County auditor:(1) A check payable to the Grant County auditorsufficient to cover the recording fee.(2) When applicable, voluntary payment in lieuof a dedication of land or to mitigate a direct impactthat has been identified as a consequence of a proposedsubdivision as allowed by and pursuant toRCW 82.02.020.(3) When applicable, a certificate from theGrant County auditor certifying that covenants tothe property title have been recorded and filed shallaccompany final plat fees.(4) The applicant shall be responsible to reimbursethe city for administrative costs incurred bythe city to review, process and approve, modify ordisapprove the plat submitted. The applicant shallbe responsible for all engineering, legal and other17-21

17.17.160 MAJOR SUBDIVISIONSconsulting fees and costs incurred by the city to theextent said fees and costs exceed the applicationfees, and the applicant shall be advised of thosecosts by the city clerk. The applicant shall pay suchfees as billed by the city clerk. A failure to paywithin 30 days any such fee billed by the city clerkshall result in a suspension of the processing of theplat on the basis that such failure to pay evidencesan abandonment of the plat application. The applicantshall pay such costs in full before the final platis recorded by the city. (Ord. 393 § 1, 2007)17.17.180 Final major subdivision appeals.Any decision approving or disapproving anyfinal major subdivision plat shall be reviewable asprovided in this code for the review of land usedecisions. The cost of transcription of all recordsrequired for such a review or appeal required byany body or court shall be borne by the party seekingreview and no transcripts or records shall beprepared or provided prior to receipt of paymentfor them. (Ord. 463 § 1, 2012)17.17.160 Filing final plat.(1) Upon receipt of all required final plat feesthe plat shall be signed by the following officials:(a) City engineer.(b) Mayor.(2) The plat administrator shall transmit theoriginal Mylar plat to the county auditor for finalfiling. One reproducible copy shall be forwardedwith the original to be confirmed and returned tothe city engineer for his records. One paper copyshall be filed with the county assessor. (Ord. 393§ 1, 2007)17.17.170 Vested rights.A subdivision shall be governed by the terms ofapproval of the final plat, and the statutes, ordinances,and regulations in effect at the time ofapproval pursuant to RCW 58.17.150(1) and (3)for a period of five years after final plat approvalunless the council finds that a change in conditionscreates a serious threat to the public health or safetyin the subdivision. Any lots in a final plat filed forrecord shall be a valid land use notwithstandingany change in zoning laws for a period of five yearsfrom the date of filing. In the event the developerhas elected to proceed to post a bond or other securityapproved by the city attorney in lieu of completionof plat improvements in order to obtain finalplat approval, building permits may issue for buildingswithin the plat, but no certificates of occupancywill issue until all plat improvements areconstructed, approved and a maintenance bondposted for those improvements. (Ord. 393 § 1,2007)17-22

ELECTRIC CITY MUNICIPAL CODE 17.26.020Chapter 17.26BINDING SITE PLANSections:17.26.010 Purpose.17.26.020 Binding site plan conditions andrequirements.17.26.025 Preliminary nonbinding advisoryreview.17.26.030 Referral to other departments,agencies, and offices.17.26.040 Final filing fees.17.26.050 Final filing.17.26.060 Certificate of segregation – Buildingpermit.17.26.070 Vested rights.17.26.080 Appeals.17.26.010 Purpose.The procedures regulating binding site plans areestablished to provide an alternative procedure forthe orderly and efficient division of platted landinto parcels for the purpose of lease or sale forindustrial or commercial uses of the land uponwhich no residential structures will be placed whenmore than one principal building is to be constructedon one lot of record; to provide an alternativeprocedure for the orderly and efficient divisionof platted land into parcels for the purpose of leasefor manufactured homes or travel trailers; to promotethe general health, safety, and welfare; and tosubstantially comply with the provisions of Chapter58.17 RCW. The binding site plan proceduresspecified herein are available as a complement toother methods for subdividing land for commercialand industrial development. The binding site planshall be the required method of development formanufactured home parks. The binding site planprocedures of this chapter shall have principalapplication to commercial and industrial parks andmanufactured home parks. (Ord. 393 § 1, 2007)17.26.020 Binding site plan conditions andrequirements.(1) General Conditions and Requirements.(a) Binding site plans shall be filed as arecord of survey in the Grant County auditor’soffice.(b) A commercial or industrial binding siteplan authorizes a sale or transfer of a parcel. Thebinding site plan and all of its requirements shall belegally enforceable on the purchaser or other personacquiring ownership of the parcel. The sale ortransfer of such parcel in violation of the bindingsite plan, or without obtaining a binding site planapproval, shall be considered a violation of Chapter58.17 RCW and shall be restrained by injunctiveaction and be illegal as provided in Chapter58.17 RCW. The sale or other transfer of ownershipof a parcel of a commercial or industrial bindingsite plan shall be filed as a record of survey inthe Grant County auditor’s office.(c) Mobile (manufactured) home park andrecreational vehicle park binding site plans shallnot authorize the sale or transfer of ownership of aparcel of the binding site plan.(d) Alteration of an approved binding siteplan shall be accomplished by submitting anamended binding site plan to the plat administrator.The amended binding site plan shall be processedsubject to all the procedures and requirements ofthis chapter.(e) All improvements (i.e., water services,fire lines, building sewers, private access streets,etc.) within the binding site plan boundaries shallbe privately held and maintained by the propertyowner(s). The binding site plan shall make adequateprovision for internal private access streets,curbs, gutters, sidewalks, street lighting circuits,alleys, connection to municipal utilities (sewer andwater) in the existing dedicated street the bindingsite plan adjoins, drainageways, other public ways,or other municipal improvements as deemed necessaryin conformance with the city of Electric Citycommunity street and utility standards and the cityof Electric City design standards in effect at thetime of the binding site plan approval. All internalstreetlights required shall be supported by the formationof a streetlight utility local improvementdistrict (ULID) coexistent with the boundaries ofthe binding site plan to cover the operation andmaintenance costs of such streetlights.(f) The binding site plan shall front on anexisting dedicated street. There shall be adequateaccess to all parcels. Existing dedicated streets shallbe improved to the city of Electric City’s communitystreet and utility standards. Private streets shallhave direct access onto a dedicated street.(g) The binding site plan shall comply withall zoning and health regulations.(h) The binding site plan shall be generallyconsistent with the city of Electric City’s comprehensiveplan.(i) The binding site plan shall provide forirrigation water rights-of-way as now enacted orhereafter amended.17-23

17.26.020 BINDING SITE PLAN(j) Environmental information shall be preparedand submitted in accordance with the guidelinesestablished under the State EnvironmentalPolicy Act of 1971, as amended. Said informationis a part of and must accompany the binding siteplan application.(k) Unless an applicant for a binding siteplan requests otherwise and where the plat administratoragrees, a binding site plan shall be processedsimultaneously with the application forplatting, rezones, waivers, deferrals, planned unitdevelopments, site plan approvals, and similarquasi-judicial or administrative actions to theextent that procedural requirements applicable tothese actions permit simultaneous processing.(l) Binding site plans shall be approved, disapproved,or returned to the applicant for modificationwithin the time provided in Chapter 36.70BRCW.(2) Specific Conditions and Requirements.(a) Prior to submission of a binding site planapplication and map, the subdivider or the subdivider’srepresentative shall schedule a preapplicationconference with the public works director andrepresentatives of other affected city of ElectricCity departments. The subdivider shall present aconceptual idea of the binding site plan. The electricalutility and representatives of affected city ofElectric City departments will respond informallyand address potential items of concern to aid thesubdivider in preparing the binding site plan.(b) The binding site plan application andmap shall be filed with the electrical utility onforms prescribed by the public works department.Said application shall be accompanied by 12 copiesof the binding site plan and map.(c) The binding site plan (12 sets of printsplus the original tracing and a reproducible Mylarcopy) shall be a neat and accurate drawing in blackpermanent ink prepared, stamped, and signed by aregistered professional land surveyor licensed bythe state of Washington. The trimmed size of thebinding site plan shall measure 18 inches by 24inches with a one-and-one-half-inch margin on thetop or left margin and a one-half-inch border on theremaining three margins. The binding site planshall be drawn on two or more sheets if the scalenecessary to accommodate the map on one sheetwould unduly congest the drawing.(d) The binding site plan shall bear allinscriptions or attachments setting forth appropriatelimitations and conditions for the use of theland.(e) The binding site plan shall contain provisionsmaking all developments conform with thebinding site plan.(f) A nonrefundable fee established by a resolutionof the council shall accompany each andevery application for a binding site plan, togetherwith all contracted staff review expenses, publicationcosts and any consultant fees incurred to beable to review and process the application.(g) All public dedications shown on the platbeing overlaid shall also be shown on the bindingsite plan.(h) The binding site plan shall be accompaniedby the following:(i) A plat certificate from a title companylicensed to do business in the state of Washingtonand dated within 30 days of the date of filing of thebinding site plan and application with the publicworks director confirming that the title of the landas described and shown on the binding site plan isin the name of the owners signing the binding siteplan or instrument of dedication.(ii) A certificate from the Grant Countytreasurer indicating that all taxes and assessmentson the property included in the binding site plan ordedication have been paid according to the provisionsof RCW 58.08.030 and 58.10.040 as nowenacted or hereafter amended.(iii) All covenants proposed to run withthe land.(i) The binding site plan shall contain thefollowing:(i) All documents, maps, and surveynotes shall clearly show the name of the bindingsite plan, the name(s) of the subdivider(s) and thename of the registered land surveyor responsible tothe subdivider(s).(ii) The title shall include the type ofbinding site plan (commercial, industrial, mobilehome park or recreational vehicle park) and read asfollows:(TYPE OF) BINDING SITE PLANOF(NAME OF THE PLAT/SHORT PLAT)A Record of Survey(iii) The lines and names of all existingor platted streets or other public ways, parks, playgrounds,and easements adjacent to the binding siteplan, or dedication, including municipal boundaries,township lines, and section lines.(iv) Parcel locations including dimensionsand number or letter designations.17-24

ELECTRIC CITY MUNICIPAL CODE 17.26.020(v) The lengths and bearings of allstraight lines, curve radii, arcs, and semi-tangentsof all curves.(vi) All dimensions along the lines ofeach parcel with the true bearings and also anyother data necessary for the location of any parcelin the field.(vii) Suitable primary control points,approved by the Grant County public utility districtor descriptions and ties to such control points, towhich all dimensions, angles, bearings, and similardata given on the plan shall be referred.(viii) The location of all permanent monuments,property corners, and parcel corners.(ix) The names of all subdivisions immediatelyadjacent thereto.(x) The date, true north point, scale,datum plane, and date of survey.(xi) The boundary of the binding siteplan, the courses and distances marked thereon, asdetermined by a field survey made by a registeredand qualified land surveyor of the state, and withan allowable error not to exceed one foot in 5,000feet and one foot in 10,000 feet in the central businessdistrict.(xii) The elevations of all permanentmonuments based on datum plane approved by thepublic works director.(xiii) Certification by a registered landsurveyor of accuracy of the binding site plan mapand survey.(xiv) Location and dimensions of all irrigationwater rights-of-way.(xv) All linear dimensions shall be givenin feet and decimals of a foot to the nearest hundredth.(xvi) The scale of the binding site planshall be not more than 100 feet to the inch, exceptthat the public works director, subject to a requestprior to binding site plan submittal, may approvean alternative binding site plan map scale not toexceed 100 feet to the inch.(xvii) If the binding site plan is a redivisionor amendment to an existing binding site plan,the parcels of the preceding binding site plan shallbe shown by dotted lines in their proper positionsin relation to the new arrangement of the bindingsite plan, the binding site plan being so clearlyshown in solid lines as to avoid ambiguity.(xviii) The subdivider’s land surveyorshall set all required monuments and shall stake allparcel corners as shown on the binding site planbefore the binding site plan is submitted forapproval.(xix) A vicinity map at a scale of notmore than 400 feet to the inch, except that the cityengineer, subject to a request prior to plat submittal,may approve an alternative vicinity map scaleexceeding 400 feet to the inch. The vicinity mapshall show all adjacent parcels. It shall show howthe streets and alleys in the proposed subdivisionmay connect with existing and proposed streets andalleys in neighboring subdivisions or unplattedproperty to produce an advantageous developmentof the entire neighborhood.(xx) The street address for the bindingsite plan will be assigned to the major access to thededicated street the binding site plan fronts upon.(xxi) United States Bureau of Reclamationhorizontal and vertical data including benchmarks.(j) Any deed restrictions or covenants existingor proposed shall be drawn on the binding siteplan.(k) Submit all parcel and boundary closuresto the public works director.(l) The binding site plan shall contain thelegal description of the subdivision and the followingdeclaration, acknowledgment, and endorsementstatements, shall appear in the followingsequence in black permanent ink either by hand ormechanical device:Legal Description:___________________________________________________________________________________________________Declaration:The owner in fee simple of the land hereindescribed is ______________________.The owner does hereby establish a BindingSite Plan for the purpose of lease ofportions thereof, pursuant to RCW Chapter58.17 and Title 17 of the Electric CityMunicipal Code and that the undersigneddeclares that development of the propertyherein described shall conform to all inscriptionscontained hereon.________________ ________________Signature Date Signature Date________________ ________________Signature Date Signature Date17-25

17.26.020 BINDING SITE PLANAcknowledgment:State of WashingtonCounty of GrantI certify that I know or have satisfactory evidencethat ________________________signed this instrument and acknowledgedit to be his/her free and voluntary act forthe uses and purposes mentioned in theinstrument.____________________________Dated____________________________Notary Public____________________________Print or Type Name of Notary PublicMy appointment expires ______________Land Surveyor’s Declaration:I hereby certify that this Binding Site Planis a true and correct representation of thelands actually surveyed.I hereby declare that the Binding Site Plan______________________________, theheretofore described tract of land, is basedupon an actual survey and that all the distancesand courses shown thereon arecorrect to the best of my knowledge, information,and belief; and that I have fullycomplied with the provisions of the statutesand platting regulations.Approvals:____________________________Professional Land SurveyorCertificate No.________________Examined and approved by the ElectricCity Mayor on _____________________,20___.____________________________MayorFiled for the record at the request of theCity of Electric City this day _____ of___________________, 20___, in Volumeof the Book of Surveys, on page________, records of Grant County,Washington.Dedication____________________________Grant County Auditor____________________________by Deputy AuditorThe owner of the land described herein infee simple is _______________________and __________________________. Theowner declares this plat and dedicates tothe public forever, all streets, roads, alleys,easements or whatever public propertythere is shown thereon for any and all publicpurposes not inconsistent with the usesshown on this plat.____________________________Dated____________________________SignedAcknowledgmentState of WashingtonCounty of GrantI certify that I know or have satisfactory evidencethat ________________________signed this instrument and acknowledgedit to be his/her and voluntary act for theuses and purposes mentioned in the instrument.____________________________Dated____________________________Notary Public____________________________Print or Type Name of Notary PublicMy appointment expires ______________17-26

ELECTRIC CITY MUNICIPAL CODE 17.26.030Surveyor’s Certification and DeclarationI hereby certify that this plat is a true andcorrect representation of the lands actuallysurveyed.I hereby declare that the plat of__________________________ is basedon actual survey and subdivision of a portionof Section ____ Township _____North, Range _____ East, W.M. that thedistances and courses and angles areshown thereon correctly to the best of myknowledge, information, and belief; andthat proper monuments have been set andlot corners are staked on the ground._______________________(Seal)Licensed Land SurveyorEXAMINED AND APPROVED by theElectric City City Engineer on_________________, 20___.____________________________City EngineerEXAMINED AND APPROVED by thePlanning Commission on______________________, 20___.____________________________Planning Commission ChairmanEXAMINED AND APPROVED by theElectric City City Council on_____________________, 20___.Attest:____________________________Mayor_________________________________City ClerkThis is to certify that all taxes and assessmentswhich are now due and payable accordingto the records of Grant Countyhave been fully paid.____________________________Grant County Treasurer____________________________DateFiled for record at the request of the City ofElectric City this _______ day of_____________, 20__ at ______ __m.,and recorded in Volume of Plats, on Page___, records of Grant County, Washington.____________________________Grant County Auditor____________________________by Deputy Auditor(m) Submit all lot, block, and boundary closuresto the city engineer with the final plat submittal.(Ord. 414 § 1, 2009; Ord. 400 § 1, 2008; Ord.399 § 1, 2008; Ord. 393 § 1, 2007)17.26.025 Preliminary nonbinding advisoryreview.(1) The subdivider may request a preliminarynonbinding advisory review of the proposed bindingsite plan by the public works director prior topreparation and submittal of a conclusive bindingsite plan. Upon a request for a preliminary nonbindingadvisory review, the proposed binding siteplan must be submitted to the public works departmentin substantial compliance with ECMC17.26.020, general conditions and requirements, asapproved by the public works director.(2) The binding site plan will be referred toother departments, agencies, and offices in compliancewith ECMC 17.26.030. (Ord. 393 § 1, 2007)17.26.030 Referral to other departments,agencies, and offices.(1) Upon receipt of a complete and satisfactoryconclusive binding site plan application, the platadministrator shall distribute copies of the bindingsite plan to each of the following offices, departments,or agencies:(a) Grant County public utility district.(b) Telephone company.(c) Fire department.(d) Grant County health district.17-27

17.26.040 BINDING SITE PLAN(e) Any irrigation district with jurisdiction.(f) Grant County assessor.(g) Cable company.(2) The plat administrator shall further notifythe police department, public works department,and mayor that a binding site plan has beenreceived.(3) Notice of the filing of a binding site planlocated in the city of Electric City adjoining themunicipal boundaries thereof shall be given to theGrant County planning department.(4) Notice of the filing of a binding site planlocated adjacent to the right-of-way of a state highwayshall be given to the State Department ofHighways.(5) Each office, department, or agency shall filewritten recommendations with the plat administrator.If any such office, department, or agency failsto file a written recommendation within the timerequired, it may be presumed that such office,department, or agency has no recommendation.(a) The plat administrator shall review thebinding site plan and submit to the mayor a writtenreport with respect to the following conditions:(i) That the proposed binding site planbears the required certificates and statements ofapproval.(ii) That a title report furnished by thesubdivider confirms the title of the land and theproposed binding site plan is vested in the name ofthe owner whose signature appears on the bindingsite plan.(iii) That the binding site plan is technicallycorrect as certified by the land surveyorresponsible for the binding site plan.(b) The appropriate irrigation district servingor from which the real property is entitled to beserved with irrigation water shall review the bindingsite plan and submit to the plat administrator awritten report recommending approval or disapprovalof the binding site plan as to the adequacy ofthe proposed means of the delivery of irrigationdistrict entitlement water and as to the adequacy ofthe proposed means of removal of irrigation wastewater.(6) If the binding site plan is found to be unacceptable,a notice shall be provided as provided forin this code.(7) The plat administrator may determine that ameeting shall be held to resolve major issues identifiedas a result of the recommendations of otheroffices, departments, or agencies responsible forthe recommendations and must include the applicantand plat administrator. The proceedings andresults of the meeting shall be documented by minutes.(Ord. 393 § 1, 2007)17.26.040 Final filing fees.Upon approval of the binding site plan by theplat administrator and within 15 days thereafter,the applicant shall remit the following fees prior tothe binding site plan being officially signed andrecorded with the Grant County auditor:(1) A check payable to the Grant County auditorsufficient to cover the recording fees.(2) When applicable, voluntary payment in lieuof a dedication of land or to mitigate a direct impactthat has been identified as a consequence of a proposedbinding site plan as allowed by and pursuantto RCW 82.02.020.(3) When applicable, a certificate from theGrant County auditor certifying that covenants tothe property title have been recorded and filed shallaccompany the binding site plan.(4) The applicant shall be responsible to reimbursethe city for administrative costs incurred bythe city to review, process and approve, modify ordisapprove the binding site plan submitted. Theapplicant shall be responsible for all engineering,legal and other consulting fees and costs incurredby the city to the extent said fees and costs exceedthe application fees, and the applicant shall beadvised of those costs by the city clerk. The applicantshall pay such fees as billed by the city clerk.A failure to pay within 30 days any such fee billedby the city clerk shall result in a suspension of theprocessing of the binding site plan on the basis thatsuch failure to pay evidences an abandonment ofthe binding site plan application. The applicantshall pay such costs in full before the final plat isrecorded by the city. (Ord. 393 § 1, 2007)17.26.050 Final filing.(1) Upon receipt of all required final fees thebinding site plan shall be signed by the mayor.(2) The plat administrator shall transmit theoriginal Mylar to the county auditor for final filing.One reproducible copy shall be forwarded with theoriginal to be confirmed and returned to the mayorfor his records. One paper copy shall be filed withthe county assessor.(3) Any record of survey filed as a binding siteplan which does not bear the approval of the mayoris not a valid binding site plan and shall not conferany rights or privileges upon the property or itsowners. (Ord. 393 § 1, 2007)17-28

ELECTRIC CITY MUNICIPAL CODE 17.29.03017.26.060 Certificate of segregation – Buildingpermit.(1) Prior to the issuance of any building permitfor construction within an approved binding siteplan, that portion of the binding site plan for whichthe building permit is requested must be legallydescribed and receive a certificate of segregationfrom the plat administrator. Said certificate shallensure the segregation of construction complementsthe approved binding site plan.(2) Approval of the binding site plan shall constituteapproval for the binding site plan applicantto develop construction plans and specificationsfor all on-site street utility improvements. (Ord.393 § 1, 2007)17.26.070 Vested rights.A binding site plan shall be governed by theterms of approval of the binding site plan. Parcelsin a binding site plan filed for record shall be avalid land use notwithstanding any change in zoninglaws for a period of five years from the date offiling. (Ord. 393 § 1, 2007)17.26.080 Appeals.Any decision approving or disapproving anybinding site plan shall be reviewable as provided inthis code for the review for land use decisions. Thecost of transcriptions of any records required byany body or court for such review shall be borne bythe party seeking review and no transcripts shall beprepared or provided prior to receipt of paymentfor them. (Ord. 393 § 1, 2007)Chapter 17.29DESIGN STANDARDSSections:17.29.010 Definitions.17.29.020 Generally.17.29.030 Streets.17.29.040 Blocks and lots.17.29.050 Pedestrian paths.17.29.010 Definitions.Street classifications shall be as defined in thecommunity street and utility standards. (Ord. 411§ 1, 2008)17.29.020 Generally.(1) Land that is unsuitable for subdivision asprovided in the critical areas ordinance shall not besubdivided, unless adequate corrective methodsare provided by the proponent and approved by thecity engineer.(2) The proposed subdivision shall meet therequirements that are provided by the communitystreet and utility standards, ordinances, resolutions,and comprehensive plans. (Ord. 411 § 1, 2008)17.29.030 Streets.(1) Street layout shall conform to the city’sstreet layout maps. The applicant may providealternate plans for street layouts that provide forthe most advantageous development of subdivision,the adjoining neighborhoods, and the city.(2) Existing or proposed streets or arterials thatprovide access to the subdivision, or combinationsof existing or proposed streets and arterials thatprovide access to the subdivision, shall be continuedalong the same alignment as the existing orproposed street such that the street continues to theboundary of the subdivision, either adjacent to thesubdivision or through the subdivision, whicheverthe case may be.(3) Dead-end streets may be allowed where theproposed dead-end street will not adversely affectthe traffic flow and circulation within the area.(4) The minimum requirements for right-ofway,centerline curve radii, and centerline curvetangent lengths for primary streets, secondarystreets, tertiary streets and residential streets arelisted in the community street and utility standardsadopted by the council. (Ord. 411 § 1, 2008)17-29

17.29.040 IMPROVEMENTS17.29.040 Blocks and lots.(1) Blocks shall have sufficient width to providefor two tiers of lots, except on primary andsecondary streets that have restricted or limitedaccess.(2) All lots shall have a minimum depth of 100usable feet and shall meet all requirements ofECMC Title 18, Zoning.(3) Block lengths shall not exceed 660 feet.(4) Every lot shall have access to public rightof-way.(5) The ratio of the depth of any lot to its widthshall not be greater than three to one.(6) Residential lots that are adjacent to primarystreets, secondary streets, State Route 155 shall beat least 120 feet in depth.(7) The first 25 feet of side lot lines from thefront property line shall be within 20 degrees ofperpendicular to the front property lines which theyintersect.(8) Lot lines that are common between two lotsshall be composed of straight line segments. (Ord.411 § 1, 2008)17.29.050 Pedestrian paths.The subdivider may be required to provideright-of-way for activity trails and pedestrian pathsat locations other than within the right-of-way forstreets and utilities. Activity trails shall be providedfor as shown on the activity trail master planthat was adopted by city council. Pedestrian pathsmay be required where pedestrian routes wouldotherwise be more than one-quarter of a milelonger if the pedestrian path were not provided.(Ord. 411 § 1, 2008)Chapter 17.33IMPROVEMENTSSections:17.33.010 Procedure for installingimprovements.17.33.020 City participation.17.33.030 Streets.17.33.040 Water mains.17.33.050 Storm drainage.17.33.060 Sidewalks.17.33.070 Activity trails and pedestrian paths.17.33.080 Street lighting.17.33.090 Construction plans.17.33.100 Maintenance bond.17.33.010 Procedure for installingimprovements.(1) All improvements shall be installed percommunity street and utility standards that are currentat the time of plat application. The communitystreet and utility standards are available for reviewor purchase at the City Hall. Comprehensive layoutplans for municipal streets and utilities are alsoavailable for review at the City Hall, which may beused by the applicant as a guide in preparing preliminaryplats and construction plans.(2) When any improvement or infrastructurerequired of any development has been deferred anda subsequent application for a preliminary plat,binding site plan or building permit has beenreceived which makes use of that deferredimprovement or infrastructure, in that case the citystaff shall call for the installation or completion ofthe deferred improvement or infrastructure. (Ord.411 § 1, 2008)17.33.020 City participation.(1) The city may participate in the cost of streetimprovements and oversizing utilities that are notrequired of the subdivider.(2) This chapter shall not be construed to establishan affirmative obligation upon the city to participatein any project. The city’s participationshall be limited by the funds available, priority ofprojects throughout the city, and the desirability ofa particular project. (Ord. 411 § 1, 2008)17.33.030 Streets.(1) All streets within right-of-way that are dedicatedon a plat, or within existing right-of-way thatis not serviced and maintained by the city, shall beconstructed by the subdivider for the full width,17-30

ELECTRIC CITY MUNICIPAL CODE 17.33.100from back-of-sidewalk to back-of-sidewalk, to currentcommunity street and utility standards. Wherethe plat is adjacent to streets that are serviced andmaintained by the city, the subdivider will only berequired to improve the portion of the street that isthe responsibility of the plat to current communitystreet and utility standards.(2) The city may negotiate with the subdividerto install street improvements beyond the subdivision,which will connect existing improved streetsto the subdivision; or to improve existing streetswithin or adjacent to the subdivision that are maintainedand serviced by the city. All negotiatedreimbursements for additional street improvementswill be paid to the subdivider after the project iscomplete and accepted by city council. Noapproval for reimbursement is authorized by thecity unless a written approval by the city for saidreimbursement is sent to the subdivider prior toconstruction. (Ord. 411 § 1, 2008)17.33.040 Water mains.(1) The subdivider shall install water mains forthe full length of all streets that are installed.(2) The city may negotiate with the subdividerto install water mains larger than required by thecommunity street and utility standards, to implementthe development of the comprehensive planfor trunk mains to serve areas other than the subdivision.The city will negotiate the installation ofoversized water main and reimburse the subdividerfor the additional cost for the larger water mainafter construction is complete and accepted by thecity council. No approval is authorized by the cityunless a written approval for reimbursement by thecity is sent to the subdivider prior to construction.(3) When a subdivider is required to install awater main through or adjacent to property otherthan the proposed subdivision, the subdivider shallnot be required to install fire hydrants other thanthose required within the proposed subdivision.(Ord. 411 § 1, 2008)17.33.050 Storm drainage.(1) All drainage in and through the subdivisionshall be the responsibility of the subdivider.(2) The subdivider may divert or enclose thenatural drainage in and through the subdivisionafter providing a drainage system plan that isapproved by the city engineer. The subdivider shallbear all costs associated with diverting or enclosingnatural drainage.(3) All storm drainage in city streets shall drainfrom the asphalt to concrete gutters, then toapproved stormwater facilities such as catch basinsand drywells. All stormwater between stormwatertreatment facilities shall be in underground pipes.(4) The city may require the subdivider toinstall street drainage facilities that are over andabove the subdivision requirements, to provide forstorm sewer service to areas other than the subdivision.The city will negotiate the installation ofadditional street drainage facilities, and reimbursethe subdivider for the additional cost after constructionis complete and accepted by the citycouncil. No approval is authorized by the cityunless a written approval for reimbursement by thecity is sent to the subdivider prior to construction.(5) Washington State Department of Ecologyapproval is required for all stormwater facilitiesbefore construction plans will be approved. (Ord.411 § 1, 2008)17.33.060 Sidewalks.All sidewalks required with a subdivision shallbe completed prior to acceptance of required platimprovements. This section does not allow for thecompletion of sidewalks for each lot at the time ofbuilding construction. (Ord. 411 § 1, 2008)17.33.070 Activity trails and pedestrian paths.The city may negotiate with the subdivider toinstall activity trails or pedestrian paths beyond thesubdivision, which will connect existing activitytrails and pedestrian paths beyond the subdivision.All negotiated reimbursements for additionalactivity trails or pedestrian paths will be paid to thesubdivider after the project is complete andaccepted by city council. No approval for reimbursementis authorized by the city unless a writtenapproval by the city for said reimbursement is sentto the subdivider prior to construction. (Ord. 411§ 1, 2008)17.33.080 Street lighting.Street lighting is required for all streets, perplans that are approved by Grant County PUD andthe city engineer. (Ord. 411 § 1, 2008)17.33.090 Construction plans.Construction plans are required to be submittedby the subdivider and approved by the city engineerprior to construction. (Ord. 411 § 1, 2008)17.33.100 Maintenance bond.A two-year maintenance bond is required to besubmitted to the city, in the amount of 50 percentof the cost of the improvements to be accepted;17-31

17.36.010 REIMBURSEMENT FOR UTILITY INSTALLATIONSwhich bond shall be as approved by the city attorney,and submitted prior to acceptance of allimprovements. If the improvements are less thanthe amount of the street and utility constructionbond or performance bond that was provided bythe contractor for the work, and that street and utilityconstruction bond or performance bond providesfor two-year maintenance of theimprovements to be accepted, an additional twoyearmaintenance bond will not be required prior toacceptance of the project. (Ord. 411 § 1, 2008)Chapter 17.36REIMBURSEMENT FOR UTILITYINSTALLATIONSSections:17.36.010 Installation of utilities required.17.36.020 General reimbursement procedure.17.36.030 Subdivider’s requirements.17.36.010 Installation of utilities required.The final subdivision plat requirements of thecity provide that water mains, streets, sewer mainsand storm drains must be installed at the expense ofthe subdividers. In connection with the installationof water mains, streets, sewer mains, and stormdrains, subdividers are required to extend existingstreets and utilities to the property being subdivided.Extensions of water mains, streets, sewermains, and storm drains may be required to beextended through, or adjacent to, real estate ownedby third parties. (Ord. 393 § 1, 2007)17.36.020 General reimbursement procedure.State law provides a means by which the subdividermay enter into a contract with the city for thereimbursement of a portion of those costs. Thecosts of public hearings, engineering reviews andapprovals incurred by the city in creation of thatreimbursement capability shall be borne by thesubdivider. (Ord. 393 § 1, 2007)17.36.030 Subdivider’s requirements.Where the subdivider is required to installstreets or utilities through or adjacent to propertyundeveloped or not subdivided and owned by others,a written statement requesting future reimbursementfor improvements, requestingconsideration of a contract for such purposes asprovided by state law and a certified copy of costsshall be filed with the city engineer. The city engineerwill then define the total area subject to reimbursementfees and will cause the provisions ofstate law to be applied to the request. Following therequired notices and hearings, the city engineermay establish a front foot or square foot cost to bepaid the subdivider prior to any future building,subdividing or other improvements on propertyabutting the subdivider-installed streets or utilities.(Ord. 393 § 1, 2007)17-32

ELECTRIC CITY MUNICIPAL CODE 17.44.010Chapter 17.40WAIVERS, DEVIATIONS AND DEFERRALSSections:17.40.010 Waivers, deviations and deferrals.17.40.010 Waivers, deviations and deferrals.There is established a procedure for grantingwaivers, deviations and deferrals of the regulationscontained in this title, as follows:(1) Any subdivider can make application to theplanning commission for a waiver of, deviationfrom or deferral of any provision contained in thistitle, provided the request is received concurrentlywith the proposed subdivision or dedication. Suchapplication shall include any and all details necessaryto support the application. All waiver, deviationand deferral requests must be forwarded to theplanning commission with the preliminary plat andaddressed in the planning commission’s findings,conclusions and recommendation.(2) The planning commission shall not grant awaiver, deviation or deferral of the subdivisionregulations unless it shall find that the followingcondition exists in each case of a request:Where, because of the size of the tract to be subdivided,its topography, the condition or nature ofadjoining areas, or the existence of unusual physicalconditions, the strict compliance with the provisionsof this title would cause an unusual andunnecessary hardship on the subdivider, the planningcommission may waive, defer or deviate fromthe requirements set forth in this title.In granting waivers, deviations and deferrals,the planning commission may require such conditionsas will secure, insofar as practicable, theobjectives of the requirement waived or deferred.Any waiver or deferral authorized shall be enteredin the minutes of the planning commission togetherwith the circumstances that justify the waiver,deviation or deferral granted.(3) If a short plat has not been approved as finalwithin six months after the waiver, deferral or deviationis granted, that waiver, deferral or deviationshall become null and void. (Ord. 400 § 1, 2008;Ord. 393 § 1, 2007)Chapter 17.44VIOLATIONSSections:17.44.010 Violation deemed misdemeanor.17.44.010 Violation deemed misdemeanor.State law provides any person, firm, corporation,or association or any agent of any person,firm, corporation, or association who violates anyprovision of Chapters 17.05 through 17.40 ECMCor any local regulations adopted pursuant theretorelating to the sale, offer for sale, lease, or transferof any lot, tract or parcel of land, is guilty of a grossmisdemeanor and each sale, offer for sale, lease ortransfer of each separate lot, tract, or parcel of landin violation of any provision of Chapters 17.05through 17.40 ECMC or any local regulationadopted pursuant thereto, is deemed a separate anddistinct offense under state law. (Ord. 393 § 1,2007)17-33

17.48.010 COMPREHENSIVE PLANChapter 17.48COMPREHENSIVE PLANSections:17.48.010 Adoption of comprehensive plangoals, policies, and maps.17.48.010 Adoption of comprehensive plangoals, policies, and maps.The Electric City planning commission has recommendedfor adoption a comprehensive planningmap, plan, goals, and policies. That plan, map,goals, and policies has been adopted by resolutionof the council. That plan, map, goals, and policiesshall be the comprehensive land use plan and mapof the city until appropriately amended, and uponany such amendment or amendments being dulymade, the plans, map, goals, and policies or any ofthem, as may be appropriate from the nature of theamendment, shall be deemed changed to conformto any said amendment. (Ord. 393 § 1, 2007)Chapter 17.52LOT BOUNDARY ADJUSTMENTSSections:17.52.010 Purpose.17.52.020 Processing.17.52.030 Application and fees.17.52.040 Time frame for approval.17.52.050 Notice.17.52.060 Criteria for approval.17.52.070 Appeals.17.52.080 Recordation.17.52.010 Purpose.The purpose of this chapter is to provide amethod for summary approval of lot boundaryadjustments between platted or unplatted lots orboth, which do not create any additional lot, tract,parcel, site or division, nor does it create a lot containinginsufficient area and dimension to meetminimum requirements for width and area or failingto provide access for a building site, whileensuring that such lot boundary adjustment satisfiespublic concerns of health, safety and welfare.(Ord. 393 § 1, 2007)17.52.020 Processing.Boundary line adjustments are not project permits,as defined in RCW 36.70B.020(4), and arenot subject to the processing requirements pursuantto RCW 36.70B.140. (Ord. 393 § 1, 2007)17.52.030 Application and fees.Boundary line adjustment applications shall besubmitted to the city clerk for review and approvalby the plat administrator, together with four copiesof the entire contiguous tract owned by the applicant,and all information requested for short platapplications, as described in this code. In addition,the applicant shall submit a nonrefundable applicationfee, as established by city council resolution.These fees will be used for administrative costsincurred by the city, and are not refundable. Theapplicant shall be responsible for all engineering,legal and other consulting fees and costs incurredby the city to the extent said fees and costs exceedthe application fees, and the applicant shall beadvised of the costs by the city clerk. The applicantshall pay such costs before the boundary lineadjustment is recorded by the city clerk pursuant toECMC 17.52.080. (Ord. 393 § 1, 2007)17-34

ELECTRIC CITY MUNICIPAL CODE 17.52.08017.52.040 Time frame for approval.The plat administrator shall approve, disapproveor return the lot line adjustment in compliance withthis chapter to the applicant as provided in Chapter36.70B RCW. (Ord. 393 § 1, 2007)17.52.050 Notice.(1) Posting. A notice of the proposed boundaryline adjustment shall be posted in a conspicuousplace on or adjacent to the subject land or property,and a copy of such notice also shall be posted in aconspicuous place at the City Hall.(2) Mailed Notice. Postcard notices shall besent to the owners of all real property within aradius of 100 feet of the subject land or property.The requirement of this subsection shall be satisfiedif notices are mailed to the person or personsshown to be the owners of such property on therecords pertaining thereto in the office of the GrantCounty auditor and if mailed to the last address ofsuch record owner known to the applicant. If theowner of the real property subject to the boundaryline adjustment owns another parcel or parcels ofreal property which lie adjacent to the real propertysubject to the boundary line adjustment, noticeunder this section shall be given to owners of realproperty located within 100 feet of any portion ofthe boundaries of such adjacently owned parcels ofreal property owned by the owner of the real propertyto be subdivided.(3) Time of Notice. All posted notices shall beposted not less than seven days after applicationhas been made with the city for the boundary lineadjustment.(4) Form of Notice. Mailed and posted noticesshall state the name and street address of the applicant,the legal description of the property involved,and describe the general nature of the boundaryline requested. All posted notice also shall containa sketch of all property within a radius of 300 feetfrom the property involved, and the sketch shallidentify clearly the property subject to the boundaryline adjustment. No such sketch or drawingshall be required on mailed notices.(5) Expense of Notice. All expenses involved incarrying out the conditions and requirements ofthis section shall be borne by the applicant. (Ord.393 § 1, 2007)(1) No additional lot, tract, parcel, site or divisionwill be created by the proposed adjustment;(2) No lot is created which contains insufficientarea and dimensions to meet the minimum requirementsof the zone in which the lots affected are situated;(3) No lot is created which does not have adequatedrainage, water supply and sanitary sewagedisposal, and access for vehicles, utilities and fireprotection;(4) The lot boundary adjustment is consistentwith the applicable provisions of the city’s zoningcode. (Ord. 393 § 1, 2007)17.52.070 Appeals.Any person aggrieved by the decision of the platadministrator to approve or disapprove a proposedboundary line adjustment may appeal the decisionas provided in this code. Upon receipt of theappeal, appeal fee and costs as established by thecity, the appeal shall be processed as provided inthis code. (Ord. 393 § 1, 2007)17.52.080 Recordation.The original approved boundary line adjustmentshall be filed for record by the city clerk, and shallnot be deemed “approved” until so filed. Onereproducible copy and one paper copy shall be furnishedby the applicant to the city clerk, and onepaper copy shall be filed with the county assessorby the applicant after the original has been filedwith the city clerk. (Ord. 393 § 1, 2007)17.52.060 Criteria for approval.The plat administrator shall approve an applicationfor a lot boundary adjustment if it is determinedthat:17-35

Title 18ZONINGChapters:18.05 General Provisions18.10 Districts Established – Zoning Map18.18 S-1 Zone – Suburban Residential District18.20 R-1 Zone – Low Density Residential District18.25 R-2 Zone – Medium Density Residential District18.27 R-3 Zone – High Density Residential District18.28 P-R Zone – Planned Resort District18.30 C-1 Zone – Central Business District18.35 C-2 Zone – Tourist Commercial District18.37 PU Zone – Public Use District18.40 General Use Regulations18.45 General Regulations18.47 Landscaping Buffer and Screening Requirements18.49 Site Plan Review18.55 Nonconforming Uses and Structures18.60 Signs18.61 Factory-Built Homes18.63 PDD – Planned Development District Overlay18.70 Recreational Vehicle Parks18.75 Manufactured Home Parks18.80 Administration18-1

ELECTRIC CITY MUNICIPAL CODE 18.05.010Chapter 18.05GENERAL PROVISIONSSections:18.05.005 Purposes.18.05.010 Definitions.18.05.005 Purposes.It is the purpose of this title to promote thehealth, safety and general welfare by guiding thedevelopment of Electric City by means of a comprehensiveland use plan which is, in part, carriedout by the provisions of this title.It is further intended to provide regulations andstandards which lessen congestion in the streets,encourage high standards of development, preventthe overcrowding of land, provide adequate lightand air, avoid excessive concentration of population,and facilitate adequate provisions for transportation,utilities, schools, parks and othernecessary public needs.It is also the purpose of this title to give considerationto the character of the districts and theirpeculiar suitability for particular uses, with a viewto conserving and enhancing the value of land andbuildings and encouraging the most appropriateuse of these throughout the city.There is hereby established a comprehensivezoning plan for the city of Electric City, Washington,which plan is set forth in the text, maps, andschedule that constitute this title. Said plan isadopted by the authority of and for the purposes setforth in Chapter 44, Laws of 1935, Laws of theState of Washington, and Chapter 36.70A RCW,and more particularly for the production and promotionof the public health, safety, and generalwelfare. (Ord. 416 § 1, 2009)18.05.010 Definitions.For the purposes of this chapter certain wordsand terms used herein are defined as follows. Allwords used in the present tense include the futuretense; all words in plural number include the singularnumber and all words in the singular numberinclude the plural number, unless the natural constructionof the wording indicates otherwise.“Abandon” means to terminate or remove astructure by an affirmative act, such as changing toa new use; or to cease, terminate, or vacate a use orstructure through nonaction.“Abate” means to take whatever means necessaryby the administrative official to return to thecondition in which it existed before a violation ofthis title occurred or to assure that the propertycomplies with applicable code requirements.Abatement may include, but is not limited to, rehabilitation,demolition, removal, replacement orrepair.“Accessory structure” means a detached structurethat is clearly incidental and subordinate to theprincipal structure on the same lot. Accessorybuildings shall contain no habitable space, unlessotherwise specifically provided by other provisionsof this title. Examples include storage shedsand garages.“Accessory use” means a use customarily incidentalto and on the same lot as the principal use ofa building or operation, and so necessary or commonlyto be expected that it cannot be supposedthat it was intended to be prohibited.“Adequate” means acceptable but not excessive.“Adjacent property” means property which iscontiguous or touching at any point. Propertywhich would be contiguous or touching except forthe existence of a street, road, or right-of-way willbe considered contiguous or touching.“Administrative official” means the city ofElectric City mayor or his/her designee.“Adult family home” means a residential homeof a person or persons who are providing personalcare, special care, room and board to more than onebut not more than six adults who are not related byblood or marriage to the person or persons providingthe services. (RCW 70.128.010)“Adverse” means contrary to one’s interest orwelfare; harmful or unfavorable circumstances.“Adverse impacts” means a condition that creates,imposes, aggravates, or leads to inadequate,impractical, unsafe, or unhealthy conditions on asite proposed for development or on off-site propertyor facilities.“Agency with jurisdiction” means any agencywith authority to approve, deny, or condition all orpart of any project permit application as defined bythis title.“Agriculture” means the use of land for agriculturalpurposes including farming, dairying, pasturage,agriculture, horticulture, floriculture,viticulture, aviaries, and animal and poultry husbandry,and the necessary accessory uses for storingproduce, provided the operation of suchaccessory uses shall be incidental to that of normalagricultural activities.“Aid to navigation” means any visual or electronicdevice airborne or on the surface which providespoint-to-point guidance information or positiondata to aircraft in flight or boats on the water.18-3

18.05.010 GENERAL PROVISIONS“Air navigation hazard” means an official determinationby the FAA that an airspace obstructionconstitutes a hazard to air navigation. The FAAdetermination that an airspace obstruction does notconstitute a “hazard to air navigation” under federalregulations does not prevent the administrative officialfrom determining that it is an airspace hazardor potentially incompatible land use under this title.“Airfield” means a public or privately ownedarea of land open to general, limited public, orcommercial use for aircraft operation. An airfieldmay include related commercial service, aircraftmaintenance, or fueling facilities.“Airport” means an area of land or facility publiclyowned and open to general public use for aircraftoperations, except any airfield or airstrip asdefined herein. An airport may include related servicesand facilities.“Airport elevation” means the highest point ofan airport’s usable land area measured in feet fromsea level.“Airport imaginary surfaces” means the imaginaryairspace surfaces, including the primary,approach, transitional, horizontal and conical surfaces,of an airport as designated by Federal AviationRegulations (FAR), Part 77, “ObjectsAffecting Navigable Airspace,” as shown on thePart 77 Airspace Plan, Approach Zone, and RunwayProtection Zone plans for an airport as containedin an airport master plan.“Airport obstruction” means any structure,growth or other object, including a mobile object,which exceeds a limiting height set forth in GrantCounty Code 23.08.030 (as it exists and hereinafteramended).“Airport safety overlay district” means an overlaydistrict adopted by Grant County and by referencethe city of Electric City, that governs use ofland adjoining an airport and protects public safetyin the area.“Airport safety zone” means as defined by themost recent FAA definition.“Airspace hazard” means any structure, tree, oruse of land which compromises public safety orobstructs the airspace required for the safe operationof aircraft in or around an airport, as determinedby the administrative official under this title.“Airspace obstruction” means any structure,tree, land mass, smoke or steam or use of land whichpenetrates any airport imaginary surface, as definedby Federal Aviation Regulations (FAR), Part 77.“Alley” means a public way between propertylines, which affords a secondary means of access toabutting property.“Animal hospital” means a facility, includingexterior fenced cages or yards, for veterinary careof sick or injured animals. The boarding of animalsis limited to short-term care, and is accessory to theprincipal use. This definition does not include kennels.“Animal shelter” means a commercial or nonprofitestablishment in which animals other thanlivestock are temporarily housed or boarded,groomed, bred, trained, treated, or sold.“Applicant” means any person, entity, or agencythat applies for a development proposal, permit orapproval (subject to review under this title) andwho is either the owner, beneficial owner, contractpurchaser, or authorized agent of such owner of theland on which the proposed activity would belocated.“Application” means a written request in a formdeemed appropriate by the administrative officialor a form provided by the city for a construction orland use action or permit for any activity thatwould alter or modify the legal description, use,and/or development of any parcel of land.“Approach, transitional, horizontal and conicalsurfaces” means the imaginary surfaces relating toan airport as defined by Federal Aviation Regulations(FAR), Part 77, “Objects Affecting NavigableAirspace,” as shown on the Part 77 AirspacePlan, Approach Zone, and Runway ProtectionZone plans for the Grand Coulee Airport as containedin the approved airport master plan.“Approach, transitional, horizontal and conicalzones” means the zones which apply to the groundareas immediately under a runway approach, transitional,horizontal and conical surfaces, as projectedalong a vertical axis.“Archaeological” means having to do with thescientific study of material remains of past humanlife and activities.“Archaeological site” means an area of ancestralhuman use such as middens, burial grounds, andearthworks.“Assembly, heavy” means the assembly of largeprefabricated materials or components into a finishedproduct, generally with the use of machineryor equipment.“Assembly, light” means the assembly of smallprefabricated materials or components into a finishedproduct. Light assembly processes may notemploy heavy equipment. Both materials and endproducts can generally be lifted by hand, withoutthe use of forklifts or other equipment. Examplesinclude rototillers, snowmobiles, small engines,and furniture.18-4

ELECTRIC CITY MUNICIPAL CODE 18.05.010“Assisted living facility” means a type oflicensed boarding home operating in accordancewith an assisted living services contract with theDepartment of Social and Health Services offeringa package of services, including personal care andlimited nursing. Such facilities may include housingfor the resident in a private apartment-like unit.“Auto wrecking yard” means any lot or areaused for the dismantling or disassembling of motorvehicles or trailers, or the storage, sale or dumpingof four or more dismantled, partially dismantled,obsolete or wrecked vehicles, or their parts.“Basement” means that portion of a building,between a floor and a ceiling, which is partly belowthe finished grade. A basement shall be considereda story unless it is used exclusively for parking,storage and/or the housing of heating equipment.“Bed and breakfast inn” means a hospitalitycommercial use containing four to six guest roomsor lodging units without cooking facilities, whichprovides overnight accommodation and breakfastmeals in an owner- or proprietor-occupied existingsingle-family residence, including additional legalstructures that may include facilities for banquets,weddings and similar small parties.“Bed and breakfast residence” means a hospitalitycommercial use containing one to three guestrooms without cooking facilities, which providesovernight accommodation and breakfast meals inan owner- or proprietor-occupied existing singlefamilyresidence.“Boarding house” or “lodging house” means adwelling or part thereof, other than a hotel, motel,or multifamily dwelling where lodging, with orwithout meals, is provided, for compensation, forthree or more persons.“Boat launch, public” means a boat launchwhich serves more than a single residence.“Boathouse” means an enclosed structuredesigned and used for the storage of boats and boatequipment.“Boathouse, commercial” means any walled orcovered structure built onshore or offshore for thewet or dry commercial storage, repair, or buildingof watercraft or float planes.“Boating facilities” means marinas, coveredmoorages, boathouses, boat launches, marine railways,mooring buoys, docks, and floats.“Buffer, generally” means an area designed toseparate incompatible uses or activities.“Buildable lot” means a legal lot of record meetingland use lot certification tests and determinedto be in compliance with this title for which adevelopment permit is approved.“Building” means any structure used orintended for supporting or sheltering any use oroccupancy.“Building envelope” means a three-dimensionalspace in which a building or structure may be builtunder the provisions of all applicable chapters ofthis title.“Building footprint” means the surface spaceoccupied by a building.“Building height” means the vertical distancemeasured from the grade to the highest point of thebuilding.“Building permit” means an official documentor certification which is issued by the building officialand which authorizes the construction, alteration,enlargement, conversion, reconstruction,remodeling, rehabilitation, erection, demolition,moving or repair of a building or structure. “Buildingpermit” also includes a mobile home permit.“Bulk fuel storage facility” means an area whereflammable or combustible liquids are received bytank vessel, pipeline, tank car, or tank vehicle andare stored or blended in bulk for the purpose of distributingsuch liquids by tank vessel, pipeline, tankcar, tank vehicle, portable tank, or container.“Bulk fuel storage (retail)” means the storage offuel in structures or tanks for subsequent retail sale.“Bulk fuel storage (wholesale)” means the storageof fuel in structures or tanks for subsequentwholesale distribution.“Business” or “commerce” means the purchase,sale, offering for sale, or other transaction involvingthe handling or disposition of any article, service,substance, or commodity for livelihood or profit.“Cabin” means a recreational dwelling unit usedfor short-term, temporary occupancy (in month-tomonthor shorter increments) which may be fullyplumbed, served with electrical power, and/or containa kitchen and bathroom.“Campground and camping facilities” means anarea of land developed for recreational use as temporaryliving quarters for persons using tents or18-5

18.05.010 GENERAL PROVISIONSother personal, portable overnight shelters such astravel trailers or recreational vehicles.“Caretaker residence” means an accessorydwelling unit for residence of an individual andhis/her immediate family while in the employ as acaretaker, groundskeeper, or security capacity tothe primary operation or use.“Cargo containers” or “containers” are steel seaorocean-going containers marked with the AmericanBureau of Shipping’s Emblem or meeting theInternational Standard Organization’s standards,which can be detached from a trailer, chassis, orframe, and which were formerly used for transportingsea- or ocean-going cargo.“Church” means any structure or group of structuresprimarily used for religious services and/orinstruction.“Clearing” or “land clearing” means thedestruction or removal, by hand or with mechanicalmeans, of vegetative ground cover or treesincluding, but not limited to, root material or topsoilmaterial.“Clinic” means a place where group medicalservices are performed not including the overnighthousing of patients.“Club” means an association of persons, religiousor otherwise, for a common purpose, but notincluding groups which are organized primarily torender a service carried on as a business for aprofit.“Cluster” means a grouping of clustered lots.“Co-housing” means a type of residential communitycharacterized by either attached ordetached single-family dwelling units which mayor may not be located on separate lots, and includesa common building, which may contain a large diningroom, kitchen, lounges, meeting rooms, recreationand laundry facilities, storage, guest rooms,library, workshops, and/or childcare, to serve onlythe co-housing community.“Commercial coach” means a structure transportablein one or more sections that is built on apermanent chassis and designed to be used forcommercial purposes with or without a permanentfoundation when connected to the required utilities.A commercial coach is labeled with a blackinsignia in compliance with Washington StateDepartment of Labor and Industries regulations.“Commercial sign” means any object, device,display or structure that is used for attracting attentionto any commercial use, product, service, oractivity.“Commercial use” means a land use activitywhich is associated with the sale and purchase ofgoods and services. Includes businesses involvedin: the sale, lease, or rent of new or used productsto the consumer public; the provision of personalservices to the consumer public; the provisions ofleisure services in the form of food or drink andpassive or active entertainment; or the provision ofproduct repair or servicing of consumer goods.“Committed improvement” means a legallybinding commitment that a specific amount ofcapacity will be added to a concurrency facility orservice by a specific date.“Common area” means any area containedwithin the boundaries of a proposed land divisionor within a multifamily residential developmentand owned by the lot owners as tenants-in-common,joint tenancy, or through an association ornonprofit association, and provided specifically forthe common use of the residents.“Compatible” means capable of existingtogether without discord or in a state of mutual tolerance.“Comprehensive drainage plan” means adetailed analysis, adopted by the city council, for adrainage basin which assesses the capabilities andneeds for runoff accommodation due to variouscombinations of development, land use, structuraland nonstructural management alternatives. Theplan recommends the form, location, and extent ofstormwater quantity and quality control measuresthat would satisfy legal constraints, water qualitystandards, and community standards, and identifiesthe institutional and funding requirements for planimplementation.“Comprehensive plan” means the generalizedcoordinated land use policy statement of the city ofElectric City, adopted pursuant to the GrowthManagement Act.“Comprehensive plan amendment” means anamendment or change to the text or maps of thecomprehensive plan.“Concurrency” means a decision that a proposedland development will not cause the level ofservice on a concurrency facility and service todecline below adopted levels of service standardstaking into account the available capacity, thecapacity used by the proposed development, thecapacity tentatively reserved by other pendingdevelopment permit applications, the capacityreserved in certificates of capacity issued toprojects that are not yet built, the capacity to beused by other growth estimated to occur, the capacityto be added by committed improvements thatwill be in place at the time the capacity is neededby the proposed development, and, in the case of18-6

ELECTRIC CITY MUNICIPAL CODE 18.05.010transportation concurrency, the capacity to beadded by funded projects.“Concurrency determination for nontransportationfacilities and services” means a determinationmade by the nontransportation facility providerwhich compares an applicant’s impact on that provider’sfacilities to the capacity of such facilities,taking into account available facility capacity andany mitigation measures proposed by the applicant.“Conditional use” means a use allowed in one ormore zoning districts as defined in this title butwhich, because of characteristics peculiar to suchuse; because of size, hours of operation, technicalprocesses or equipment; or because of the exactlocation with reference to surroundings and existingimprovements or demands upon public facilities,requires a special permit in order to provide aparticular degree of control to make such use consistentand compatible with other existing or permissibleuses in the same zone or zones.“Conditional use permit (CUP)” means a permitissued by Electric City stating that the land usesand activities meet all criteria set forth in this titleand other local ordinances, and all conditions ofapproval in accordance with the proceduralrequirements of this title.“Condominium” means the division of a buildingor land pursuant to the Horizontal PropertyRegimes Act, Chapter 64.23 RCW, or the CondominiumAct, Chapter 64.34 RCW.“Consistency” is a term which means that nofeature of a plan or regulation is incompatible withany other feature of a plan or regulation. Consistencyis indicative of a capacity for orderly integrationor operation with other elements in a system.(WAC 365-195-210)“Construction yard” means a service establishmentprimarily engaged in general contracting orsubcontracting in the building construction trades.Construction yards include administrative offices,workshops and the indoor or outdoor storage oftools, equipment, materials, and vehicles.“Contaminant” means any chemical, physical,biological or radiological substance that does notoccur naturally in groundwater or that occurs atconcentrations greater than those in natural levels.“Contiguous land” means land adjoining andtouching other land regardless of whether or notportions of the parcels have separate assessor’s taxnumbers, were purchased at different times, lie indifferent sections, are in different government lots,or are separated from each other by private road orpublic rights-of-way.“Convenience store” means a business primarilyengaged in the retail sales of convenience items,including packaged or prepared food, beverages,lottery tickets, tobacco products, and limited stockof groceries, goods, sundries and similar productsfor the traveling public or neighborhood residentsfor consumption off premises; may include retaildispensing or sales of vehicular fuels.“Cottage industry” means small-scale commercialor light industrial activities on residential parcels,subordinate to the primary residential use,conducted in whole or in part in either the resident’ssingle-family dwelling unit or in an accessorybuilding, and conducted by one or moreresidents of a single-family residence and not morethan four additional employees not residing at theresidence, and is of a scale larger than a homeoccupation. Subject to the performance and usespecificstandards set forth in this title.“Covenants” means a restriction on the use ofland.“Critical facility” means a facility where safetyfrom disaster is of paramount importance, or whereeven a slight chance of flooding might be too great.Critical facilities include, but are not limited to,schools, hospitals, police, fire, and emergencyresponse installations, nursing homes, installationswhich produce, use, or store hazardous materials orhazardous waste.“Cul-de-sac” means a road closed at one end byan area of sufficient size for turning vehiclesaround.“Cultural resource area” means an area that hasbeen identified and designated by the city councilas having lands, sites and structures that have historicalor archaeological significance.“Current use” means the use of land or improvementsat the time of permit application.“Dangerous waste” means those solid wastesdesignated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardouswaste. (WAC 173-303-040)“Date of decision” means the date on which afinal decision or determination occurs and is transmittedto parties of record and from which theappeal period is calculated.Day Care – Type 1. The following definitionsapply to day care facilities for six or fewer children:(a) “Child care facility” means a family daycare home. (RCW 35.63.170)(b) “Family day care home” means a personregularly providing care during part of the 24-hourday to six or fewer children in the family abode of18-7

18.05.010 GENERAL PROVISIONSthe person or persons under whose direct care thechildren are placed. (RCW 35.63.170)Day Care – Type 2. The following definitionsapply to day care facilities for seven or more children:(a) “Day care center” means a person oragency that provides care for 13 or more childrenduring part of the 24-hour day (RCW 74.15.020).(b) “Family day care provider” means alicensed day care provider who regularly providesday care for not more than 12 children in the provider’shome in the family living quarters. (RCW74.15.020)(c) “Mini day care center” means a personor agency providing care during part of the 24-hourday to 12 or fewer children in a facility other thanthe family abode of the person or persons underwhose direct care the children are placed, or for thecare of seven through 12 children in the familyabode of such person or persons (RCW 35.63.170).“Dedicate” means to set aside a piece of realproperty, a structure, or a facility for public or privateuse or ownership.“Defendant” means a person named in a noticeof infraction.“Degrade” means to scale down in desirabilityor salability, to impair in respect to some physicalproperty or to reduce in structure or function, interms of Electric City standards and environment.“Density” means the average number of dwellingunits per acre.“Developable area” means the area of land thatis not constrained from development by land userestrictions.“Developed site” means the condition of thedevelopment site following completion of constructionof the development including allapproved phases of construction.“Developer” means the individual(s) or corporation(s)applying for the permits or approvals listedin this title.“Development” means any change of use ofland including, but not limited to, the division of aparcel into two or more parcels; the construction,reconstruction, conversion, structural alteration,relocation, or enlargement of any structure; anyland clearing or grading, excavation, mining, landfill;creation of impervious surfaces, septic installationsor well installations; storage of equipmentor materials; or any extension of the use of land.“Development approval” means approval byElectric City of a development permit.“Development permit” or “development permitapplication” means any land use or environmentalpermit or license required from a local governmentfor a project action, including but not limited toconstruction or exterior alteration of structures,dredging, drilling, dumping, filling, earth movement,clearing or removal of vegetation, or othersite disturbance which either requires a permit,approval or authorization from the county or is proposedby a public agency, but excluding the adoptionof amendment of a comprehensive plan,subarea plan, community plan, functional plan,development regulation or any amendmentsthereto.“Development proposal” means a proposal fordevelopment requiring a permit from Electric City.“Development right” means the right to developproperty subject to federal, state, and local restrictionand regulations.“Development standards” means those standardsdefining the parameters to be followed in sitedesign and development, including bulk, density,dimensional and other criteria, as set forth in Chapter18.45 ECMC.“Distance” means the length in feet between twoor more points as measured on a horizontal plane.“District” means a part, zone, or geographic areawithin Electric City in which certain developmentregulations apply. As it applies to special purposedistricts, any area located within Electric City thathas special purpose and defined service areaboundaries in the incorporated area, and whosecapital facilities plan has been or will be adoptedby the city council as a part of the city’s comprehensiveplan.“Dock” means a structure that abuts the shorelineand is used as a landing or moorage place forcommercial and pleasure craft, typically consistingof a pier, ramp, and float.“Drainage” means surface water runoff; theremoval of surface water or groundwater from landby drains, grading, or other means, which includerunoff controls to minimize erosion and sedimentationduring and after construction or development.“Drinking establishment” means a business primarilyengaged in the retail sale of alcoholic beveragesfor consumption on the premises. A loungeoperated as part of a restaurant is considered to beaccessory to the restaurant.“Drive-in” means a business designed to permitcustomers to remain in their automobiles whilebeing directly served through a window for servicesor products. Examples are a restaurant orbank.“Driveway” means a strip of land, which providesvehicular access to one or two lots.18-8

ELECTRIC CITY MUNICIPAL CODE 18.05.010Duplex. See “Dwelling unit, two-family.”“Dwelling unit” means one or more roomsdesigned for occupancy by a person or family forliving and sleeping purposes, containing kitchenfacilities and rooms with internal accessibility, foruse solely by the dwelling’s occupants. Dwellingunits include factory-built housing and mobilehomes.“Dwelling unit, attached” means a dwelling unitseparated by less than six feet from another dwellingunit.“Dwelling unit, detached” means a dwellingunit separated by a minimum of six feet fromanother dwelling unit.“Dwelling unit, multiple-family” means one ormore structures containing three or more dwellingunits.“Dwelling unit, single-family” means a structurecontaining one dwelling unit designed exclusivelyfor occupancy by one family.“Dwelling unit, two-family (duplex)” means asingle structure containing two dwelling units andoccupied exclusively by one family per dwellingunit living independently of each other, and withseparate entrances.“Eating establishment” means a use providingpreparation and retail sale of food and beverages.“Ecology” means the Washington State Departmentof Ecology.“Effective date” means the date of final decision.“Electric City Municipal Code (ECMC)” meansthe various titles, chapters and sections adopted bythe city council, including this title.“Encroachment” means, as it relates to floodcontrol, any fill, structure, building, use, accessoryuse, or development in the floodplain or watercourse where, combined with all other existingdevelopment, it increases the base flood elevationmore than one foot at any point.“Enforcement officer” means a person authorizedto enforce the provisions of this title, includingthe prosecuting authority.“Enhancement” means an action, whichimproves the functions and values of a stream orwetland.“Environmental checklist” means a form prescribedby the Electric City SEPA official and thestate of Washington to identify the potential environmentalimpacts of a given proposal.“Environmental impact statement (EIS)” meansa draft, final, or supplemental written documentthat reviews the likely significant and nonsignificantadverse and positive impacts of a proposal,ways to avoid, minimize or lessen the adverseimpacts, and alternatives to the proposal.“Erosion” means the detachment and movementof soil or rock by water, wind, ice, or gravity.“Essential public facilities” means those facilitiesthat are typically difficult to site, such as airports,state education facilities and state or regionaltransportation facilities as defined in RCW47.06.140, state and local correctional facilities,solid waste handling facilities, and in-patient facilitiesincluding substance abuse facilities, mentalhealth facilities, and group homes. (RCW36.70A.200)“Excavation” means the mechanical removal ofearth.“Existing use” means the use of a lot or structureor improvements at the time of the enactment ofthis title.“Extended family living” means the use of anaccessory dwelling unit by an extended familymember(s) upon a single lot where the followingapply:(a) The primary lot tenant will not change;and(b) There exists between the primary andproposed secondary lot tenants an extended familyrelationship; or a caregiver arrangement is contemplated.An individual may be considered a “caregiver”when an arrangement for services consistentwith this title can be verified by the administrativeofficial; and(c) No more than one family as defined inthe state building code shall be allowed to occupyan accessory dwelling unit.“Extraction” means the commercial removal ofnaturally occurring materials from the earth,excluding water.“Facilities” means the physical structure orstructures in which a service is provided.“Family” means individuals related by genetics,adoption, marriage, or court-approved process or agroup of not more than five unrelated individualswho share a single dwelling unit.“Family member, extended” means individual(s)who is related by kinship of no less than thesecond degree as computed according to the rulesof the civil law, or is determined by the ElectricCity hearing examiner to be of a long-standingclose relationship, which can be attested to by adisinterested person.“Family member, immediate” means individual(s)who is related by blood, genetics, marriage,or court-approved process.18-9

18.05.010 GENERAL PROVISIONS“Farm” means land, buildings and machineryused in the commercial production of land-basedfarm products and meeting the definition of a farmin RCW 84.34.020.“Farm-based business” means an on-farm commercialenterprise devoted to the direct marketingof unprocessed and/or value-added and soil-dependentagricultural products that are produced or processedon site and which may be sold on site. Farmbasedbusinesses are intended to supplement farmincome, improve the efficiency of farming, andprovide employment to farm family members.Farm-based businesses are separate and distinctfrom agricultural support services, as definedherein.“Farm operation” means conditions or activitieswhich occur on a farm in connection with the commercialproduction of land-based farm products,and includes but is not limited to market produce atroadside stands or farm markets; preparation formarket, delivery to storage or to market, or to carriersfor transportation to market; transportation ofequipment; noise, dust, fumes, operation ofmachinery and irrigation pumps; ground and aerialseeding or spraying; application of chemical andorganic fertilizers, conditioners, insecticides, pesticidesand herbicides and associated drift of suchmaterials; and the employment and use of labor.“Feasible alternative” means:(1) An alternative that:(a) Meets the requirements of federal, state,and local laws and regulations;(b) Attains most or all of the basic objectivesof the project;(c) Is technically and technologically possible;(d) Can be accomplished at a reasonablecost;(e) Can be accomplished in a reasonableamount of time; and(f) Adverse environmental, health, andsafety effects are no greater than those of the originalproposal.(2) A determination of what is reasonable orfeasible is made by the decision maker on a casebycase basis, taking into account the:(a) Probable intensity, severity, and cumulativeimpacts of the original proposal and alternativeapproaches, and opportunity for the avoidance orreduction in the number, intensity, or severity ofsignificant impacts, or of the aggregate adverseimpact;(b) Risk of “upset conditions” (i.e., the riskthat the control and mitigation measure will fail, beoverwhelmed, or exceed allowed limits), and thepotential severity of the impact should control ormitigation measures be ineffective or fail;(c) Capital and operating costs;(d) Period of time to accomplish, costs ofadditional time or delay, and time constraints forcompletion; and(e) Location and site-specific factors, suchas seasonal or topographic constraints, environmentallysensitive areas (critical areas) and habitats(critical habitats), site accessibility, and localcommunity concerns.“Fence” means that which is constructed orcomposed of materials joined together in some definitemanner in which the prime purpose is to separate,partition, enclose or screen.“Festival site” means an indoor and/or outdoorsite used for musical, cultural, or social events. Siteand/or festival may be permanent or temporary.Filing. See “Recording.”“Filling” means deposition of earth materials byany purposive means.“Final decision” means the final decision by theadministrative official, hearing examiner, or citycouncil.“Fire flow” means the amount of water volumeneeded to provide fire suppression. Adequate fireflows are based on industry standards, typicallymeasured in gallons per minute (gpm). Continuousfire flow volumes and pressures are necessary toensure public safety. The fire flow volume shall bein addition to the requirements of the water systemfor domestic demand.“Floor area” means the area included within thesurrounding exterior walls of a building or portionthereof, exclusive of vent shafts and courts. Thefloor area of a building or portion thereof not providedwith surrounding exterior walls shall be theusable area under the horizontal projection of theroof or floor above.“Functional classification (FC)” is the groupingof highways, roads, and streets that serve similarfunctions into distinct systems or classes. Functionalclassification defines the primary role a roador street serves within the total existing or futurehighway network.“Functionally classified system” means all citystreets classified as a rural minor collector, urbancollector, or higher. (Local access roads are theonly roads that are not functionally classified.)“Generator” means any person, by site, whoseact or process produces dangerous waste or whoseact first causes a dangerous waste to become subjectto regulation under the dangerous waste regu-18-10

ELECTRIC CITY MUNICIPAL CODE 18.05.010lations, Chapter 173-303 WAC (WAC 173-303-040).“Grade” means existing or natural ground elevationprior to development or final ground elevationafter completion of approved filling or gradingactivity.“Grade, adjacent” means the average height ofexisting grade adjacent to a building.“Grade, existing” means the elevation of theground or site prior to any work being done or anychanges being made to the ground or site. Withrespect to a building or structure, grade is the lowestpoint of elevation of the finished surface of theground, paving, or sidewalk, within the areabetween the building and the property line or, whenthe property line is more than five feet from thebuilding, between the building and a line five feetfrom the building.“Grade, finished” means the final elevation ofthe ground level after development.“Grading” means stripping, cutting, filling, orstockpiling land including the land in its cut orfilled condition to create new grade.“Greenhouse” means a building whose roof andsides are made largely of glass or other transparentor translucent material and in which the temperatureand humidity can be regulated for the cultivationof delicate or out-of-season plants.“Gross area” means the total area includedwithin the boundaries of any parcel including landarea up to the centerline of any abutting public roadright-of-way.“Gross building area” means the total amount ofenclosed space, whether inhabited or uninhabited,on a lot.“Gross density” means the total number ofdwelling units divided by the gross area of the parcel.“Gross floor area” means and includes all floorarea within the exterior walls of a building, includingareas in halls, storage, and partitions.“Groundwater” means all waters that existbeneath the land surface or beneath the bed of anybody of surface water, whatever may be the geologicalformation or structure in which such waterstands or flows, percolates or otherwise moves.“Group home” means a residential occupancythat exceeds the definition of a “family” in a singlefamilyresidence/dwelling.“Growth Management Act (GMA)” (Chapter36.70A RCW) means the state of WashingtonGrowth Management Act as now enacted or hereafteramended.“Grubbing” means the removal of vegetativematter from underground such as sod, stumps,roots, buried logs, or other debris, and shall includethe incidental removal of topsoil to a depth notexceeding 12 inches.“Guest house (accessory dwelling unit)” meansa detached or attached accessory structure secondaryto the principal single-family residential unitdesigned and most commonly used for irregularresidential occupancy by family members, guests,and persons providing health care or propertymaintenance for the owner.“Habitat” means the place or type of site wherea plant or animal naturally or normally lives andgrows.“Halfway house” means a residence for juveniledelinquents or adult offenders leaving correctionaland/or mental institutions, or leaving rehabilitationcenters for alcohol and/or drug users, that providesresidentially oriented facilities for the rehabilitationor social adjustment of persons who needsupervision or assistance in becoming sociallyreoriented but who do not need institutional care.“Hangars” means covered areas and enclosedstructures for housing and repairing aircraft.“Hazardous substance” means any liquid, solid,gas, sludge, including any material, substance,product, commodity, or waste, regardless of quantity,that exhibits any of the characteristics or criteriaof hazardous waste. (RCW 70.105.010)“Hazardous waste” means dangerous waste andextremely hazardous waste, but not moderate riskwaste, all as defined in RCW 70.105.010.“Hazardous waste storage” means the holdingof dangerous waste for a temporary period as regulatedby the state of Washington dangerous wasteregulations, Chapter 173-303 WAC.“Hazardous waste treatment” means the physical,chemical or biological processing of dangerouswaste to make wastes nondangerous or less dangerous,safer for transport, amenable for energy ormaterial resource recovery, amenable for storageor reduced in volume.“Hazardous waste treatment and storage facility,off-site” means treatment and storage facilitiesthat treat and store waste from generators on propertiesother than those on which the treatment andstorage facilities are located.“Hazardous waste treatment and storage facility,on-site” means treatment and storage facilitiesthat treat and store wastes generated on the samegeographically contiguous or bordering property.“Health care facility” includes alcoholism/substanceabuse treatment facilities, hospices, hospi-18-11

18.05.010 GENERAL PROVISIONStals, psychiatric hospitals, convalescent or nursinghomes, ambulatory surgical facilities, and sanitariums.“Health officer” means the health officer ofGrant County or his authorized representative.“Hearing examiner” means the city of ElectricCity hearing examiner, an appointed officer of theCity who shall interpret, review and implement thecity’s land use regulations as provided in this title.“Heavy industrial use” means a use engaged inthe basic processing and manufacturing of materialsor products predominantly from extracted orraw materials; a use engaged in storage of or manufacturingprocesses using flammable, hazardousor explosive materials.“Height, airport safety overlay zone” means, forthe purpose of determining the height limits in allzones set forth in these zones, and shown on theofficial map, the datum shall be mean sea level elevation,unless otherwise specified.“Helipads” means areas for landing and take-offof rotary-wing aircraft, but not adequate for fixedwingaircraft.“Highway Capacity Manual (HCM)” means adocument which presents a collection of techniquesfor determining lane capacity and the bestmethodologies available at the time of publicationfor determining congestion based on quality of serviceor level of service for streets, roads, and highways.“Historic site” includes both archaeological andhistoric sites, structures, or development whichcontributes to Electric City’s cultural and historicheritage, including but not limited to Indian andpioneer settlements, old buildings, forts, trails,landings, bridges, or the sites thereof together withinterpretive facilities.“Hog ranch,” for the purpose of this title, consistsof more than 20 mature animals (six months ofage or older) and their young, whether the hogs areall or only part of the farming operation. Sale ofhogs is not essential for the operation to be classifiedas a hog ranch.“Home occupation” means a small-scale commercialactivity on residential parcels, subordinateto the primary residential use, conducted in wholeor in part in either the resident’s single-familydwelling unit or in an accessory building, and conductedby one or more residents of a single-familyresidence and not more than two additionalemployees not residing at the residence. Subject tothe performance and use-specific standards setforth in Chapters 18.40 and 18.45 ECMC.“Homeowners’ association” means an incorporated,nonprofit organization operating underrecorded land agreements through which (1) eachlot owner is automatically a member; (2) each lot isautomatically subject to a charge for a proportionateshare of the expenses for the organization’sactivities, such as maintaining common property;and (3) a charge, if unpaid, becomes a lien againstthe property.“Hospice care facility” means an establishmentthat provides palliative care provided to terminallyill persons in a place of temporary or permanentresidence that alleviates physical symptoms,including pain, as well as alleviates the emotionaland spiritual discomfort associated with dying.“Hospital” means a building designed and usedfor medical and surgical diagnosis, treatment, andhousing of persons, which may include overnightstay. Rest homes, nursing homes, convalescenthomes and clinics are not included.“Hotel” means an establishment primarilyengaged in providing short-term lodging, typicallyhoused in a single structure, and which may offerfood and beverage services, recreational services,conference rooms and convention services, laundryservices, parking, and other services.“Illegal use” means any use of land or a structurewhich is inconsistent with current codes orwas inconsistent with previous codes in effectwhen the use or structure was established. An illegaluse is different than a “nonconforming use.”“Illicit discharge” means all nonstormwater dischargesto stormwater drainage systems that causeor contribute to a violation of state water quality,sediment quality, or groundwater quality standardsincluding, but not limited to, sanitary sewer connections,industrial process water, interior floordrains, and gray water systems.“Impervious surface” means a hard surface areawhich either prevents or retards the entry of waterinto the soil mantle as under natural conditionsprior to development. Impervious surface shall alsoinclude a hard surface area which causes water torun off the surface in greater quantities or at anincreased rate of flow from the flow present undernatural conditions prior to development. Commonimpervious surfaces include but are not limited toroof tops, walkways, patios, driveways, parkinglots or storage areas, concrete or asphalt paving,gravel roads with compacted subgrade, packedearthen materials, and oiled, macadam or other surfaceswhich similarly impede the natural infiltrationof stormwater. Open, uncovered reten-18-12

ELECTRIC CITY MUNICIPAL CODE 18.05.010tion/detention facilities shall not be considered asimpervious surfaces.“Incidental” means subordinate to, minor in significance,and bearing a reasonable relationshipwith the primary use.“Individual road concurrency” means concurrencybased on traditional A through F LOS rankingsrelated to specific city street segments and tocity/county/state road intersections using the HighwayCapacity Manual.“Indoor recreation and entertainment facilities”means structures and places designed and equippedfor indoor leisure-time activities, including, but notlimited to, physical fitness clubs, skating rinks,bowling alleys, sports courts, theaters, and dramatic,operatic, musical or other performance, forwhich admission is charged.“Industrial development” means facilities forthe processing, manufacture, or storage of finishedor partially finished goods.“Industrial use” means activities predominantlyassociated with manufacturing, assembly, processing,or storage of products.“Infrastructure” means existing installed facilitiesand services including capital facilities such aswater supply, sewage disposal, and storm drainagesystems, and transportation facilities such as publicroads.“Innocent purchaser for value” means a purchaser,not a donee, heir or devisee, that acts ingood faith to purchase property for valuable considerationwithout actual or constructive notice thatthe land was illegally subdivided.“Institutional facilities or development” meansstructures and related activity areas used by organizationsproviding educational, social, or noncommercialrecreational services to the community,including performance halls, government serviceoffices, fairgrounds, facilities for assembly, colleges,primary and secondary schools, museum,and libraries.“Intensity” means a measure of land use activitybased on density, use, mass, size and impact.“Intensive” means highly concentrated, verylarge, or considerable, in terms of Electric Citystandards and development.“Interlocal agreement” means any agreementbetween the city and a district, county or city whichsets forth certain terms relating to the planning,zoning, and regulation of development and otherissues within an urban growth area.“Interpretive center” means building(s) or sitededicated to public education about local or areaecology, natural history, human history, or othersimilar subjects. An interpretive center mayinclude a small store, cafeteria, and auditorium, butdoes not include overnight stays.“Judgment” means any final decision in aninfraction case, including, but not limited to, a findingentered after a hearing governed by these rulesor after payment of a monetary penalty in lieu of ahearing.“Junk yard” means a primary or accessory use ofstructures or land for storage, recycling, dismantlingor selling of cast-off, unused, scrap, or salvagematerial of any sort.“Kennel” means any lot or premises on whichfour or more dogs over four months of age are kept.“Kitchen” means a room used for cooking orpreparing food.“Lake” means a naturally or artificially createdbody of deep (generally greater than 6.6 feet) openwater, 20 acres or greater, that persists throughoutthe year and meets the definitional criteria for adeepwater habitat. For the purposes of this title,those portions of a lake that meet the definitionalcriteria for “wetland” shall be regulated under thewetland section of this title.“Land disturbing activity” means any activitythat results in a change in the existing soil cover(both vegetative and nonvegetative) and/or theexisting soil topography. Land disturbing activitiesinclude but are not limited to demolition, construction,paving, clearing, grading, and grubbing.“Land owner” means the legal or beneficialowner or owners of land, a contract purchaser, orany other person having an enforceable proprietaryinterest in the land.“Landfill” means the placement of soil, rock,gravel, existing sediment, or other material(excluding solid waste) to create new land, or bottomland, along the shoreline below the ordinaryhigh water mark or on upland areas or wetlands, inorder to raise the elevation.“Landscaped” means an area in lawn, shrubbery,wood chips, rock, or other material that ismaintained and kept free of debris and other nuisances.“Landslide” means downslope movement of amass of soil, rock, snow or ice including, but notlimited to rock falls, slumps, mud flows, debrisflows, torrents, earth flows and snow avalanches.“Landslide hazard areas” means those areaspotentially subject to landslides based upon a combinationof geologic, topographic and hydrologicfactors specified in Grant County Code Section24.08.500.18-13

18.05.010 GENERAL PROVISIONS“Lease” means a contract between the ownerand lessee giving the right to use the land.“Legal ownership” means the proprietary interestof a land owner.“Legislative authority” means the governingauthority of the city of Electric City, namely thecity council.“Level of service (LOS) standard” means anestablished minimum capacity of public facilitiesor services that must be provided per unit ofdemand or other appropriate measure of need. Fortransportation, an A through F scale is frequentlyused to reflect level of service and to designate anLOS standard.“Light industrial” means a use involving basicprocessing and manufacturing of materials or productspredominantly from previously preparedmaterials or finished products or parts, includingprocessing, fabrication, assembly, treatment, packaging,incidental storage, sales, and distribution ofsuch products, but excluding basic processing ofraw materials except food products.“Livestock” means cattle, bison, sheep, goats,swine, horses, mules, llamas, ostriches and otherpoultry, and other like animals.“Livestock maintenance” means the managementof livestock, including feeding, herding, shelteringand similar activities, in numbers greater thanthose defined as domestic animal maintenance.“Lodge” means a fraternal organization or club;a group of people formally organized for a commoninterest, usually cultural, religious, or entertainment,with regular meetings, rituals, and formalor informal written membership requirements.May include eating and/or drinking facilities formembers or meeting or reception halls.“Long-term commercial significance” includesthe growing capacity, productivity, and soil compositionof the land for long-term commercial production,in consideration with the land’s proximityto population areas, and the possibility of moreintense uses of the land.“Lot area” means the total horizontal area (insquare footage) within the boundary lines of the lot.“Lot coverage” means the portion of the lot coveredby structures and impervious surfacesexpressed as a percentage of the total lot area.“Lot line, front” means, in the case of an interiorlot, the lot line separating the lot from the streetother than an alley, and in the case of a corner lot,the lot line separating the lot from the street otherthan an alley on that side of the lot providing primaryaccess to the lot.“Lot line, rear” means the line which is oppositeand most distant from the front line. In the case oftrapezoidal or nonrectangular lots, the rear lot lineis that line with the greatest portion furthest fromthe front lot line. Should this line be less than 10linear feet or should the lot be triangular or pentagonal,then the new rear lot line measuring exactly10 linear feet between adjacent lot lines shall belocated perpendicular to an imaginary line drawn18-14

ELECTRIC CITY MUNICIPAL CODE 18.05.010from the midpoint of the front lot line to a point onthe lot lines furthest from the point of beginning ofthe imaginary line.“Lot of record” means any lot recorded with theGrant County auditor that may or may not havebeen legally divided in compliance with ECMCTitle 17.“Lot of record, legal” means any separatelydescribed parcel or lot that:(a) Was created by a subdivision, short subdivisionor boundary line adjustment approved byElectric City pursuant to ECMC Title 17;(b) Was created in a segregation exemptfrom subdivision requirements;(c) Was created pursuant to any previouslaws governing subdivision or segregation of land;or(d) Was otherwise legally established; andis recorded with the Grant County auditor.“Lot, panhandled” means a lot which sits behindanother lot and obtains access to the main accessroad via a narrow driveway strip.“Lot size” means the total horizontal squarefootage area within property lines; provided, thatarea may include the portion of the property thatwas dedicated to the public or private street rightof-way.“Lot, substandard” means a lot which does notmeet the minimum size, width or density requirementsor is unable to meet the minimum setbackrequirements of the zone.“Lot, through” means a lot having two oppositelot lines abutting public streets which are usuallymore or less parallel to each other; not a corner lot.Both lot lines abutting streets shall be deemed frontlot lines.“Lot width” means the length of the front lotline, or the distance between two side lot lines measuredat the front setback line, whichever is greater.“Main building” means a building used for theprimary or predominant use to which the propertyis or may be devoted, and to which all other uses onthe premises are accessory.“Maintain” means to preserve and care for astructure, improvement, or area to such an extentthat it remains attractive, safe, and presentable andcarries out the purpose for which it was installed orconstructed.“Maintenance agreement” means a writtenagreement between parties to physically maintain afacility for common use in a manner which conformsto standards of adequacy specified in such anagreement.Maintenance and Repair, Normal. “Normalmaintenance” includes those acts to prevent adecline, lapse, or cessation from a lawfully establishedcondition. “Normal repair” means to restorea development to a state comparable to its originalcondition within a reasonable period after decay orpartial destruction. Normal maintenance and repairdo not include maintenance and repair that causessubstantial adverse effects to shoreline resources orenvironment. (WAC 173-27-040)“Maintenance covenant, drainage” means abinding agreement between Electric City and theperson or persons holding title to a property servedby a stormwater and drainage facility whereby theproperty owner promises to maintain certainstormwater and drainage facilities. The propertyowner shall also grant the city the right to enter thesubject property to inspect and to make certainrepairs, or perform certain maintenance procedureson the stormwater control facilities when the propertyowner has not performed repairs or maintenance.The property owner will be required toreimburse the city for the cost should the city performsuch repairs or maintenance.“Maintenance, drainage” means any activitythat is necessary to keep a stormwater and drainagefacility in good working order so as to function asdesigned. Maintenance shall include completereconstruction of a stormwater and drainage facilityif reconstruction is needed in order to return thefacility to good working order. Maintenance shallalso include the correction of any problem on the18-15

18.05.010 GENERAL PROVISIONSsite property that may directly impair the functionsof the stormwater and drainage facilities.“Manufactured home” means a single-familydwelling built according to the U.S. Department ofHousing and Urban Development ManufacturedHome Construction and Safety Standards Act,which is a national preemptive building code. Amanufactured home also:(a) Includes plumbing, heating, air conditioning,and electrical systems;(b) Is built on a permanent chassis; and(c) Can be transported in one or more sectionswith each section at least eight feet wide and40 feet long when transported, or when installed onthe site is 320 square feet or greater (RCW59.20.030).A manufactured home bears an insignia issuedby a state or federal regulatory agency indicatingthat the structure complies with all applicable constructionstandards of the definition of a manufacturedhome.“Manufacturing” means the mechanical orchemical transformation of materials or substancesinto new products, including the assembling ofcomponent parts, the creation of products, and theblending of materials, such as lubricating oils, plastics,resins, or liquors.“Marina” means a facility that provides wetmoorage or dry storage, supplies, and services forpleasure craft and some types of commercial craft.Boat-launching facilities may also be provided at amarina; a marina may be either open to the publicor for private use.“Master planned resort” means a self-containedand fully integrated planned unit development in asetting of significant natural amenities, with primaryfocus on destination resort facilities consistingof short-term visitor accommodationsassociated with a range of on-site indoor or outdoorrecreational facilities.“Mini-storage facility” means a single-storystructure or structures containing separate, individual,and private storage spaces of varying sizesleased or rented individually for varying periods oftime for the storage of customers’ goods or wares.“Minor revision” means a minor adjustment to apreliminary plat based upon the commentsreceived from agencies with jurisdiction or correctionsto the engineering of the layout of the plat.The decision as to whether any modification to acomplete application is a “minor revision” shall bedetermined by the administrative official.“Mixed use” means mixed use buildings, typicallywith residential units above or beside a storyof two of commercial spaces. The mixed use districtallows for a mixture of residential housingtypes and densities; commercial, office, and institutionaluses, parks and recreation uses; and publicuses.“Mobile home” means a factory-built dwellingbuilt prior to June 15, 1976, which does not meetapplicable requirements of the U.S. Department ofHousing and Urban Development ManufacturedHome Construction and Safety Standards Act;designed to be transportable in one or more sections;and built on a permanent chassis. Mobilehomes do not include modular homes, manufacturedhomes, factory-built housing, commercialcoach, recreational vehicle or motor homes.“Modular (factory-built) home” means a residentialdwelling unit composed of componentsassembled in a manufacturing plant and transportedto the building site for final assembly on apermanent foundation, which meets the requirementsof the state building code. May consist oftwo sections transported to the site in a mannersimilar to a mobile home, or a series of panels orroom sections transported on a truck and erected orjoined together on the site. Modular homes do notinclude mobile or manufactured homes.“Motel” means an establishment primarilyengaged in providing short-term lodging, andwhich may offer food and beverage services, recreationalservices, laundry services, and other services,but which does not offer conference rooms,convention services, or parking services.“Motor home” means a motor vehicle originallydesigned, reconstructed, or permanently altered toprovide facilities for human habitation, whichinclude lodging, cooking, and sewage disposal, andenclosed with a solid body shell with the vehicle,but excluding a camper or similar unit constructedseparately and affixed to a motor vehicle. (RCW46.04.305)“Multifamily residential use” means a multifamilydwelling, residential condominium, assistedliving facility, retirement home, or other structureor development intended for long-term (monthly orlonger) residential occupancy by more than twofamilies. Compare “Dwelling, multifamily.”“Neighborhood” means an area which is recognizedas a distinct entity by virtue of certain factors,such as: definite boundaries, natural ormanmade; history; architecture; facilities whichattract people within a certain radius; or a sharedsense of identity or social cohesion.18-16

ELECTRIC CITY MUNICIPAL CODE 18.05.010“New construction” means structures for whichthe start of construction commenced on or after theeffective date of this title.“Noise” means any sound not occurring in thenatural environment which causes or tends to causean adverse psychological or physiological effect onhumans.“Nonconformance” or “nonconforming” meansany use, improvement, site, lot, parcel, or structureestablished in conformance with Electric City rulesand regulations in effect at the time of establishmentthat no longer conforms to the range of usespermitted in the site’s current zoning or to the currentdevelopment standards of this title due tochanges in this title or its application to the subjectproperty. Nonconformity is different than and notto be confused with illegality (see “illegal use”).“Nonconforming structure or building” means astructure or building that was lawfully establishedand maintained at the effective date of this title, butwhich because of the application of this title to it,does not conform to the size, dimensions, location,or development standards, or other regulations prescribedfor the zoning district in which it is located.“Nuisance” means all violations of land useordinances, statutes and regulations contained inthis title are hereby declared to be detrimental tothe public health, safety and welfare and as suchshall constitute public nuisances.“Nursery” means land used for the storage, cultivation,or transplanting of live trees, shrubs, orplants offered for sale on or off the premisesincluding products used for gardening or landscaping.Wholesale nurseries do not have associatedsales buildings, while retail nurseries may haveassociated sales buildings.“Nursing home” means a facility or residencethat provides health or long-term care services toresidents, including nursing or other supportive orrestorative health services on a 24-hour basis(RCW 43.190.020), duly licensed by the state ofWashington as a “nursing home” in accordancewith current state statutes.“Occupancy” pertains to and is the purpose forwhich a building is used or intended to be used. Achange of occupancy is not intended to include achange of tenants or proprietors.“Occupancy, permanent” means habitation of aresidence year round, or connected to permanentservices or utilities for three consecutive months orlonger.“Occupancy, temporary” means habitation of aresidence for less than 12 months, or connected topermanent services or utilities for less than threeconsecutive months.“Office” means a commercial use which providesgovernment, business, professional, medical,financial or personal services for the nondailyneeds of individuals, groups or organizations.“Official zoning maps controls” means legislativelydefined maps delineating the various zoningdistricts of Electric City. The official zoning mapsshow the zoning of specific parcels of land.“Official signs” are directional and other signsor notices erected and maintained by public officesor agencies pursuant to and in accordance withcity, county, state or federal law for the purpose ofcarrying out an official duty or responsibility.“Off-premises sign” means a sign advertising abusiness or product not located on the premiseswhere it is produced or sold.“Off-road vehicle park” means designatedparks/trails for off-road vehicles to serve more thanimmediate family living on the site.“Off-site hazardous waste treatment and storage”means facilities that treat and store wastefrom generators on properties other than those onwhich the off-site facilities are located.“Off-street parking” means parking space(s)provided beyond the right-of-way of a highway,street or alley.“Ongoing agriculture” means the continuationof any existing agricultural activity on land designatedas “Agricultural Resource Land of Long-Term Commercial Significance” including croprotations. Activities undertaken for the first timeafter September 30, 1999, do not constitute “ongoingagriculture.”“On-site hazardous waste treatment and storage”means facilities that treat and store wastesgenerated on the same, geographically contiguous,or bordering property.“Open space” means any land area the preservationof which in its present use would conserve andenhance natural or scenic resources; or protectstreams or water supplies; or promote conservationof soils, wetlands, beaches or tidal marshes; orenhance the value to the public of abutting orneighboring parks, forests, wildlife preserves,nature reservations; or sanctuaries or other openspace; or enhance recreation opportunities; or preservehistoric sites.18-17

18.05.010 GENERAL PROVISIONS“Operator” means any person who is in actualphysical or electronic control of a powered watercraft,motor vehicle, aircraft, off-highway vehicle,or any other engine-driven vehicle.“Ordinary high water mark (OHWM)” meansthe mark on the shores of all water which will befound by examining the bed and banks and ascertainingwhere the presence and action of waters areso common and usual, and so long continued in allordinary years, as to mark upon the soil a characterdistinct from that of the abutting upland, in respectto vegetation; provided, that in any area where theordinary high water mark cannot be found, theordinary high water mark adjoining saltwater shallbe the line of mean highest high tide and the ordinaryhigh water mark adjoining freshwater shall bethe line of mean high water. (WAC 173-22-030)“Outdoor advertising” means all publicly displayedmessages such as signs, billboards, placards,pennants or posters, whose purpose is toprovide official and commercial information,direction and advertising.“Outdoor commercial amusement facilities”means those facilities of a permanent natureinvolving assembly of people, such as drive-in theaters,race tracks, rodeos, waterparks and swimmingpools, miniature golf courses, zoos, and othersimilar uses.“Outdoor recreation development” means apublicly used outdoor facility for recreation,including community parks; facilities for outdoorsports, including golf courses, outdoor shootingand archery ranges, recreational racetracks, waterski lakes, and ORV/ATV parks; major campgrounds;and similar developments.“Outdoor storage” means the storage of goodsand materials out-of-doors for periods exceeding48 hours.“Overlay zoning district” means a zoning districtthat is applied to a specified area warrantingspecific recognition and management in addition toan underlying or base zone. Properties within anoverlay zone are subject to the requirements ofboth the underlying zone and the overlay zone.“Overnight lodging facility” means an individualbuilding or group of attached or detached buildingscontaining guest rooms, together withconveniently located parking space on the samelot, which is designed, used or intended to be usedfor overnight accommodation of transients, such asa hotel or motel, but does not include hospitalitycommercial establishments such as bed and breakfastinns, bed and breakfast residences, guestranches and transient residence or transient guesthouse.“Owner” means any person, agent, firm or corporationhaving a legal or equitable interest in theproperty.“Owner occupancy” means a property owner asreflected in title records who makes his or her legalresidence at the site and who resides at the sitemore than six months out of any given year.Parcel. See “Lot.”“Park” means a public or privately owned areawith day-use facilities or areas for outdoor passiverecreational use by the public.“Park and ride” means a designated parkingfacility specifically intended for use by publictransportation and ridesharing patrons.“Park model recreational vehicle” means a recreationalvehicle.“Parking facility” means a land area or structurethat is devoted exclusively to the temporary parkingor storage of motor vehicles for which a feemay or may not be charged, and where no serviceor repairs of any kind are furnished.“Parking space, off-street” means an off-streetspace with a minimum of nine feet in width and 20feet in length used for or designated for the parkingof motor vehicles, together with the area requiredto provide reasonable access to and from eachspace.“Peak discharge” the maximum surface waterrunoff rate determined for the design storm.“Performance and use-specific standards” providecriteria for testing the degree of hazard, environmentaldamage, or nuisance from land useactivities creating smoke, dust, noise, glare, odor,erosion and sediment, runoff, liquid, solid, or airbornewastes, fumes or traffic.“Performance standards, general” means a set ofcriteria or limits relating to certain characteristicsthat a particular use or process may not exceed.“Permit exemption statement” means a writtenstatement of the administrative official, based onadministrative findings and conclusions, that aland use or development activity is consistent withthis title and the comprehensive plan, and is notsubject to permit requirements of this title.“Permit review” means the process of reviewingapplications for project permits for consistencywith the requirements of this title.“Permitted use” means any use authorized orpermitted alone or in conjunction with another usein a specified zone and subject to the limitations ofthe regulations of such zone.18-18

ELECTRIC CITY MUNICIPAL CODE 18.05.010“Permittee” means the entity to whom a permitis granted.“Person” means any individual, owner, contractor,tenant, partnership, corporation, association,organization, cooperative, public or municipal corporationagency of a state or local governmentalunit however designated, public or private institution,or an employee or agent of any of the foregoingentities; or an applicant, a reapplicant, a permitholder, an authorized agent of any entity, or anythird party acting on behalf of any entity.“Personal and professional services” means, forthe purposes of this title, establishments primarilyengaged in providing assistance, as opposed toproducts, to individuals, business, industry, government,and other enterprises, not listed specificallyin this title as a distinct use for regulatorypurpose, such as laundry and dry cleaning services;barber shops and beauty salons; legal, engineering,architectural, design and accounting services, andthe like.“Planning commission” means the duly constitutedand appointed city of Electric City planningcommission.“Playing field” means a land area designed andused for outdoor games, such as baseball, football,soccer, track events and tennis. It includes publicoutdoor swimming pools.“Pollution” means contamination or other alterationof the physical, chemical, or biological propertiesof waters of the state. Pollution includes butis not limited to change in temperature, taste, color,turbidity, or odor of the waters, or such dischargeof any liquid, gaseous, solid, radioactive, or othersubstance into any water body.“Potable water” means water which meets thequality standards for human drinking purposes.“Potentially incompatible land use” means aland use or uses deemed potentially incompatiblewithin an airport safety overlay zone, includingthose land uses:(a) That are of such intensity as to potentiallyendanger public health, safety or welfare,such as manufactured or mobile home parks,schools, places of public assembly, and multifamilyresidential uses; and(b) Constituting airspace hazards, as determinedby the administrative official.“Predevelopment conditions” means site conditionsas they existed prior to manmade alterationsother than those alterations that have been madewith a prior Electric City approved stormwaterdrainage plan, or alterations that existed prior to theeffective date of this title.“Premises” means a house or building with thegrounds, etc., belonging to it.“Preschool” means a school for children whichis attended prior to kindergarten or elementaryschool.“Primary or principal building or use” meansthat structure or use for which a property is primarilyused, that may be either permitted outright orthrough a special use process.“Primary surface” means a surface longitudinallycentered on an aircraft runway. The primarysurface extends 200 feet beyond each end of therunway. The width of the primary surface is 250feet. The elevation of any point on the primary surfaceis the same as the elevation of the nearest pointon the runway centerline along its length.“Principal dwelling” means the residentialstructure that contains the principal use on a lot.“Private street” means a way that is privatelybuilt and maintained which affords the primarymeans of access to a planned development district,manufactured or mobile home park, or recreationalvehicle park.“Processing” or “handling” means the use, storage,manufacture, production, or other land useactivity involving hazardous substances. Hazardoussubstances processing and handling activitiesare normally found in commercial, manufacturing,and industrial zones. It does not include individuallypackaged household consumer products orquantities of hazardous substances of less than fivegallons in volume per container.“Professional engineer” means a person who isqualified to practice civil engineering as attested bythe engineer’s legal registration as a professionalengineer in the state of Washington.“Project” means a proposal for development.“Project area” means that portion of contiguousownership, included in a site plan, that is the subjectof a development proposal.“Project concurrency review” means a systemof reviewing specific development projects toensure that development permits are issued onlyafter it is demonstrated that the levels of service onconcurrency facilities and services will not bedegraded below the adopted level of service standardsfor these facilities and services. This systeminvolves an application filed by the permit applicant,a concurrency determination for facilities andservices made by the concurrency facility and servicesprovider and a final concurrency decisionmade by the project permit decision maker.“Project occupancy” means the time when adevelopment project is ready to be occupied and18-19

18.05.010 GENERAL PROVISIONSwill use concurrency facilities and services. It shallbe assumed that the entire proposed developmentwill be occupied upon issuance of the initial occupancypermit for the project.“Project permit” or “project permit application”means any land use or environmental permit orlicense required from a local government for aproject action, including but not limited to buildingpermits, subdivisions, binding site plans, plannedunit developments, conditional uses, shoreline substantialdevelopment permits, site plan review, permitsor approvals required by critical areasordinances, site-specific rezones authorized by acomprehensive plan or subarea plan, but excludingthe adoption or amendment of a comprehensiveplan, subarea plan, or development regulationexcept as otherwise specifically included in thissection.“Provision” means any written language containedin this title, including without limitation, anydefinition, policy, goal, regulation, requirement,standard, authorization, or prohibition.“Public facilities” means government or quasigovernmentowned and operated facilities, includingbut not limited to, streets, roads, highways,sidewalks, street and road lighting systems, trafficsignals, domestic water systems, storm and sanitarysewer systems, parks and recreational facilities,government buildings, court systems, lawenforcement and corrections systems, hospitals,and schools.“Public hearing” means a hearing at which evidenceis presented and testimony is taken.“Public schools” means a building (andgrounds) or part thereof designed, constructed, orused for publicly operated education and orinstruction.“Public services” means services available toand used by the general public. They may be, butare not necessarily, provided by a public agency forfire protection and suppression, law enforcement,public health, education, recreation, environmentalprotection, and other governmental services.(RCW 36.70A.030(13))“Public transportation” means a variety of passengertransportation services available to the publicincluding buses, ferries, rideshare, or rail transit.“Public utilities” include systems for the deliveryof water, sewer, natural gas, electricity, andtelecommunications services.“Qualified archaeologist” means a person havingrelevant expertise in archaeology and who hasa degree in a related field from an accredited collegeor university or who has equivalent trainingand substantial demonstrated experience as a practicingspecialist, such qualifications having beendemonstrated to the satisfaction of the administrativeofficial.“Race track, recreational” means a designatedcourse designed to provide competitive racing formotor vehicles, motorcycles, bicycles, or animalswhich serves the local area only, includes facilitiesfor less than 250 spectators.“RCW” means the Revised Code of WashingtonState.“Recording” means the filing of a document(s)for recordation with the county auditor.“Recreation” means activities associated withany form of play, amusement, or relaxation, suchas games, sports, or hobbies.“Recreational vehicle (RV)” means a vehiculartypeunit primarily designed for recreational camping,travel, or seasonal use which has its own motorpower or is mounted on or towed by another vehicle;includes travel trailers, fifth wheel trailers,folding camping trailers, park model trailers, truckcampers, motor homes and multi-use vehicles(RCW 43.22.335); or, any structure inspected,approved and designated a recreational vehicle byand bearing the insignia of the state of Washingtonor any other state or federal agency having theauthority to approve recreational vehicles.“Recycling” means the process of segregatingsolid waste for sale, processing, and beneficial use.Recyclable materials which can be removedthrough recycling include but are not limited tonewsprint, cardboard, aluminum, glass, plastics,and ferrous metal. Recycling does not includecombustion of solid waste or preparation of a fuelfrom solid waste.“Recycling center” means a area, with or withoutbuildings, upon which the recyclable materialsare separated and processed for shipment.“Recycling collection point” means a neighborhooddrop-off point for temporary storage of recyclablematerials but without waste processing.“Redevelopment” means any land disturbingactivity occurring on existing developed property.“Regulation” means a statute, an administrativerule, or an adjudicatory decision.“Religious assembly facility” means a facilitydesigned and used primarily for ceremonies, rituals,and education pertaining to a particular systemof spiritual beliefs.“Residential care facility” means a facility thatprovides care for at least five, but not more than 15,functionally disabled persons that is not licensed18-20

ELECTRIC CITY MUNICIPAL CODE 18.05.010pursuant to Chapter 70.128 RCW. May includeadult care facilities, group care facilities, licensedboarding homes, or safe/shelter homes.“Residential development” means developmentof land with dwelling units for nontransient occupancy.For the purposes of this title, guest houses,garages, and other similar structures accessory to adwelling unit shall also be considered residentialdevelopment unless regulated otherwise by thistitle. (See also “Dwelling unit” and “Guest house(accessory dwelling unit).”)“Residential lot” means a designated parcel,tract, or area of land established by plat, subdivision,or as otherwise permitted by law, to be separatelyowned, used, developed, or built upon forresidential use.“Residential structure” means all structuresserving or designed as a dwelling unit, residence orfor occupation by residents.“Residential use” is used for all types of dwellingunits such as single-, two- and multifamilyhousing including mobile/modular homes.“Resort” means a land area devoted to providingcommercial recreational facilities and related lodgings,sales, and personal services primarily servingvacationers, which may or may not include residentialuses. (See “Master planned resort.”)“Restriction” means a limitation placed uponthe use of parcel(s) of land.“Retail” means establishments engaged in sellingmerchandise for personal or household consumptionand rendering services incidental to thesale of the goods. Retail establishments generallybuy goods for resale and are engaged in activitiesto attract the general public to buy. The establishmentmay process or manufacture some of its products(such as a jeweler or bakery), but suchprocessing or manufacturing is incidental or subordinateto the selling activities.“Retirement home” means an establishmentproviding domestic care for elderly persons whoare not in need of medical or nursing treatmentexcept in the case of temporary illness, developedand operated in compliance with all federal, state,and local regulations. This definition does notinclude nursing, convalescent, or rest homes, hospitals,or sanitariums.“Rezone” means a change in zone classificationfrom one zoning district to another.“Rezone, major” means an amendment to theofficial zoning map that is contingent upon legislativeapproval of a comprehensive plan amendment.“Rezone, minor” means an amendment to theofficial zoning map that is not contingent upon legislativeapproval of a comprehensive plan amendmentand is consistent with the goals and policiesof the comprehensive plan. Such minor zoningamendments are limited to a discrete piece of propertyin single ownership.“Right-to-farm provisions” means provisionsintended to enhance and encourage agriculturaloperations by recognizing agricultural activities asessential rural activities that do not constitute a nuisance.“Road” means an improved and maintainedpublic or private right-of-way which providesvehicular access to abutting properties, and whichmay also include provision for public utilities,pedestrian access, cut-and-fill slopes, and drainageways.“Road approach” means a private roadway ordriveway built or constructed to allow access fromprivate property to a city street.“Road frontage” means the length along a roadwhich a structure, business, or lot abuts or fronts.“Roadside retail sales stand” means a roadsidearea and/or structure, with limited space for customerswithin the structure itself, dedicated exclusivelyto the display and sale of agriculturalproducts produced in Grant County, at least a portionof which must be grown on site.“Roadside retail sales stand, permanent” meansa roadside retail sales stand operating for more thansix months per year.“Roadside retail sales stand, seasonal” means aroadside retail sales stand operating only during theharvest season, and for less than six months peryear.“Roadway width” means the portion of a roadwaybetween curbs or including shoulders intendedfor vehicular use.“Runoff” means water from rain, snowmelt, orirrigation that is not absorbed into the soil, butflows over the ground surface following the topographyand returns to streams.“Runway” means the defined area at an airport,airfield, or airstrip indicated for landing and takeoffof aircraft along its length.“Runway protection zone” means a trapezoidalarea representing the ground level at the innermostportion of the runway approach as defined in therespective airport master plan.“Sale” means the transfer for consideration oflegal or beneficial ownership.“Sanitarium” means a health station or retreat orother place where resident patients are kept, andwhich specializes in giving clinical, temporary andemergency services of a medical or surgical nature18-21

18.05.010 GENERAL PROVISIONSto patients and injured persons and is licensed bythe state under provision of law to provide facilitiesand services in surgery, obstetrics, and generalmedical practice as distinguished from treatment ofmental and nervous disorders.“Sanitary sewer systems” means all facilities,including approved on-site disposal facilities, usedin the collection, transmission, storage, treatmentof discharge of any waterborne waste, whetherdomestic in origin or a combination of domestic,commercial, or industrial waste.“School, elementary and secondary” meanspublic or private institutions of learning having acurriculum below the college level as required bythe common school provisions of the state ofWashington.“Screening” means fencing, earth berming, treesand other vegetation to provide visual separation ofadjacent parcels or uses.“Senior citizen dwelling” shall be defined as privateor subsidized apartment housing for individuals62 years of age or older.“SEPA” means the Washington State EnvironmentalPolicy Act. SEPA requires state agencies,local governments and other lead agencies to considerenvironmental factors when making mosttypes of permit decisions, especially for developmentproposals of a significant scale. As part of theSEPA process, EISs may be required to be preparedand public comments solicited. (Chapter43.21C RCW)“Septage” means the mixture of solid, semisolid,and liquid wastes, scum, and sludge that ispumped from within the septic tanks, pump chambers,holding tanks, and other septic system components.“Service area” means an area identified by apublic water or sewer system that includes existingand future service.“Service station” means a retail business establishmentsupplying gasoline, oil, accessories andminor service for automobiles.“Setback, front” is the minimum horizontal distancemeasured perpendicularly from the propertyline to the nearest protrusion (including roof line)of a structure.“Setback, side and rear” is the minimum horizontaldistance measured perpendicularly from thenearest property line to the nearest protrusion(including roof line) of a structure, except that aside setback on a corner lot, along the adjacentright-of-way, shall be measured perpendicularlyfrom the centerline of the right-of-way.“Sewer” means the closed pipe which carriesraw sewage from a home or business to a treatmentfacility.“Sewers, public” means a sewage disposal systemoperated by the city of Electric City.“Sexually oriented business” means an establishmentor premises having a substantial or significantportion of its stock in trade books, magazines,or other printed matter, pictures, graphics, or othermaterials or paraphernalia, or video movies, films,photographs, live appearances, or performancesthat are distinguished or characterized by theiremphasis on matters depicting, describing, orrelated to “specified anatomical areas” or “specifiedsexual activities,” as defined herein.“Shooting range” means an activity or use ofland or a facility for the purposes of dischargingfirearms, including rifles, pistols and archery, inany organized fashion, such as a club or group, asopposed to an individual periodic discharge of afirearm.“Side street” means a street, public or private,which abuts a property corner in addition toanother street and which intersects the other streetat a property corner. In determining the front yardand building line, either street abutting the cornerproperty may be considered the flanking street.“Sidewalk” means a pedestrian access adjacentto or within the right-of-way of an adjoining publicor private road.“Sign” means any display of letters, figures,designs, devices, pictures, logos, emblems, insignia,numbers, lines or colors or any combinationthereof, visible to the public for the purpose ofmaking anything known or attracting attention.The flag, emblem, insignia, poster or other displayof a nation, political unit, educational, charitable,18-22

ELECTRIC CITY MUNICIPAL CODE 18.05.010religious or similar group, campaign, nonprofitdrive or event or the architectural features or characteristicsof a building which do not have anadvertising message on, or as an integral partthereof, shall not be included within the meaning ofthis definition. Signs only visible within the structureshall not be included within this definition.“Sign, commercial” means a sign that directsattention to a business or profession, to a commodityor service sold, offered, or manufactured, or toan entertainment offered on the premises where thesign is located.“Sign, roof” means a sign erected upon, against,or directly above a roof or on top of or above theparapet of a building; signs on mansard roofs shallbe considered wall signs.“Single-family residence or dwelling” means adwelling unit designed for and occupied by nomore than one family.“Site assessment” means a site-specific analysiswhich identifies the presence of critical areas, classifiesand designates the critical area, documentssite conditions, analyzes impacts (including longtermimpacts) due to short-term or ongoing disturbances,and identifies appropriate mitigative measures.Site assessments include wetland reports,hydrogeologic reports, geotechnical reports andhabitat management plans.“Site development activity” means the alterationof topography, clearing, paving, grading, construction,alteration of stormwater and drainage systems,site preparation, or other activity commonlyassociated with site development.“Site plan” means a scale drawing which showsthe areas and locations of all buildings, streets,roads, improvements, easements, utilities, openspaces and other principal development featuresfor a specific parcel of property.“Site visit” means a preliminary on-site inspectionof an area where an activity having the potentialto adversely impact critical areas has beenproposed in order to determine the likelihood thatcritical area indicators are present. (See “Siteassessment.”)“Slaughter, packing and rendering facility”means an establishment used for the killing, processing,packing and/or rendering of livestock anduses incidental thereto.“Small scale” means of a size or intensity whichhas minimal impacts on the surrounding area andwhich makes minimal demands on the existinginfrastructure.“Small scale recreation and tourism” means aland use that relies on a rural location and setting toprovide recreational or tourist use, including commercialfacilities to serve those uses, but that doesnot include new residential development.“Solid waste” means all putrescible and nonputresciblesolid and semi-solid waste, exceptwastes identified in WAC 173-304-015, includinggarbage, ashes and sludge, industrial wastes, swill,demolition and construction wastes, and any otherdiscarded commodities, but excluding agriculturalwastes and crop residues returned to the soil atagronomic rates. This includes all liquid, solid andsemi-solid materials that are not the primary productsof public, private, industrial, commercial,mining and agricultural operations. Solid wasteincludes sludge from wastewater treatment plantsand septage from septic tanks, woodwaste, dangerouswaste, and problem wastes. Unrecovered residuesfrom recycling operations shall be consideredsolid waste.“Solid waste disposal” means the act or processof disposing of rubbish and garbage.“Solid waste handling and disposal facility”means a transfer station or landfill designed to handleand/or dispose of solid waste.“Solid waste landfill” means a facility designedto properly accept and dispose of solid waste, andholding a valid solid waste permit issued by theGrant County health department.“Solid waste transfer station” means a fixed,supplemental collection and transportation facility,used by persons and route collection vehicles todeposit collected solid waste from off-site into alarger transfer vehicle for transport to a solid wastedisposal site.“Sound” means an oscillation in pressure, particledisplacement, particle velocity, or other physicalparameter in a medium with internal forces thatcauses compression and rarefaction of thatmedium, including any characteristics of sound,such as duration, intensity, and frequency.“State” means the state of Washington.“Statute” means any state law or regulation, orany city ordinance or resolution.“Storage” means the keeping of a quantity ofgoods, merchandise, or other materials in a manneror location which will require them to be rearrangedor relocated before use or retail sales of thegoods, merchandise, or other materials.“Storage – dangerous waste” means the holdingof dangerous waste for a temporary period. Accumulationof dangerous waste by the generator onthe site of generation is not storage as long as thegenerator complies with the applicable requirementsof WAC 173-303-200 and 173-303-201.18-23

18.05.010 GENERAL PROVISIONS“Storage yard” means an outdoor area used forthe storage of equipment, vehicles and materials.“Stormwater” means the surface water runoffthat results from all natural forms of precipitation.“Story” means that portion of a buildingincluded between the surface of any floor and thesurface of the floor next above it, or if there is nofloor above it, then the space between such floorand the ceiling next above it. Any portion of abuilding exceeding 14 feet in height shall be consideredas an additional story for each 14 feet ormajor fraction thereof. If the finished floor leveldirectly above the basement or cellar is more thansix feet above grade, such basement or cellar shallbe considered a story.“Street” means any public or private road, publicright-of-way for roadway, sidewalk or utilityinstallation.“Street, side” means a street, public or private,which abuts a property corner in addition toanother street and which intersects the other streetat a property corner. In determining the front yardand building line, either street abutting the cornerproperty may be considered the flanking street.“Structure” means a permanent or temporaryedifice or building or any piece of work artificiallybuilt up or composed of parts joined together insome definite manner, whether installed on, above,or below the surface of the ground or water, exceptfor vessels. (WAC 173-27-030)“Subject property” means the tract of landwhich is the subject of the permit and/or approvalaction, as defined by the full legal description of allparcels involved in the proposed development.“Substantial damage” means damage of any origin,including intentional and unintentional demolition,sustained by a structure whereby the cost ofrestoring the structure exceeds 50 percent of itsvalue before damage as determined by using themost recent ICBO construction tables.“Substantial improvement” means any rehabilitation,repair, reconstruction, addition, or otherimprovement of a building when the cost of theimprovement equals or exceeds 50 percent of themarket value of the building before start of constructionof the improvement. The term includesbuildings which have incurred substantial damageor damage of any origin sustained by a buildingwhen the cost of restoring the building to its predamagedcondition would equal or exceed 50 percentof the market value before the damageoccurred. Substantial improvement does notinclude any project for improvement of a structureto correct existing violations of state or localhealth, sanitary or safety code specifications whichhave been identified by the local code enforcementofficial and which are the minimum necessary toassure safe living conditions.“Support structure” means a structure designedand constructed specifically to support an antennaarray, and may include a monopole, self-supporting(lattice) tower, guy-wire support tower andother similar structures. Any device (attachmentdevice) which is used to attach an attached WCF toan existing building or structure (attachment structure)shall be excluded from the definition of andregulations applicable to support structures.“Surface water” means waters that flow over theland surface and frequently interact with groundwater.“Swale” means a depressed, vegetated, oftenwet area of land, or an open drainageway.“Take-out food service” means counter-onlysales of prepared food or beverages for consumptionoff the premises.“Tank farm” means an area used for the commercialbulk storage of fuel in tanks.“Temporary” means existing or continuing for alimited time, not to exceed one year.“Temporary festival” means any musical, cultural,or social event conducted at an indoor or outdoorsite or facility that is seasonal in nature or ofa duration of more than four weeks cumulativelyout of any 12-month period, and attracts 250 ormore people in any one day. For the purposes ofthis section, each week during which the temporaryfestival operates for two or more days shall be considereda full week.“Temporary outdoor event” means any musical,cultural, or social outdoors event which occurs lessthan four weeks, cumulatively, out of any 12-month period and which attracts 250 or more peoplein any one day. For the purposes of this section,each week during which the temporary festivaloperates for two or more days shall be considereda full week.“Tourist accommodation” means a facility forthe lodging of transients/tourists, including bedand breakfast inns, hotels, motels, overnight rentals,resorts, and time-share condominiums.“Townhouse” means an attached dwelling unitin a row of at least two and not more than six suchunits, separated by property lines and by verticalcommon fire-resistant walls from other dwellingunits in the row and having individual outsideaccess and legal frontage on a public street. Eachdwelling unit shall be designed for and occupiedexclusively by one family and the household18-24

ELECTRIC CITY MUNICIPAL CODE 18.05.010employees of that family. A townhouse shallextend from foundation to roof, and no townhouseshall be located over another unit. Common wallsbetween townhouses shall have no doors, windowsor other provisions for human passage or visibility.Each townhouse shall be attached to other units inthe row by not more than two common walls. Theprincipal access shall be at or near grade. Townhousesshall be considered multifamily dwellingsand regulated as such.“Tract” means the same as “lot.”“Trail” means an improved but natural path orway set aside for public and private use providingan access route to, from, or between points of interestand intended for use by pedestrians, equestrians,bicycles, and/or other nonmotorized vehicularusers.“Transfer of development rights (TDR)” meansthe transfer of the right to develop or build,expressed in dwelling units per acre, either on landwithin one zoning district under contiguous ownership,or from land in one zoning district to land inanother district where such density/development ispermitted.“Transfer station” means a facility for the collectionof solid waste from off-site into a largertransfer container or vehicle for transfer to a permanentdisposal site. (See “solid waste transfer station.”)“Transient residence” or “transient guest house”means a single-family residential unit or guesthouse used for short-term transient occupancy forperiods less than 30 days.“Transit station” means a dedicated transit facilitylocated outside of the public right-of-way whereseveral transit routes converge. A transit station isdesigned to accommodate several buses at once,and may include passenger shelters and waitingareas.“Transitional surface” means the surface thatextends outward and upward at 90-degree angles toa runway centerline and the runway centerlineextended, at a slope of seven feet horizontally foreach foot vertically, beginning from the sides of theprimary surface and approach zones to where theyintersect the horizontal surface.“Transportation facilities” means roads, railroads,trails, airports, airfields, public docks, ferriesand related terminals, and parking areas.“Travel trailer” means a vehicular portablestructure standing on wheels, towed or hauled byanother vehicle, and used for short-term humanoccupancy, as a temporary dwelling for travel, recreationalor vacation uses, carrying of materials,goods, or objects, or as a temporary office, andwhich is 35 feet or less in length and eight feet orless in width.“Treated” means water quality treatment inaccordance with current adopted Grant Countystandards.“Treatment” means the physical, chemical, orbiological processing of dangerous waste to makesuch wastes nondangerous or less dangerous, saferfor transport, amenable for energy or materialresource recovery, amenable for storage, orreduced in volume.“Unplatted” means land which has not beeninvolved in the formal platting process whereby afinal drawing of a subdivision and dedication hasbeen prepared and filed with the Grant Countyauditor showing the general layout of streets, lots,blocks, and other elements of a subdivision consistentwith ECMC Titles 17 and 18 and Chapter58.17 RCW.“Urban growth” refers to growth (commercial,industrial, and residential) that makes intensive useof land for the location of buildings, structures, andimpermeable surfaces to such a degree as to beincompatible with the primary use of such land forthe production of food, other agricultural products,or fiber, or the extraction of mineral resources.When allowed to spread over wide areas, urbangrowth typically requires urban governmental services.“Characterized by urban growth” refers toland having urban growth located on it, or to landlocated in relationship to an area with urban growthon it as to be appropriate for urban growth. A patternof more intensive rural development, as providedin RCW 36.70A.070(5)(d), is not urbangrowth.“Urban growth area” means an area withinwhich urban growth shall be encouraged and outsideof which growth can occur only if it is noturban in nature. Regulatory control of land withinthe urban growth areas remains with the countyuntil annexed into a city. The land and developmentcontrols within urban growth areas, however,may be subject to joint county/city interlocal planningagreements and concurrency.“Urban growth boundary” means a boundarydesignating areas of existing and future urbangrowth, which is growth that makes intensive useof land for residential, commercial, and industrialdevelopment.“Urban services” means those governmentalservices historically and typically delivered by cities,and include storm and sanitary sewer systems,domestic water systems, street cleaning services,18-25

18.05.010 GENERAL PROVISIONSfire and police protection services, public transitservices, and other public utilities associated withurban areas and normally not associated with nonurbanareas.“Usable area” means that portion of any parcelor lot which is capable of supporting a “dwellingunit,” a properly installed “on-site waste disposalsystem,” and a safe “individual water system,” asdefined in this title.“Use” means the specific purpose for whichland or a building is designated, arranged,intended, or for which it is or may be occupied ormaintained.“Use, allowed outright” means a use that isallowed outright under Chapter 18.40 ECMC, andwhich does not require a project permit. Identifiedin Table 1, ECMC 18.40.070 by the symbol “A.”Subject to the development standards set forth inChapter 18.45 ECMC.“Use, conditional” means a permitted use, butwhich use, because of characteristics of the exactlocation with reference to surroundings, streets,and existing improvements or demands upon publicfacilities, requires a special degree of control tomake such use consistent and compatible withother existing or permitted uses in the same zone orzones, and to assure that such use shall not beharmful to the public interest. Subject to the performanceand use-specific standards and developmentstandards set forth in Chapters 18.40 and 18.45ECMC, respectively. Identified in Table 1, ECMC18.40.070 by the symbol “CU” and which requiresa conditional use permit.“Use, prohibited” means those uses specificallyspecified as prohibited uses in Chapter 18.40ECMC.“Utilities” includes, but is not necessarily limitedto, facilities and services that generate, transport,process, or store water, sewage, solid waste,electrical energy, communications and pipelinesfor fuel, oil, natural gas, and petroleum products.“Utilities, local” means facilities and infrastructureprovided by a public agency, utility district, orfranchise which convey essential services throughouta neighborhood area or within the community.These facilities include but are not limited to localwater and waste water lines and pump stations,electrical distribution lines and substations, naturalgas distribution pipelines, local telecommunicationfacilities, and stormwater retention and conveyancesystems.“Utility easement” means a nonrestrictive easementgranted to the city for the express use of locatingpublic utilities.“Variance” means a modification of the terms ofthis title that may be granted because of the unusualshape, exceptional topographic conditions, or otherextraordinary situation or condition in connectionwith a specific piece of property when the literalenforcement of this title would involve practicaldifficulties and cause undue hardship unnecessaryto carry out the spirit and intent of this title.“Vehicle” means motor-driven equipment usedfor human operation and transportation, butexcluding equipment used primarily for agriculturallyrelated uses, such as farm equipment.“Veterinary hospital” means a building for medicalor surgical treatment of animals, which mayinclude overnight stays.“Vicinity” means the area within one-half mileof the exterior boundary of a given parcel.“Voluntary agreement” means an agreementbetween a developer and the city, county or districtas authorized by RCW 82.02.020.“WAC” means the Washington AdministrativeCode.“Walkway” means a continuous way designatedfor pedestrians and separated from the throughlanes for motor vehicles by a curb, space, pavementmarking or barrier.“Warehouse” means a building used primarilyfor the storage of goods and materials for commercialpurposes.“Water storage tanks” means tanks or reservoirsused for the storage of water.“Way” means something other than a road,street, or alley that provides vehicular or pedestriancirculation or principal means of access to abuttingproperties.“Wholesale” means establishments primarilyengaged in selling merchandise to retailers; toindustrial, commercial, institutional, farm, constructioncontractors, or professional businessusers; or to other wholesalers; or acting as agents orbrokers in buying merchandise for or selling merchandiseto such persons or companies.“Wrecking and salvage yards” means an outdoorarea used for the storage and/or sale of usedautomobile parts, or for the storage, dismantling, orabandonment of junk, automobiles, trailers,machinery or parts thereof.“Yard” means an open space, other than a court,on the same lot with a structure.“Zoning district” means a portion of the city ofElectric City within which certain uses of land andstructures are permitted and certain other uses ofland and structures are prohibited, certain yardsand other open space may be required, and specific18-26

ELECTRIC CITY MUNICIPAL CODE 18.10.020lot areas are established, all as set forth and specifiedin this title.“Zoning map” means the map delineating theboundaries of districts which, along with the zoningtext of this title, comprise the zoning ordinanceof the city. (Ord. 416 § 1, 2009)Chapter 18.10DISTRICTS ESTABLISHED – ZONING MAPSections:18.10.010 List of districts and overlays.18.10.020 Zoning map.18.10.030 Zoning map amendment.18.10.040 Effect of establishment of districts andoverlays.18.10.010 List of districts and overlays.The city of Electric City is hereby divided intothe following classes of districts and overlays:(1) S-1: Suburban zone – Low density.(2) R-1: Residential zone – Low density.(3) R-2: Residential zone – Medium density.(4) R-3: Residential zone – High density.(5) R-3R: Residential zone – High densityresort.(6) C-1: Central business district.(7) C-2: Tourist commercial zone.(8) PU: Public use zone.(9) PDD: Planned development district overlay.The aforesaid districts and overlays are herebyestablished, as the designations, locations, andboundaries thereof are set forth and indicated onthe zoning map. (Ord. 416 § 1, 2009)18.10.020 Zoning map.(1) The term “zoning map” as herein used shallbe deemed to be that certain map, three copies ofwhich are on file in the office of the city clerk-treasurerof said city, labeled “Zoning Map of ElectricCity, Washington,” dated June 26, 2009, andsigned by the clerk-treasurer and mayor of saidcity. Said zoning map, as it now exists or hereinafteramended, is hereby adopted and made a part ofthis chapter.(2) Where uncertainty exists as to any of saidboundaries of the use districts and/or overlays asshown on the zoning map, the following rules shallapply:(a) Where such boundaries are indicated asapproximately following the centerlines of streets,alleys, railroads, or water lines, such centerlinesshall be construed to be such boundaries.(b) Where such boundaries are indicated asapproximately following lot lines, and are not morethan 20 feet therefrom, such lot lines shall be construedto be such boundaries.(c) In unsubdivided land and where a districtand/or overlay divides a lot, the location ofsuch boundary, unless the same is indicated by18-27

18.10.030 S-1 ZONE – SUBURBAN RESIDENTIAL DISTRICTdimensions shown on the map, shall be determinedby the use of the sale shown thereof. (Ord. 416 § 1,2009)18.10.030 Zoning map amendment.If amendments are made in the use districtand/or overlay boundaries or other matter portrayedon the official zoning map, such changesshall be mapped, properly identified, and attachedto the original official zoning map.No defacement or changes shall be made to theoriginal official zoning map, and it shall be kept inits original condition. It shall be the responsibilityof the city clerk to record and keep safe the originalofficial zoning map together with any amendmentssubsequently adopted. (Ord. 416 § 1, 2009)18.10.040 Effect of establishment of districtsand overlays.Except as otherwise provided herein, no buildingshall hereafter be erected and no existing buildingshall be moved, altered, added to or enlarged,nor shall any land or building be used, designed orarranged to be used for any purpose other than isincluded among the uses listed in this title as permittedin the district and/or overlay in which suchbuilding or land is located, nor in any manner contraryto any of the requirements specified in thistitle. (Ord. 416 § 1, 2009)Chapter 18.18S-1 ZONE – SUBURBANRESIDENTIAL DISTRICTSections:18.18.010 Intent.18.18.020 General uses.18.18.030 Development standards.18.18.040 Livestock.18.18.010 Intent.The suburban residential district is intended toreserve areas for large lot, rural living with singlefamilydwellings, characterized by active agriculturaluses and structures. Certain community andcommercial uses that are compatible with residentialuses and consistent with agricultural uses andthe character of single-family neighborhoodsshould be allowed. (Ord. 451 § 1, 2011; Ord. 448§ 1, 2011)18.18.020 General uses.The following uses are permitted outright in theS-1 zone:(1) Not more than two separate dwellings shallbe allowed on any tract as originally platted.(2) Manufactured homes and factory-builthomes are allowed in accordance with Chapter18.61 ECMC.(3) Accessory buildings and buildings to beused as dwellings may be constructed or movedinto this district; provided:(a) The structure conforms to the buildingcode adopted by Electric City;(b) The structure, where applicable, isplaced on a permanent foundation and is connectedto permanent utilities.(4) Attractive, neat open type fences of anyheight necessary for the restraint of farm animals.(5) See district use chart, Table 1, ECMC18.40.070, for permitted uses. (Ord. 451 § 1, 2011;Ord. 448 § 1, 2011)18.18.030 Development standards.ECMC 18.45.020, Table 2 – General DevelopmentStandards for All Districts, sets forth requirementsfor lot size, and coverage, setbacks, heightand density requirements. ECMC 18.45.030 setsforth requirements for off-street parking. (Ord. 451§ 1, 2011; Ord. 448 § 1, 2011)18-28

ELECTRIC CITY MUNICIPAL CODE 18.20.03018.18.040 Livestock.On any platted lot, the following livestock shallbe permitted:(1) Not to exceed 15 fowl other than roosters,quacking ducks, geese, guinea fowl or pea fowl,and not to exceed 15 rabbits or guinea pigs, foreach 5,000 square feet of area of the parcel of landupon which the same are kept; provided, that nosuch livestock shall be maintained closer than 20feet to any dwelling.(2) Not to exceed one horse, mule or cow orthree goats for each 20,000 square feet of area ofthe parcel of land upon which the same are kept;provided, that no such livestock shall be maintainedcloser than 100 feet to any dwelling.(3) Not to exceed two dogs, cats or similarhousehold pets, exclusive of animals under sixmonths of age, for each 10,000 square feet of theparcel of land upon which the same are kept.(4) Livestock area must be maintained in a neatand orderly manner, and livestock must berestrained or confined to the owner’s property.(Ord. 451 § 1, 2011; Ord. 448 § 1, 2011)Chapter 18.20R-1 ZONE – LOW DENSITYRESIDENTIAL DISTRICTSections:18.20.010 Intent.18.20.020 General uses.18.20.030 Development standards.18.20.010 Intent.The low-density residential single-family districtis intended to reserve areas primarily for familyliving in single-family dwellings on large lots,characterized by privacy, an atmosphere conduciveto sleep and repose, and living environments thatpromote the enjoyment of residential and neighborhoodlife. Certain community and commercialuses that are compatible with residential uses andconsistent with the character of single-familyneighborhoods should be allowed. (Ord. 416 § 1,2009)18.20.020 General uses.The district use chart, Table 1, ECMC18.40.070, sets forth those uses which are permittedoutright, or require a conditional use permit orplanned development approval in the R-1 district.(Ord. 416 § 1, 2009)18.20.030 Development standards.Lot size and coverage, setbacks, height and densityrequirements: Table 2, ECMC 18.45.020, setsforth requirements for lot size and coverage, setbacks,height and density requirements and Table3, ECMC 18.45.030, sets forth requirements foroff-street parking for the R-1 district. (Ord. 416§ 1, 2009)18-29

18.25.010 R-2 ZONE – MEDIUM DENSITY RESIDENTIAL DISTRICTChapter 18.25R-2 ZONE – MEDIUM DENSITYRESIDENTIAL DISTRICTSections:18.25.010 Intent.18.25.020 General uses.18.25.030 Development standards.18.25.010 Intent.The medium density residential district isintended to reserve areas primarily for family livingin single-family dwellings, characterized byprivacy, an atmosphere conducive to sleep andrepose, and living environments that promote theenjoyment of residential and neighborhood life.Duplexes, approved accessory housing units, andcertain community and commercial uses that arecompatible with residential uses and consistentwith the character of single-family neighborhoodsshould be allowed. (Ord. 416 § 1, 2009)18.25.020 General uses.The district use chart, ECMC 18.40.070, setsforth those uses which are permitted outright,require a conditional use permit, or planned developmentapproval in the R-2 district. (Ord. 416 § 1,2009)18.25.030 Development standards.Lot size and coverage, setbacks, height and densityrequirements: Table 2, ECMC 18.45.020, setsforth requirements for lot size and coverage, setbacks,height and density requirements and Table3, ECMC 18.45.030, sets forth requirements foroff-street parking for the R-2 district. (Ord. 416§ 1, 2009)Chapter 18.27R-3 ZONE – HIGH DENSITYRESIDENTIAL DISTRICTSections:18.27.010 Intent.18.27.020 General uses.18.27.030 Development standards.18.27.010 Intent.The high density residential district is intendedto reserve areas primarily for families living in singleand multifamily dwellings, characterized by anatmosphere conducive to sleep and repose, and livingenvironments that promote the enjoyment ofresidential and neighborhood life. Duplexes,approved accessory housing units, and a variety ofother uses that are compatible with residential usesand consistent with the character of multifamilyneighborhoods shall be allowed. (Ord. 416 § 1,2009)18.27.020 General uses.The district use chart, ECMC 18.40.070, setsforth those uses which are permitted outright,require a conditional use permit, or planned developmentapproval in the R-3 district. (Ord. 416 § 1,2009)18.27.030 Development standards.Lot size and coverage, setbacks, height and densityrequirements: Table 2, ECMC 18.45.020, setsforth requirements for lot size and coverage, setbacks,height and density requirements and Table3, ECMC 18.45.030, sets forth requirements foroff-street parking for the R-3 district. (Ord. 416§ 1, 2009)18-30

ELECTRIC CITY MUNICIPAL CODE 18.30.030Chapter 18.28P-R ZONE – PLANNED RESORT DISTRICTSections:18.28.010 Intent.18.28.020 General uses.18.28.030 Development standards.18.28.010 Intent.The planned resort district is a residential districtis intended to reserve areas primarily for vacationingfamilies living in single and multifamilydwellings and living environments that promotethe enjoyment of residential lifestyles while onvacation. Duplexes, triplexes and a variety of otheruses that are compatible with residential uses andconsistent with the character of multifamily neighborhoodsshall be allowed. (Ord. 416 § 1, 2009)18.28.020 General uses.The district use chart, Table 1, ECMC18.40.070, sets forth those uses which are permittedoutright, require a conditional use permit, orplanned development approval in the P-R district.The rental of housing for overnight lodging isexpressly permitted so long as the property ownerhas in full force and effect a current businesslicense from the city and promptly collects andreports all sales tax on the sale of the lodging service.(Ord. 416 § 1, 2009)18.28.030 Development standards.Lot size and coverage, setbacks, height and densityrequirements: Table 2, ECMC 18.45.020, setsforth requirements for lot size and coverage, setbacks,height and density requirements and Table3, ECMC 18.45.030, sets forth requirements foroff-street parking for the P-R district. (Ord. 416§ 1, 2009)Chapter 18.30C-1 ZONE – CENTRAL BUSINESSDISTRICTSections:18.30.010 Intent.18.30.020 General uses.18.30.030 Development standards.18.30.010 Intent.The C-1 district is a pedestrian-oriented commercialdistrict designed to foster a vibrant downtownbusiness area supporting a mix of residentialand commercial uses. The C-1 designation isintended for the central business district. In creatingregulations for the C-1 district, considerationhas been given to the need to promote pedestriancirculation, while recognizing the need to providefor adequate fire protection and emergency vehicleaccess. Parking requirements for the districtacknowledge that the downtown is an area ofshared parking and walking between stores, withlimited space for off-street parking areas adjacentto most commercial uses. The C-1 district shouldprovide adequate parking for residents, employees,and visitors with minimal curb cuts. Off-streetparking areas should generally be located on theside or back of the lot. Design and uses that willfoster community life and social use of outdoorareas are to be encouraged. Compact scale is adefining characteristic of the C-1 district. The size,distribution, site design, and landscaping of usesthat display goods in outdoor lots should be suchthat the impact on the surrounding neighborhood isnegligible and the area remains attractive to pedestrians.(Ord. 416 § 1, 2009)18.30.020 General uses.The district use chart, ECMC 18.45.070, setsforth those uses which are permitted outright,require a conditional use permit, or planned developmentapproval in the C-1 district. (Ord. 416 § 1,2009)18.30.030 Development standards.Lot size and coverage, setbacks, height and densityrequirements: Table 2, ECMC 18.45.020, setsforth requirements for lot size and coverage, setbacks,height and density requirements and Table3, ECMC 18.45.030, sets forth requirements foroff-street parking for the C-1 district. (Ord. 416§ 1, 2009)18-31

18.35.010 C-2 ZONE – TOURIST COMMERCIAL DISTRICTChapter 18.35C-2 ZONE – TOURISTCOMMERCIAL DISTRICTSections:18.35.010 Intent.18.35.020 General uses.18.35.030 Development standards.18.35.010 Intent.The C-2 district is intended to provide areas outsideof the downtown business area for uses includinggenerally nonretail commercial and serviceuses as well as tourist accommodations. C-2 districtsprovide areas for overnight lodging, lakeaccess, and RV parking. (Ord. 416 § 1, 2009)18.35.020 General uses.The district use chart, ECMC 18.45.070, setsforth those uses which are permitted outright,require a conditional use permit, or planned developmentapproval in the C-2 district. (Ord. 416 § 1,2009)18.35.030 Development standards.Lot size and coverage, setbacks, height and densityrequirements: Table 2, ECMC 18.45.020, setsforth requirements for lot size and coverage, setbacks,height and density requirements and Table3, ECMC 18.45.030, sets forth requirements foroff-street parking for the C-2 district. (Ord. 416§ 1, 2009)Chapter 18.37PU ZONE – PUBLIC USE DISTRICTSections:18.37.010 Intent.18.37.020 General uses.18.37.030 Development standards.18.37.010 Intent.The intent of the public use district (PU) is toprotect public facilities such as parks, schools, andwastewater treatment facilities from pressure ofalternative development. Public use zoning isapplied to those areas deemed necessary for thelong-term use and enjoyment of the city and its citizens;and to provide for and protect public institutionalfacilities within the city, including publicutility installations. (Ord. 416 § 1, 2009)18.37.020 General uses.The district use chart, ECMC 18.45.070, setsforth those uses which are permitted outright,require a conditional use permit, or planned developmentapproval in the PU district. (Ord. 416 § 1,2009)18.37.030 Development standards.Lot size and coverage, setbacks, height and densityrequirements: Table 2, ECMC 18.45.020, setsforth requirements for lot size and coverage, setbacks,height and density requirements and Table3, ECMC 18.45.030, sets forth requirements foroff-street parking for the PU district. (Ord. 416 § 1,2009)18-32

ELECTRIC CITY MUNICIPAL CODE 18.40.020Chapter 18.40GENERAL USE REGULATIONSSections:18.40.010 Permitted uses.18.40.020 Accessory uses, buildings, orstructures.18.40.030 Prohibited uses.18.40.040 Temporary uses.18.40.050 Mobile vendors.18.40.060 Temporary markets.18.40.070 District use chart.18.40.010 Permitted uses.(1) Those uses listed as allowed within the varioususe districts as indicated in Table 1 at the endof ECMC 18.40.070 shall be permitted outrightwith no special zoning permits; the decision as towhether a proposed use conforms with the purposeand intent of those uses shall rest with the administrator.(2) Off-street parking shall be provided inaccordance with Chapter 18.45 ECMC in all districts.(3) Housing for Persons with Functional Disabilities.When housing facilities for people withfunctional disabilities are allowed as permittedaccessory, or conditional use within any zoningdistrict, they must provide documentation that theproposed use is in compliance with Chapter 70.128RCW (as it now exists or hereafter amended) or isexempt from said requirements.(4) In the residential (S-1, R-1, R-2, R-3, R-3R)districts, travel trailers, boats, campers, and similarequipment may be stored on the premises if suchstorage is determined by the administrator not to bedetrimental to surrounding properties, that suchstorage is off-street, does not create a nuisance orpublic health/safety problem and complies withany covenants, conditions or restrictions placed onthe development. (Ord. 416 § 1, 2009)18.40.020 Accessory uses, buildings, orstructures.(1) All accessory uses, buildings, and structuresmust be customarily incidental and subordinate tothe principal building or use of the lot upon whichit is located.(2) Where there is a question regarding theinclusion or exclusion of a particular accessory usewithin any zone classification, the zoning administratorshall have the authority to make the finaldetermination. The determination shall be basedupon the general standards of this section and on ananalysis of the compatibility of the use or structurewith the predominant surrounding land use patternand with the permitted principal uses of the zoneclassification.(3) The following structures are customarilyincidental to residential uses:(a) Carports or garages for the sole use ofoccupants of premises and their guests, attached ordetached, for storage of motor vehicles, boats,and/or recreational vehicles.(b) Greenhouses, private and noncommercial.(c) Storage buildings for yard maintenanceequipment and household goods.(4) Accessory uses, buildings, and structures,other than fences and retaining walls, are prohibitedfrom being located on a lot prior to a legal principaluse.(5) Detached accessory buildings or structuresare permitted in compliance with the use and bulkregulations and performance standards of thischapter; provided, that:(a) The height of the accessory building orstructure shall not exceed the height limitations inthe district where it is located (see ECMC18.45.020, Table 2).(b) The location of detached accessorybuildings or structures shall comply with the front,rear and side yard setback requirements (seeECMC 18.45.020, Table 2) and shall generally belocated in the rear yard of the lot and shall notproject beyond the front line of the main dwelling.(c) No detached accessory building or structureshall be constructed on or over right-of-way oron or over a public easement.(d) For structures accessory to residentialuses in the R-1, R-2, and R-3 zones, the totalground area of accessory structures may not exceed60 percent of the total area of the primary dwellingunit, unless all of the following conditions are met:(i) The total area of all detached accessorystructures does not exceed the size of the primarydwelling unit, or 850 square feet, whicheveris less.(ii) The roof pitch of the accessory building(s)must meet current industry standards.(6) The accessory building shall be at least fivefeet from the primary building on the lot. Separationbetween accessory buildings shall be as regulatedby the State Building Code. (Ord. 442 § 1,2011; Ord. 416 § 1, 2009)18-33

18.40.030 GENERAL USE REGULATIONS18.40.030 Prohibited uses.(1) General. Those uses listed within the varioususe districts and overlays shall be prohibited asindicated in Table 1 – District Use Chart, ECMC18.40.070 or as designated elsewhere in this title.(2) Mobile homes, as defined in Chapter 18.05ECMC, are considered nonconforming structuresand shall not be relocated or brought into the communityunless allowed under the conditions of anapproved manufactured/mobile home park.(3) Outside storage of inoperable motor vehicles(cannot be licensed and driven on publicroads) and appliances for a period exceeding sixmonths is prohibited in all zoning districts.(4) Poultry and livestock rearing for commercialpurposes, and retail sale of produce are prohibitedexcept in the R-1 and MU.(5) No utility trailer, trailer, camping trailer,camper, or motor home of any type may be parkedon any street or alley in the city of Electric City fora period of time more than 12 hours. Exceptions toECMC 18.40.030 are as follows: Parking restrictionsdo not apply to streets without curbs andstreets without drive-over curbs such as on GrantAvenue East and Sunny Drive. (Ord. 416 § 1,2009)18.40.040 Temporary uses.The administrator is authorized to approve thefollowing:(1) Contractor’s offices and equipment storageon the premises of a construction project, which arenot to exceed one year or not to exceed the periodof construction.(2) Circuses, Carnivals and Tent Shows. Subjectto approval of the council, circuses, carnivals,and other tent shows may be allowed in the CB,PU, TC, R-3R districts and PDD overlay for a specificperiod of time.(3) During construction of a commercial buildingor residence in commercial or R-2 zones, a recreationalvehicle may be located upon the site fortemporary use by owner or contractor as storagespace or residence for a period of six months, theRV shall remain licensed and a permit having beenpreviously obtained for the said commercial or residentialbuilding. This temporary use permit maybe renewed for an additional 30 days, good causebeing shown and approved by the city council.Upon expiration of the temporary use permit or thecompletion of the building it serves, the recreationalvehicle shall be removed. No more than oneRV may be stored or occupied on the premises atany time.(4) Any utility trailer or RV of any type may beparked in any zone on the owner’s private propertyin Electric City. However, they shall not be usedfor residential or sleeping quarters, except for temporaryuse for periods less than 60 days. (Ord. 416§ 1, 2009)18.40.050 Mobile vendors.(1) A mobile vendor shall obtain a renewableadministrative permit from the city prior to initiatingthe use. Said permit will be valid for one yearfrom the date of issue and shall be renewable annuallyas long as the permit holder is in compliancewith all conditions.(2) Mobile vendors shall comply with the followingstandards, in addition to this chapter andChapter 18.45 ECMC and any other conditions ofsaid administrative permit:(a) Covered trash receptacles must be providedfor customer use. The mobile vendor mustcontain and immediately remove any litter from thesite on which the use is located. Disposable containersand other disposable pieces must bear thename or logo of the mobile vendor.(b) The unit from which the use is operatedmust be harmonious with the design, character, andappearance of the neighborhood in which it islocated.(c) The mobile vendor must maintain anyhealth certification required by state and local regulationsfor the type of food or beverage serviceoffered.(d) Employees must have access to sanitaryfacilities during working hours.(e) Written permission of the owner of thesite on which the mobile vending unit will belocated is required.(f) Written permission of the owners of allland adjacent to the site on which the mobile vendingunit will be located is required. (Ord. 464 § 1,2012; Ord. 416 § 1, 2009)18.40.060 Temporary markets.(1) A temporary market shall obtain a renewableadministrative permit from the city of ElectricCity prior to initiating the use. Said permit will bevalid for one year from the date of issue and shallbe renewable annually as long as the permit holderis in compliance with all conditions.(2) Temporary markets shall comply with thefollowing standards, in addition to this chapter andChapter 18.45 ECMC and any other conditions ofsaid administrative permit:(a) Size. No more than 20 vendors.18-34

ELECTRIC CITY MUNICIPAL CODE 18.40.070(b) Duration. No longer than three consecutivedays, and no more than 26 days in any calendaryear.(c) Parking. The applicant shall provideadequate off-street parking for vendors and customers.(d) Sanitation. The applicant shall provideadequate sanitary facilities for vendors and customers.(e) Trash. The applicant shall provide adequatetrash receptacles for vendors and customers.(f) The applicant shall remove all trash fromthe site at the end of the use and shall return thearea to a condition as good as or better than that inwhich it was found, ensuring that no record of theuse remains visible.(g) Illegal substances shall not be allowedon the premises during the temporary market.(h) Noise levels shall be consistent with prevailingstandards in the neighborhood in which thetemporary market is held. Fireworks, loudspeakers,and amplified music shall be prohibited.(i) No pets or live animals shall be allowedon the premises during the temporary market. Serviceanimals are excepted from this provision.(Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)18.40.070 District use chart.(1) The district use chart is established as a toolfor the purpose of determining the specific usesallowed in each district. No use shall be allowed ina use district or overlay that is not listed in the usechart as either an A (allowed or permitted use), CU(conditional use), or PD (planned development)unless the administrator determines that an unlisteduse is similar to one that is already enumerated inthe use chart, whereupon such use is subject to therequirements associated with that use under thistitle. The following acronyms apply to the usechart:anticipated impacts of the proposed use and considerthe following criteria in the context of thatassessment:(i) Whether the use is compatible withthe goals and policies of the comprehensive plan;(ii) Whether the use is consistent withthe purpose and intent of this title;(iii) Whether the use is consistent withthe intent of the applicable zoning district or overlay,as specified in this title;(iv) Whether the use is compatible withadjacent uses;(v) Whether the use will comply with theperformance standards specified in Chapter 18.45ECMC.(b) Review and Approval. The administratorshall review the measures proposed for compliancewith the approval criteria and shall approve orconditionally approve a permit application toassure compliance with those standards. If there isa question regarding the suitability of a proposeduse, the administrator shall have the option ofrequiring the applicant to submit a conditional usepermit application for approval by the hearingexaminer. The administrator is encouraged to consultinformally with the planning commissionwhenever he or she has a question regarding thesuitability of any proposed use, prior to requiringsubmittal of a conditional use permit application.A – Allowed or Permitted UseCU – Conditional Use PermitPD – Planned DevelopmentX – Prohibited Use(2) If a proposed use is not specifically listed inthe district use chart, an applicant may requestfrom the administrator an interpretation as towhether or not the proposed use is to be allowed.(a) Approval Criteria. In making his or herdetermination, the administrator shall assess the18-35

18.40.070 GENERAL USE REGULATIONSUSESTable 1 – DISTRICT USE CHARTS-1 R-1 R-2 R-3 P-R C-1 C-2 PU PDDSuburbanResidentialLow DensityMediumDensityHigh DensityPlannedResortCentralBusinessTouristCommercialPublic UsePlannedDevelopmentDistrictOverlayAmusementBowling alleys X X X X CU A A CU AFestival/Event site X X X X CU A A CU PDGyms, exercise facilities X X X X CU A A CU AOutdoor commercial amusementfacilities X X X X CU CU CU CU PDOutdoor recreation development CU X X X CU CU CU CU PDParks (all types) CU CU CU CU A CU CU A ARecreational vehicle park X X X X X X CU CU CUTheaters X X X X CU A A CU ACommunity ServicesAirfield/Airport X X X X X X X CU PDAnimal shelters X X X X X CU X CU PDBoat launch, public CU CU CU CU CU A A A ACampgrounds (all types) X X X X CU CU CU CU PDCemetery X X X X X X X CU XChurches CU CU CU CU X CU CU X ACommunity center, meeting hall,fraternal organizations, club CU X X X X CU CU CU ADay care – Type 1 A A A A A A A X ADay care – Type 2 CU CU CU CU CU A A CU AFire, police stations X X X CU A A A A AFuneral homes X X X X X A X X AHalfway houses X X CU CU X A CU CU XHealth care facility X X X X X CU X A PDHelipad X X X X CU CU CU CU PDHospice care facility CU CU CU CU CU CU CU X PDInstitutional development X X X X CU CU CU CU PDInterpretive center CU X X X CU CU CU CU ALibraries CU X X X X A A A AMuseums, art galleries CU X X X CU A A A A18-36

ELECTRIC CITY MUNICIPAL CODE 18.40.070USESTable 1 – DISTRICT USE CHART (Continued)S-1 R-1 R-2 R-3 P-R C-1 C-2 PU PDDSuburbanResidentialLow DensityMediumDensityMuseums, nonprofit historical CU X X X CU A A A AParking, public CU X X X A A A A PDParking, private commercial X X X X A A A CU PDPreschools CU CU CU CU X A X A CUSchools, grades 1 – 12 X X X CU X X X A PDSchools, junior colleges, vocational X X X CU X A X A PDSolid waste landfill X X X X X X X X XSolid waste transfer station X X X X X X X X XManufacturingApparel and accessories X X X X X CU X X PDAssembly, light X X X X X CU X X PDAssembly, heavy X X X X X X X X PDBakery (wholesale) X X X X X CU CU X PDBeverage industry X X X X X CU CU X PDCanning/packaging food X X X X X CU CU X PDCement/concrete plants X X X X X X X X PDConfectionery X X X X X A CU X PDDrugs X X X X X CU CU X PDElectric components X X X X X CU X X PDFabricated structural metal products X X X X X X X X PDFood processing X X X X X CU X X PDFurniture X X X X X CU CU X PDGlass, pottery, related X X X X X CU CU X PDHazardous waste treatment andstorage, off-site X X X X X X X X XHazardous waste treatment andstorage, on-site X X X X X X X X XIndustrial development X X X X X X X X PDLeather tanning X X X X X CU X X PDLight industrial X X X X X X X X PDMachinery and equipment X X X X X X X X PDHigh DensityPlannedResortCentralBusinessTouristCommercialPublic UsePlannedDevelopmentDistrictOverlay18-37

18.40.070 GENERAL USE REGULATIONSUSESTable 1 – DISTRICT USE CHART (Continued)S-1 R-1 R-2 R-3 P-R C-1 C-2 PU PDDSuburbanResidentialLow DensityMediumDensityMeat, poultry, dairy products,excluding slaughterhouses X X X X X X X X PDPaperboard containers X X X X X X X X PDPlastic assembly X X X X X CU X X PDPrefabricated wood products X X X X X CU CU X PDPrinting, publishing X X X X X CU CU X PDRubber products X X X X X X X X PDSawmills, planing mills X X X X X X X X PDSheetmetal X X X X X X X X PDSlaughter, packing and renderingfacility X X X X X X X X XStone products X X X X X X X X PDWarehouse X X X X X X X X PDWelding X X X X X X X X PDResource IndustriesOngoing agriculture (agricultural usesin existence at the time of adoption ofthis title) A A A A A A A A AAsphalt materials X X X X X X X X XFeedlot, commercial X X X X X X X X XFeedlot, farm-oriented CU CU X X X X X X PDMining, including sand and gravel X X X X X X X X XOil and gas operation X X X X X X X X XRecycling center X X X X X X X X PDRecycling collection point CU CU A A A A A A ARock crushing X X X X X X X X XUtility development, major (seedefinitions) X X X X X X X CU PDUtility development, minor (seedefinitions) X X X X CU CU CU CU PDHigh DensityPlannedResortCentralBusinessTouristCommercialPublic UsePlannedDevelopmentDistrictOverlay18-38

ELECTRIC CITY MUNICIPAL CODE 18.40.070USESTable 1 – DISTRICT USE CHART (Continued)S-1 R-1 R-2 R-3 P-R C-1 C-2 PU PDDSuburbanResidentialLow DensityMediumDensityResidentialAccessory dwelling unit CU CU X X X X X X XAccessory structures A A A A A A A A AAdult family home A A A A X A A X AAssisted living facility CU CU CU CU X CU CU X PDBoarding house or lodging house CU CU CU CU X CU CU X PDCo-housing PD PD PD PD X X X X PDDuplex PD PD A A PD X X X PDHome occupation CU CU CU CU X CU CU X CUMobile/Manufactured home park X X CU CU X X X X CUMultifamily 3 – 4 units X X A A PD PD PD X PDMultifamily 5 – 20 units X X PD PD PD PD PD X PDResidential care facility CU CU CU CU X X X X PDRetirement home CU CU CU CU X X X X PDSingle-family dwelling A A A A PD X X X PDRetail TradeAnimal clinic/hospital X X X X X A X X PDAntique store X X X X CU A A X CUArts and crafts supply X X X X CU A A X CUAuto, trailer or boat sales X X X X X CU CU X PDAuto repair shops X X X X X CU X X PDAuto body/paint shops X X X X X CU X X PDAuto parts – retail X X X X X A X X AAuto towing X X X X X CU X X PDAuto wrecking yards X X X X X X X X XBeauty, barber shops X X X X CU A A X PDBed and breakfast inn X X X X CU CU A X PDBed and breakfast residence X X X X CU CU A X PDBooks, office supplies X X X X CU A A X ABulk fuel storage/facilities/sales X X X X X X X X XBus terminals X X X X X A A A PDHigh DensityPlannedResortCentralBusinessTouristCommercialPublic UsePlannedDevelopmentDistrictOverlay18-39

18.40.070 GENERAL USE REGULATIONSUSESTable 1 – DISTRICT USE CHART (Continued)S-1 R-1 R-2 R-3 P-R C-1 C-2 PU PDDSuburbanResidentialLow DensityMediumDensityCar wash X X X X X A X X AClothing stores X X X X CU A A X PDCommercial storage X X X X X X X X PDConstruction yard X X X X X X X X PDConvenience store X X X X CU A A X PDCottage industry CU CU CU CU CU CU CU X CUDepartment, discount store X X X X X A A X PDDrinking establishment X X X X CU A A X PDDrive-in X X X X CU A A X PDEating establishment X X X CU X A A X AElectrical substations X X X X X X X X PDFarm machinery, heavy equipment X X X X X X X X PDFarmers market X X X X CU A A X AFarm supplies X X X X X A X X AFinancial institutions X X X X X A A X AFuel, oil distributor X X X X X X X X PDFurniture, appliances X X X X X A X X PDGlass X X X X X A X X PDGrocery stores X X X X X A CU X AHardware, garden X X X X X A X X AHeating, plumbing X X X X X A X X AHeavy equipment storage,maintenance and repair X X X X X X X X PDHog ranch X X X X X X X X XInsurance agencies X X X X X A X X AJunk yard X X X X X X X X XKennel X X X X X CU X X PDLaundries, laundromats X X X X CU A CU X ALiquor stores X X X X CU A X X ALumber yards X X X X X CU X X PDHigh DensityPlannedResortCentralBusinessTouristCommercialPublic UsePlannedDevelopmentDistrictOverlay18-40

ELECTRIC CITY MUNICIPAL CODE 18.40.070USESMarina or other water-relatedcommercial uses X X X X CU CU CU CU PDMaster planned resort X X X X A CU A X PDMedical/dental offices and clinics X X X X X A X X AMini-storage X X X X CU X X X PDMotels/hotels/tourist accommodations X X X X A A A X PDMotorcycle sales and repair X X X X X A CU X ANursery X X X X X X X X AOutdoor storage X X X X X X X X PDPaint – retail X X X X X A X X AProfessional office building X X X X CU A A X PDReal estate offices X X X X A A A X PDRecycling drop-off center (enclosedcontainers only) X X X X X CU CU CU PDRecycling center X X X X X X X X CURepairs – small appliances X X X X X A X X ARoadside retail sales stand, permanent X X X X X A CU X ARoadside retail sales stand, seasonal X X X X CU A A X ASexually oriented business X X X X X CU X X XSmall engine repair X X X X X CU X X AService station – no repair services X X X X X A A X AService stations with repair services X X X X X CU X X PDShoe repair X X X X X A A X ATelephone switching offices X X X X X X X X ATruck terminals X X X X X X X X PDUpholstery X X X X X A X X AWaste material processing, junkhandling X X X X X X X X PDWholesale trade X X X X X X X X PDWrecking and salvage yards X X X X X X X X X(Ord. 416 § 1, 2009)Table 1 – DISTRICT USE CHART (Continued)S-1 R-1 R-2 R-3 P-R C-1 C-2 PU PDDSuburbanResidentialLow DensityMediumDensityHigh DensityPlannedResortCentralBusinessTouristCommercialPublic UsePlannedDevelopmentDistrictOverlay18-41

18.45.010 GENERAL REGULATIONSChapter 18.45GENERAL REGULATIONSSections:18.45.010 Building moving.18.45.020 Setbacks and dimension requirements.18.45.030 Parking and loading standards.18.45.040 Performance standards.18.45.050 Development standards.18.45.060 Single-unit dwellings and duplexes.18.45.070 Clear vision requirements.18.45.080 Fences.18.45.010 Building moving.(1) No building of any nature whatsoever(including mobile, factory-built, modular and manufacturedhomes) shall be moved onto any propertywithin the corporate limits of the city of ElectricCity unless the same shall conform to the ordinancecodified in this title.(2) No buildings of any nature whatsoever(including mobile, factory-built, modular and manufacturedhomes) shall be moved onto any areawithin the corporate limits of Electric City unlessand until a permit has been issued allowing saidbuilding to be moved into the city of Electric Cityor from one area in Electric City to another area inElectric City, or within any zone, and a requestshall be made in writing for the allowance of saidpermits, which requests shall include the name ofthe persons making said request, his address, a pictureof the building sought to be moved and theplans and specifications for any changes sought tobe made or alteration to be made in said buildingafter its movement. (Ord. 416 § 1, 2009)18.45.020 Setbacks and dimensionrequirements.Building setbacks and lot dimensional requirementsshall be as provided in Table 2, GeneralDevelopment Standards for All Districts.18-42

ELECTRIC CITY MUNICIPAL CODE 18.45.020Table 2 – General Development Standards for All DistrictsS-1SuburbanMinimum lot size 20,000Maximum density,with PD permitMinimum buildingfootprintMaximum lotcoverageMinimum frontyard setbackMinimum sideyard setbackMinimum rearyard setback, mainstructureMinimum rearyard setback,accessorystructureMaximum height,main structureR-1LowDensity10,000sq. ft.R-2MediumDensity6,000 sq. ft.,single-family;9,600 sq. ft.,duplexR-3High Density5,000 sq. ft.single-family+ 2,500 sq. ft.each additionalunitP-RPlannedResort5,000 sq. ft.single-family+ 2,500 sq. ft.each additionalunitC-1CentralBusiness2,500 sq. ft.+ 2,500 sq.ft. eachadditionalunitC-2TouristCommercial2,500 sq. ft.+ 2,500 sq.ft. each additionalunitPDDPlannedDevelopmentDistrict2,500 sq. ft. +2,500 sq. ft.each additionalunitPUPublic Use2,500 sq. ft.+ 2,500 sq.ft. eachadditionalunitNA NA 12 d.u./acre 20 d.u./acre 24 d.u./acre NA NA 20 d.u./acre NA1,250 sq.ft.1,250 sq.ft.MUMixed Use2,500 sq.ft. + 2,500sq. ft. eachadditionalunit20d.u./acre1,000 sq. ft. 800 sq. ft. 800 sq. ft. NA NA 800 sq. ft. NA 800 sq. ft.25% 35% 50% 60% 75% 100% 80% 100% 60% 100%20 feet 20 feet 20 feet 20 feet 10 feet 0 feet 0 feet 0 feet 5 feet 0 feet5 feet 5 feet 5 feet 5 feet 5 feet 0 feet 0 feet 0 feet 5 feet 0 feet20 feet 20 feet 15 feet 10 feet 10 feet 5 feet 5 feet 0 feet 5 feet 0 feet5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 0 feet 5 feet 0 feet30 feet 30 feet 30 feet 30 feet 30 feet 35 feet 35 feet 35 feet 35 feet 35 feetMaximum height,accessory 30 feet 18 feet 18 feet 18 feet 24 feet 30 feet 30 feet 30 feet 30 feet 30 feetstructure 11 Except for telecommunications antennas.(Ord. 443 § 1 (Exh. A), 2011; Ord. 416 § 1, 2009)18-43

18.45.030 GENERAL REGULATIONS18.45.030 Parking and loading standards.(1) General. Off-street parking shall be providedin accordance with the requirements found inthis section.(2) Conditions. Off-street parking and loadingspaces shall be provided at any time one of the followingconditions occur:(a) When a main building is erected; or(b) When a main building is relocated; or(c) When a use is changed and there is spaceon the site for the required parking; or(d) When the number of required spaces isincreased by the addition of dwelling spaces, floorarea, or any other unit of measure used to determineparking and loading spaces; or(e) In the event the expansion or enlargementresults in 10 percent or less increase in thenumber of spaces necessary to comply with Table3, the provision of additional spaces is notrequired.(3) Parking Space Area. Each parking spaceshall have a net area of not less than 180 square feetexclusive of access drives or aisles, and shall be ofusable shape and condition. If determined on agross area basis, 300 square feet shall be allowedper vehicle.(4) Requirements. A public or private parkingarea that has a capacity of five or more vehiclesshall be developed and maintained in accordancewith the following requirements:(a) Development of such parking areas shallbe in accordance with plans that must be submittedto and approved by the building inspector prior tosite preparation or development work.(b) Parking areas shall be improved with aproperly bound, durable and dustless impermeablesurface. Alternative parking surfaces, such as grasswith weight transferring plastic or concrete blocks,are recommended for low frequency-of-use parkingand loading areas.(c) Adequate drainage of the parking areashall be provided in such a manner so as to protectadjacent properties from excess stormwater anderosion, and to prevent the overtaxing of public orprivate storm drainage systems, and such drainageshall not be allowed to flow across sidewalks.(5) Off-Street Parking Standards. The minimumnumber of off-street parking spaces requiredper use shall be as indicated in Table 3, below. Anyuse clearly similar to any of the listed uses shallmeet such use’s requirements. If the similarity ofthe uses is not apparent, the planning commissionshall recommend to the city council the standardsthat should be applied to the use in question.(6) Loading Berth Standards.(a) Any building being or intended to beused for retail, wholesale, warehousing, freight,hospital, industrial and manufacturing shall be providedwith off-street loading berths according tothe following schedule:(i) One loading berth for each buildingcontaining 5,000 to 20,000 square feet of floorarea;(ii) Two loading berths for each buildingcontaining 20,000 or more square feet of floor area;(iii) A loading berth can be counted asequivalent to one parking space when estimatingthe required parking except for residential uses inthe central business district.(b) Any building being or intended to beused for offices, hotel, restaurant, assembly spaceor similar use shall be provided with off-streetloading berths according to the following schedule:(i) One berth per building or as designatedby the building inspector, whose decisionshall be based on the type of use, the amount ofactivity, and the size of vehicles servicing the use.(7) Exemptions for Joint Use. The planningcommission or administrator, depending on thetype of approval involved, may authorize the jointuse of parking facilities upon review of eachrequest and a determination by the council for thecompliance with the intent of this chapter will beassured.(8) Central Business District Exemptions.There are no requirements for off-street parking forcommercial uses in the central business district.Residential uses require one parking space per unit.Loading berths do not qualify as required parkingfor residential uses in the central business district.(9) Off-Street Parking in Residential Districts.Off-street parking spaces shall not be located in arequired front yard in any residential (R-1, R-2,R-3, R-3R) district unless within a designateddriveway.(10) Uses Not Specified. In case of a use notspecifically mentioned in the parking requirementsin Table 3, the requirements for off-street parkingfacilities shall be recommended by the planningcommission. Such determination shall be basedupon the requirements for the most comparable uselisted.(11) Additional Standards and Bonds. In additionto the basic standards and requirements establishedby this chapter, the planning commission orthe building inspector may make such otherrequirements or restrictions as may be deemed necessaryin the interests of public health, safety and18-44

ELECTRIC CITY MUNICIPAL CODE 18.45.030general welfare, including, but not limited to: lighting,joint development of facilities, entrances andexits, accessory uses and conditional uses; providedfurther, that performance bonds may berequired where it is determined that such are necessaryto guarantee proper compliance within thetime periods specified.(12) Parking Standard Modifications. The parkingrequirements in this section can be changed tobetter reflect the actual parking demand for a particularuse. The planning commission shall reviewcase-by-case requests for modifications and permitthe requests should they meet the followingrequirements:(a) Applicants identify the quantity of offstreetparking spaces required by current city standards;(b) Applicants identify the quantity of offstreetparking spaces they intend to install;(c) Applicants submit at least one exampleof a similar parking condition and property usewith a complete description of all relevant andunique conditions;(d) The request will not create any foreseeableoff-site parking demands on unrelated adjacentparcels or on public rights-of-way.Table 3 – Minimum Number of Off-Street Parking SpacesRequired for Different Land UsesLand UseResidential UsesCottage IndustryHome OccupationsMultifamily Residential UnitsSingle-Family Residential Unit, withoutaccessory dwelling unitSingle-Family Residential Unit, withaccessory dwelling unitTwo-Family (Duplex) Residential UnitPlanned Unit DevelopmentUnnamed Residential UsesCommercial UsesAgricultural Equipment Storage, Sales andRental ServicesAnimal Facilities, Shelters and KennelsAutomotive Service and RepairBed and Breakfast InnsBed and Breakfast ResidencesCemeteriesConvenience StoresDay Care, Type 1Day Care, Type 2Drinking EstablishmentMinimum Number of Parking Spaces Required2 per dwelling unit plus 1 per employee who resides off theproperty2 per dwelling unit plus 1 per employee who resides off theproperty2 per dwelling unit2 per dwelling unit2 per dwelling unit2 per dwelling unitDetermined by the administrative officialDetermined by the administrative official1 per employee and 1 per 300 square feet of retail sales area1 per employee and 1 per 200 square feet of gross floor area2 per bay or stall plus 1 per employee1 per guest room, plus 2 per facility1 per guest room, plus 2 per facilityDetermined by the administrative official1 per 200 square feet1 space per 6 people enrolled plus 1 for each staff member orvolunteer on site, but not fewer than 3 spaces1 space per 6 people enrolled plus 1 for each staff member orvolunteer on site, but not fewer than 3 spaces1 per 100 square feet or 1 per 3 seats, whichever is greater18-45

18.45.040 GENERAL REGULATIONSTable 3 – Minimum Number of Off-Street Parking SpacesRequired for Different Land Uses (Continued)Land UseEating EstablishmentGreenhouse, Accessory UseIndoor Entertainment FacilitiesNursing HomesNursery, RetailHotel/MotelPersonal and Professional ServicesResidential Care FacilitiesResorts, NewResorts, Expansion of Existing UsesResidential (Mini) Storage FacilitiesRetail Sales and ServicesStorage and Sale of Fertilizer, Pesticides,Herbicides, Soil Sterilants and FumigantsUnnamed Commercial UsesMinimum Number of Parking Spaces Required1 per 100 square feet or 1 per 3 seats, whichever is greater1 per employee1 per 4 seats or per 100 square feet of assembly area,whichever is greater5 plus 1 per 6 beds1 per 500 square feet1 per guest room plus 1 per employee1 per 300 square feet plus 1 per employee, but not fewer than3 spaces5 plus 1 per 6 beds1 per 300 square feet plus 1 per employee1 per 300 square feet plus 1 per employee1 per employee plus one per 10 rental units1 per employee plus 1 per 300 square feet of sales area1 per employee plus 1 per 300 square feet of sales areaDetermined by the administrative official(Ord. 416 § 1, 2009)18.45.040 Performance standards.The following performance standards areintended to protect the public health, safety andgeneral welfare by ensuring adequate access tolight, air, privacy and open space; minimizing trafficcongestion and utility overload; and protectingthe citizens of Electric City from objectionableinfluences that may interfere with the use, valueand enjoyment of property, sleep and repose, andthe quality of the environment in all zoning districts.The performance standards are intended tobe used to evaluate the general impacts of a givenuse. They are not intended to be used as a remedyfor nuisances.(1) General Performance Standards. The followingstandards are applicable to all uses, irrespectiveof zoning classifications, in order tominimize potential impacts to public health, safety,welfare, and aesthetic values associated with landuses located in the city. Any use that does not complywith the general performance standards is prohibited.(a) Artificial Light and Glare.(i) Uses producing artificial light, utilizinglight for night operation, or causing glare shall:(A) Not impair use of or safety of anyroad due to strong dazzling artificial light directedat oncoming motor vehicles, or strobe lights projectingoff site or toward streets, or lights imitatingtraffic signals.(B) Protect residential uses from artificiallight during periods of darkness by shadingthe luminaire and/or screening abutting propertylines. Screening design is subject to approval bythe city.(C) Shield direct light generated byarc welding and similar processes in a manner thatprevents such direct light from being visible fromneighboring properties or public areas (roads, sidewalks,etc.).(ii) External lighting on residential propertyshall be directed and shielded appropriately toavoid creating a nuisance or hazard to passing trafficand neighboring properties.(2) Electrical Interference. Provisions must bemade for necessary shielding or other preventivemeasures against interference occasioned bymechanical, electrical and nuclear equipment usesor processes with electrical apparatus in nearbybuildings or land uses.18-46

ELECTRIC CITY MUNICIPAL CODE 18.45.040(3) Electromagnetic Radiation. No use of electromagneticradiation shall be permitted for suchpurposes as communication, experimentation,entertainment, broadcasting, hearing, therapy,vehicle velocity measurement, weather survey,topographic survey, personal pleasure, or any otheruse directly or indirectly associated with those purposesthat does not comply with the current regulationsof the Federal Communications Commission(FCC) regarding such sources of electromagneticradiation. The FCC enforces its regulations withinthe city.(4) Fire and Explosion Hazards. All activitiesinvolving flammable and explosive materials shallprovide adequate safety devices against the hazardof fire and explosion and shall provide adequatefire fighting and fire suppression equipment asrequired by the city. In terms of fire and safety hazards,the storage and handling of inflammable liquids,liquefied petroleum, gases, and explosivesshall comply with rules and regulations of theInternational Fire Code, as amended.(5) Hazardous Substances or Waste.(a) Storage of animal or vegetable wasteshall be managed and maintained in a manner thatdoes not attract insects or rodents or otherwise createa health hazard. No waste products shall beexposed to view, from eye level, beyond the propertyline of the use storing the waste.(b) No hazardous substances or wastes shallbe released into the environment so as to causedangerous or offensive emission or contaminationof any public or private water supply, sewage treatmentprocesses, watercourse or water body, the airor the ground, except in accordance with standardsapproved by provisions of federal, state, and locallaws and regulations. The discharge of any materialsinto any manmade or natural body of water ordrainage system shall be regulated by the WashingtonDepartment of Ecology or city ordinances.(c) Manufacturing uses shall indicate themethod of storage and disposal of all industrialwaste prior to project approval.(6) Hours of Operation. The hours of operationof any use located in a residential (S-1, R-1, R-2, orR-3) district shall be consistent with the characterof a residential neighborhood.(7) Noise. Noise shall be muffled so as not tobecome objectionable due to intermittent beat, frequency,or shrillness, and shall not exceed thosestandards as determined by the WashingtonAdministrative Code (Chapter 173-60 WAC) asamended.(8) Odor. The emission of obnoxious odors orany toxic or corrosive fumes, gases, or other matterthat may injure people or property shall not be permitted.(9) Particulate Matter Emissions.(a) All uses that produce emissions shallcomply with the requirements of the EnvironmentalProtection Agency and/or the WashingtonDepartment of Ecology.(b) No residential or commercial activitythat chronically emits observable dust, dirt, fly ashor other airborne solids shall be permitted except asrelated to construction activity or with a land usepermit and approved mitigation plan.(c) Air pollution from private roads, parkinglots, and open areas shall be controlled as follows.The performance goal is to allow no degradation ofthe air quality of the Electric City area, and to preventdegradation of the ambient air quality by utilizingsufficient dust control measures, both duringperiods of construction and after project completion.(i) Visible dust generated by construction,repair, or cleaning of roads and parking areasshall be minimized by means that minimize detrimentaleffects to water quality. Chemical dust suppressantslabeled for such use may be used inaccordance with all applicable health and safetystandards.(ii) Private roads and parking areas shallbe controlled by providing paving or other surfacetreatment that minimizes visible dust emissionsand mud tracking. Housekeeping measures shall beused to minimize the accumulation of mud or duston the surface of roads.(iii) Unpaved shoulders shall be maintainedin such a way as to minimize generation ofvisible dust by wind or traffic. Unpaved nonvehicularareas shall be controlled by vegetative cover orother equally effective methods of minimizingwindblown dust.(d) Air emissions from manufacturing usesor other activities shall be controlled. No emissionsshall exceed the allowances set forth by the EnvironmentalProtection Agency.(10) Vibration. Any use permitted by this titlethat causes ground vibration or concussion that isdetectable beyond the property lines without theaid of instruments shall not be permitted except asexempted herein. The following conditions shall beexempted:(a) Vibration originating from heavy transportvehicles (e.g., trucks);18-47

18.45.050 GENERAL REGULATIONS(b) Vibration originating from site constructionactivity;(c) Vibration from heavy equipment thatoccurs no more than once daily for a period not toexceed 15 minutes.(11) Under no circumstances shall outdoor storageof materials and supplies or outdoor use areasinterfere with free use of sidewalks or publicrights-of-way by emergency service vehicles orpersonnel.(12) Specific Performance Standards. The followingstandards shall be used to assess theimpacts of a conditionally or administratively permitteduse, or a use not listed in the district usechart, in the context of the zoning district, theneighborhood, and the surrounding uses in the areain which the use is proposed, in order to minimizepotential impacts on public health, safety, welfare,and aesthetic values associated with land useslocated in the city. Any use that does not complywith the applicable specific performance standardsis prohibited.(13) Any use not specifically allowed, based onthe district use chart, must be harmonious with thedesign, character, and appearance of the neighborhoodin which it is proposed, and must notadversely affect the established character of thesurrounding neighborhood. Among the factors tobe considered are the specified intent of the zoningdistrict in which the use is proposed; aesthetic consistencywith existing structures and land use patternsand the overall character of the neighborhoodand the city; and consistency in terms of visualimpacts of parking areas, building facades, andaccessory structures.(14) Any use not specifically allowed, based onthe district use chart, must have no more adverseeffect on the health, safety, general welfare andinterest of persons living or working in the area,and must be no more injurious, economically orotherwise, to property or improvements in the surroundingarea, than would any use generally permittedin the district. Among matters to beconsidered are traffic generation; traffic flow andcontrol; access to and circulation within the property;off-street parking and loading; refuse and servicearea; utilities; screening and buffering; signs;yards and other open areas; height, bulk, and locationof structures; location of proposed open spaceuses; hours and manner of operation; and noise,light, glare, dust, odor, fumes and vibration.(15) Any use not specifically allowed, based onthe district use chart, must make efficient use ofpublic services and facilities, and must not place anundue burden on the city’s public services andfacilities or reduce the city’s public services andfacilities level of service below that intended foruses allowed by right.(16) Any use not specifically allowed, based onthe district use chart, must be consistent with thecity’s adopted comprehensive plan, and with theobjectives of any code, ordinance, regulation, specificationsor plan in effect to implement said comprehensiveplan. (Ord. 464 § 1, 2012; Ord. 416 § 1,2009)18.45.050 Development standards.The building official shall review the measuresproposed for compliance with the following developmentstandards and shall approve or conditionallyapprove a building permit application to assurecompliance with the standards.(1) All uses with the exception of single-familydwellings, duplexes, and permitted accessory usesand home businesses shall comply with the followingdevelopment standards.(2) All multifamily dwellings and commercialuses shall comply with the following standard: airconditioning, heating, cooling, and ventilationequipment, pumps, heaters and all other mechanicaldevices shall be screened. Duplexes are exemptfrom this requirement.(3) Access for commercial use to commercialproperties must be from public thoroughfares orthrough adjacent commercial property.(4) All condominiums and time-share condominiumsshall implement an ownership and maintenanceprogram for roads and common areas, ifthe development is to be sold in units, to ensure along-range maintenance program for such areas.Such measures shall be reduced to writing andrecorded, or entered on the face of a recorded plator site plan map. Duplexes are exempt from thisrequirement.(5) No use shall create a nuisance or hazard,including noise, dust, or threat to air or water qualityor to the well-being of the city and the area inwhich the use is located. (Ord. 416 § 1, 2009)18.45.060 Single-unit dwellings and duplexes.(1) Intent. The purpose of this section is toassure that all single-unit (detached) dwelling andduplexes meet a citywide standard to conform withthe character of existing residences.(2) Scope. This standard applies to all singleunit(detached) dwellings and duplex dwellingsincluding: site-built homes, manufactured homes,modular homes, and factory-built homes not18-48

ELECTRIC CITY MUNICIPAL CODE 18.45.080located in approved manufactured home parks.Mobile homes are not permitted within the city ofElectric City.(3) Requirements. Single unit (detached) dwellingsand duplex dwellings shall meet the followingconditions for placement:(a) Foundations. Dwellings are installedwith a foundation of poured concrete or masonryextending around the perimeter of the unit(s).Foundations may include perimeter wall foundationsand concrete slabs. Pads are not acceptable.(b) Siding. Siding shall be continuous to aheight no more than 12 vertical inches above thefinished ground surface. Siding materials near theground are of the same (or similar) material, color,and pattern as siding on other portions of the dwelling.Homes placed on a slope, or which exhibitother unique site-related challenges that make itdifficult for the homeowner to comply with thisrequirement, will be reviewed on a site-by-sitebasis. All homes should meet the general intent ofthis provision.(c) Minimum of one outside hose bib.(d) Covered parking for two vehicles.(e) Minimum Roof Pitch. Dwellings shallhave a roof pitch of at least a three-inch rise forevery 12 inches of horizontal run.(f) Minimum Roof Projection.(i) Roof shall have a minimum roof projectionof 12 inches along three sides of the structureif the dwelling is located within the residentiallow density (R-1) district.(ii) Roof shall have a minimum roof projectionof six inches along all four sides of thestructure if the dwelling is located within a districtother than the residential low density (R-1) or suburban(S-1) districts.(iii) Roof projections include all eavesand components of the impervious portions of aroof.(4) Minimum Dimensions. Measured from theexterior walls’ outermost surface, the buildingfootprint shall at a minimum enclose a square 23feet by 23 feet.(5) Minimum Square Footage. The minimumsquare footage is dependent upon zoning districtrequirements as identified in Table 2, GeneralDevelopment Standards for All Districts.(6) Accessories for Travel. Tongues, trailerhitches, amber lights, and wheels must beremoved.(7) Attached Structures. Attached structuresshall meet the city requirements for new buildings.Attached structures for manufactured homes mustmeet applicable state and federal requirements.(8) Utilities. A utilities plan identifying thelocation and mode of all utilities must be submittedto the building inspector. Installation shall complywith all standards required by the city of ElectricCity. (Ord. 416 § 1, 2009)18.45.070 Clear vision requirements.(1) Intersections – Requirement. A clear visionarea shall be maintained on the corners of all propertyadjacent to the intersection of two streets. Aclear vision area shall contain no sight-obscuringor obstructing planting, fence, or other temporaryor permanent obstruction from the top of the curbor, where no curb exists, from the established centerline grade of the street.(2) Intersection – Measurement. A clear visionarea shall consist of a triangle, two sides of whichare curb lines (or street edge lines) and the thirdside of which is a line across the corner of the lotconnecting the ends of the other two sides. The sizeof the clear vision area is determined by the distancefrom the intersection of the two street lines tothe third side, measured along the street. Therequired size in all districts is 15 feet for each of thetwo street sides. (Ord. 416 § 1, 2009)18.45.080 Fences.(1) In residential (S-1, R-1, R-2, R-3 and R-3R)districts, the C-1 and C-2 districts, and the PDDoverlay, sight-obscuring perimeter fences shall notexceed six feet in height unless required as a conditionof approval for a development permit orapproved by the planning commission.(2) Fences are subject to provisions of the InternationalBuilding Code. (Ord. 416 § 1, 2009)18-49

18.47.010 LANDSCAPING BUFFER AND SCREENING REQUIREMENTSChapter 18.47LANDSCAPING BUFFER ANDSCREENING REQUIREMENTSSections:18.47.010 Purpose.18.47.020 Applicability.18.47.030 Plan submittal and review.18.47.040 Buffer and screening requirements.18.47.050 Performance assurance.18.47.060 Alternative buffer and screeningoptions.18.47.070 Maintenance.18.47.080 Restrictions.18.47.090 Appeals.18.47.100 Enforcement.18.47.010 Purpose.The intent of this chapter is to establish minimumnatural screening and buffer requirements inorder to promote safety, privacy, and public wellbeing;protect and maintain property values,appearance and character of neighborhoods; toprovide a method to mitigate adverse climatic,visual and auditory effects associated with intensifiedurban development and to enhance the city’sappearance. This chapter provides an effectivemanner to achieve the above objectives. (Ord. 416§ 1, 2009)18.47.020 Applicability.(1) New or Expanded Structures. The provisionsof this chapter shall apply to all new orexpanded structures which are located in C-1 orC-2 zones, including parking lots so far as they arenot otherwise covered under Chapter 18.45ECMC, and includes all new structures and allintensified, modified, expanded, repaired or alteredexisting uses and structures when the cost of suchintensification, modification, expansion, repairs oralteration exceeds 50 percent of the existing valueof said use or structure. Parking lots are includedwithin the application of this chapter to permit theadministrator to proceed to give notice to the ownersof such properties and require compliance withthis chapter or Chapter 18.45 ECMC within thetime limits provided in this chapter.(2) Existing Structures. These standards areencouraged for all structures existing as the date ofadoption of the ordinance codified in this title.(3) The buffer and screening requirements ofthis chapter shall be required for every propertyline that is adjacent to, contiguous to, abuts,adjoins, fronts or borders a public street, publicright-of-way, or public highway, including railroadrights-of-way, or a residential zone. (Ord. 416 § 1,2009)18.47.030 Plan submittal and review.(1) All construction and development applicationsto which this chapter applies shall includedetailed plans for screening and buffering requiredfor compliance with this chapter. Plans shall bedrawn to scale, shall include the materials andmethod(s) to be used to comply with this chapter,identify size and location of planted materials,identify and show existing trees or shrubs that areto remain, illustrate the method of tree and shrubprotection of the landscaped area, shall identifyany evergreen plants and trees by botanical andcommon names, and shall include information onthe growing characteristics of the trees and plants,such as minimum and maximum mature height.(2) The plans shall also include a description ofthe method(s) and material(s) required to maintainall vegetation in a healthy growing condition,including any proposed irrigation system. If theplans do not include an automatic irrigation system,the plans shall describe in detail the proposedirrigation method. All maintenance costs shall beborne by the property owner.(3) All plans shall be submitted to the city forreview and approval prior to the issuance of abuilding permit. No building permit may issueuntil plans have been submitted to and approved bythe city.(4) The city may reject any proposal deemed tobe inadequate to accomplish the buffer and screeningobjectives of this chapter. (Ord. 416 § 1, 2009)18.47.040 Buffer and screening requirements.The buffer and screening requirements of thischapter shall include a combination of the following:(1) The provisions of this title shall not apply tovacant or undeveloped lots even though they arelocated wholly or in part in a C-1 or C-2 zone.(2) The purpose of this title shall be to allow thecity to provide a means of review and implementationof sight-obscuring devices in connection withactivities which are conducted, allowed or carriedon in the affected zones. Specifically, the intent ofthis title is to provide for the screening from generalpublic of garbage containers and solid wastecompaction or collection devices; outdoor storageof equipment, materials, supplies or products, otherthan for commercial sale in limited and reasonable18-50

ELECTRIC CITY MUNICIPAL CODE 18.47.060numbers including new vehicle display lots, truckworking yards, gravel pits, equipment repair yards,mill yards, factory yards, loading docks, deliverydepots, salvage yards, junk yards, any area whereloading, unloading, storage, manufacturing or processingis conducted on a continuous or frequentbasis and recycling facilities; the direct view intooperating or nonoperating facilities, mills, plants,shops, pits, hoists, or ramps; storage areas andholding areas in C-3 zone, and, like commercial orindustrial activities which the administrator determinesto be of such a nature as to require screeningunder this title. Parking lots and parking facilitiesrelated to commercial and industrial operationsshall be screened and/or landscaped as provided inthe zoning and land use portions of this code.(3) Landscaping. A landscaping buffer andscreening is required for every property linereferred to in ECMC 18.47.020. All such landscapingbuffer and screening plantings shall be to adepth of sufficient amount to permit the passage ofpedestrians along streets abutting the property lineand to permit safe sight lanes at intersections anddriveways, which shall be determined by the city atthe time of plan review and approval. All landscapingbuffers and screening shall be accomplished bya continuous planting of evergreen trees and/orshrubs, except driveways and pedestrian walks,that will close together and produce a dense, sightobscuringscreen at least eight feet in height withinthree years of planting and shall be allowed to growno higher than can be permitted to maintain the stabilityof the plantings during high winds and toavoid contact with any overhead cables, wires, orlines. The horizontal sight area shall be no less than70 percent obscured in less than three years.(4) Fence. A solid fence, solid wall or chain linkfence with filler strips is required for every propertyline referred to in ECMC 18.47.020 and shallbe constructed and maintained of appropriate colorsand materials as a backdrop to the landscapingbuffer and screening plantings unless the administratordetermines that landscaping alone will besufficient to provide the buffering required by thischapter. If the fencing requirement is waived on thecondition landscaping will provide an adequatebuffer and the landscaping is not developed, isallowed to die or is not maintained as initially indicatedto the administrator, the administrator canrequire the installation of fencing as provided inthis chapter. In addition to the provisions of thischapter, all fences or walls required by this chaptershall also comply with the other provisions of thiscode.(5) Any new or expanded use or structure shallbe subject to correction and compliance withECMC 18.47.020(B), but only after the administratorhas provided written notice of the need tocomply with the provisions of this chapter. In thatevent, the property owner shall have no less thanone year from the date of the notice to come intocompliance with the provisions of this chapter.Any property owner feeling aggrieved by adirective from the administrator to bring an existingstructure or use into compliance with the provisionsof this chapter shall have the right within 10days of the receipt of the written notice from theadministrator to bring the property into complianceto appeal this determination to the hearing examiner.In such an appeal, the burden shall be upon theproperty owner appealing the directive of theadministrator to establish that the property in questionis not required to comply with the provisionsof this chapter. (Ord. 416 § 1, 2009)18.47.050 Performance assurance.Prior to the issuance of any building permits forthe project, a performance bond shall be submittedto the city in an amount determined by the city tobe sufficient to guarantee installation of therequired landscaping and fencing and also coverthe replacement of any vegetation that dies withinthe first year. Required landscaping and fencingshall be installed and constructed within threemonths of the date of final inspection or the issuanceof a certificate of occupancy, whichever islater. The bond shall expire at the end of the first 12months following installation of the landscapingand fencing. If the requirements of this chapter arenot met, the city may use the bond to complete therequired landscaping or fencing buffer and screening.(Ord. 416 § 1, 2009)18.47.060 Alternative buffer and screeningoptions.The city may waive the buffer and screeningrequirements if the existing structure is situated onor in such close proximity to the property line orright-of-way that compliance with the buffer andscreening requirements is impossible.The city may approve a modification of thebuffer and screening requirements if:(1) There is a proposed alternative which meetsthe purpose of this chapter; and(2) The alternative better accommodates theexisting physical conditions of the property, topographyor existing vegetation, or provides significantelements for visual screening, wind18-51

18.47.070 LANDSCAPING BUFFER AND SCREENING REQUIREMENTSprotection, solar access and shading, and the proposedalternative represents an equal or superiorresult than would be achieved if the requirementsof this chapter were strictly followed. (Ord. 416§ 1, 2009)18.47.100 Enforcement.This chapter shall be enforced as provided inChapter 18.80 ECMC. (Ord. 416 § 1, 2009)18.47.070 Maintenance.(1) All landscaped areas required by this chaptershall be permanently maintained in a healthygrowing condition in order to accomplish the purposefor which they were required. All fence orwall structures required by this chapter shall bepermanently maintained in a state of good structuraland aesthetic repair.(2) Dead or diseased plants, as determined bythe city, must be replaced within 30 days of notification,or as soon as practical in regard to freezingweather, or complex situations involving removaland replacement of large trees. Deterioratingfences or walls, as determined by the city, must berepaired or replaced within 30 days of notification.(3) All plantings must be fertilized, irrigatedand pruned at such intervals necessary to promoteoptimum growth. All landscaped areas shall bekept free of debris and weeds.(4) The owners, their agents or assigns, areresponsible for providing, protecting and maintainingall landscaping material in a healthy growingcondition, replacing it when necessary, and keepingit free of refuse, weeds, and debris.(5) The failure of a responsible person to maintainplantings in compliance with this section shallbe deemed a violation of Chapter 1.15 ECMC andshall subject the violator to all the remedies availableto the city pursuant to that chapter. (Ord. 464§ 1, 2012; Ord. 416 § 1, 2009)18.47.080 Restrictions.No buffer or screening required by this chaptershall be constructed or maintained so as to constitutea nuisance as defined by state law and/orChapter 8.20 ECMC. (Ord. 464 § 1, 2012; Ord.416 § 1, 2009)18.47.090 Appeals.Any person aggrieved by an action of the city inthe enforcement of this chapter may appeal to thehearing examiner within 10 days of the actiontaken pursuant to Chapter 2.35 ECMC. Appeals ofhearing examiner’s decisions shall be made to theGrant County superior court pursuant to Chapter36.70C RCW. (Ord. 464 § 1, 2012; Ord. 416 § 1,2009)18-52

ELECTRIC CITY MUNICIPAL CODE 18.49.050Chapter 18.49SITE PLAN REVIEWSections:18.49.010 Intent.18.49.020 Applicability.18.49.030 Site plans and review.18.49.040 Preliminary site plan conference.18.49.050 Contents of application.18.49.060 Application open for publicinspection.18.49.070 Duration of approval.18.49.080 Amendments to a site plan.18.49.010 Intent.This chapter is intended to provide proceduresfor the review of site plan applications. Site planreview is intended to ensure that new developmentprojects carried out in given zoning districts areexecuted in a manner consistent with existing ordinancesconcerning public utilities, traffic, facilities,and services and provide unified site design,access, landscaping, screening, building placement,and parking lot layout. It is intended toensure that development of a site will provide thefeatures necessary to protect the health, safety, andgeneral welfare of the citizens of the city. (Ord. 427§ 1, 2010)18.49.020 Applicability.(1) Site plan review and approval shall berequired prior to issuance of a building permitwhen provided under this chapter.(2) Site plan review and approval shall berequired for all new nonresidential uses and for anymultifamily residential development of three ormore units. (Ord. 427 § 1, 2010)18.49.030 Site plans and review.Any use that is subject to the requirements for asite plan review prior to issuance of building permitsshall be processed in accordance with the followingprocedures:(1) Application. Site plan review shall be initiatedat the time of building permit application andshall be conducted concurrently with the buildingstructural review.(2) City Planner Review. The city planner shallreview the site plan information submitted with thebuilding permit application to ensure the proposalis:(a) Compatible with the city’s comprehensiveplan.(b) Compatible with the surrounding buildings’occupancy and use factors.(c) All relevant statutory codes, regulations,ordinances, and compliance with the same.(3) Additional information may be requiredfrom the city planner if deemed necessary to meetthe requirements in subsection (2) of this section.(4) The review and decision of the city plannershall be in accordance with the provisions of thischapter. (Ord. 427 § 1, 2010)18.49.040 Preliminary site plan conference.Prior to applying for a building permit, a developermay present to city staff a preliminary siteplan, which shall contain in a rough and approximatemanner all of the information required on thebuilding permit application. The purpose of theconference is to enable the developer to obtain theadvice of city staff as to the intent, standards, andprovisions of this chapter with regard to the proposedplan. Information presented for preliminarysite plan discussion shall be considered confidential.(Ord. 427 § 1, 2010)18.49.050 Contents of application.Each site plan submitted associated with thebuilding permit application shall contain the followinginformation:(1) An environmental checklist when required.(2) The title and location of the proposed development,together with the names, addresses, andtelephone numbers of the recorded owners of theland and the applicant, and if applicable, the name,address, and telephone number of any architect,planner, designer, or engineer responsible for thepreparation of the plan, and of any authorized representativeof the applicant.(3) A written description addressing the scopeof the project, the nature and size in gross floor areaof each use, and the total amount of square feet tobe covered by impervious surfaces.(4) A vicinity map showing site boundaries andexisting roads and accesses within and boundingthe site.(5) A topographic map delineating contours,existing and proposed, at five-foot intervals andwhich locates existing streams, marshes, and othernatural features when applicable.(6) Site plans drawn to a scale no smaller thanone inch equals 30 feet showing location and sizeof uses, buffer areas, yards, open spaces, and landscapedareas and any existing structures, easements,and utilities.18-53

18.49.060 NONCONFORMING USES AND STRUCTURES(7) A circulation plan drawn to a scale acceptableto the public works director illustrating allaccess points for the site, the size and location of alldriveways, streets and roads with proposed widthand outside turning radius, the location, size anddesign of parking and loading areas, and existingand proposed pedestrian circulation system.(8) A drainage and stormwater runoff planwhen applicable.(9) A utility plan.(10) A site plan of all proposed landscapingincluding the treatment and materials used for openspaces, and the types of plants and screening to beused.(11) Typical building elevation and architecturalstyle.(12) Landscaping and irrigation plan.(13) Any other information deemed pertinentby the city staff. (Ord. 427 § 1, 2010)18.49.060 Application open for publicinspection.From the time of the filing of the applicationuntil the time of final action by the city, the applicationtogether with all plans and data submittedshall be available for public inspection uponrequest. (Ord. 427 § 1, 2010)18.49.070 Duration of approval.Duration of the site plan approval shall be identicalto the duration of the approval of the buildingpermit. (Ord. 427 § 1, 2010)18.49.080 Amendments to a site plan.(1) Minor adjustments may be made andapproved when a building permit is issued. Anysuch alteration must be approved by the city planner.Minor adjustments are those which may affectthe precise dimensions or siting of buildings (i.e.,lot coverage, height, setbacks) but which do notaffect the basic character or arrangement and numberof buildings approved in the plan, nor the densityof the development or the amount and qualityof open space and landscaping.(2) Major amendments are those which substantiallychange the character, basic design, density,open space or other requirements andconditions of the site plan. When a change constitutesa major amendment, no building or other permitshall be issued without prior review andapproval by the city planner. (Ord. 427 § 1, 2010)Chapter 18.55NONCONFORMING USES ANDSTRUCTURESSections:18.55.010 Continuation of nonconforming usesand structures.18.55.020 Nonconforming uses, conditions uponcontinued existence, when, procedure.18.55.030 Nonconforming structure.18.55.040 Change of a nonconforming use.18.55.050 Change of district.18.55.060 Remodeling a nonconforming use.18.55.070 Rebuilding duplexes in R-1 zones.18.55.010 Continuation of nonconforminguses and structures.Uses of land and structures existing on the dateof adoption of the ordinance codified in this title,although such use or structure does not conform tothe provisions of this title, may continue upon suchconditions as prescribed by the planning commission.After this title becomes effective, nonconforminguses or structures damaged by fire or othercause to an extent exceeding an aggregate cost of25 percent or more of its replacement value, orabandoned through discontinuation of use for aperiod exceeding 12 months or more, subsequentuse of the land and/or structure shall be in conformitywith the provisions of this code. The extensionof a nonconforming use to a portion of astructure which was arranged or designed for thenonconforming use on or before the date of adoptionof the ordinance codified in this title shall notbe considered an extension of a nonconforminguse.The conditions prescribed by the planning commissionfor the continued use of a nonconforminguse or structure must bear a substantial relation tothe alleviation of a hazard to the health, morals,safety, or general welfare of the entire affectedcommunity and in particular that of surroundinginhabitants. Conditions may be prescribed including,but not limited to, those situations existingbecause of fumes, odors, glare, noise, smoke, dust,unsightly materials, or other objectionable factors.If, in fact, conditions are prescribed by the planningcommission, such conditions shall bereviewed and revised, if necessary, no less frequentlythan every two years and/or upon changeof ownership.An appeal may be taken of the planning commission’sruling to the hearing examiner as pre-18-54

ELECTRIC CITY MUNICIPAL CODE 18.55.020scribed in Chapter 19.11 ECMC. (Ord. 464 § 1,2012; Ord. 416 § 1, 2009)18.55.020 Nonconforming uses, conditionsupon continued existence, when,procedure.(1) Those nonconforming uses allowed to continueto exist pursuant to ECMC 18.55.010, as nowenacted or as hereafter amended, may be conditionedas provided in this section.(2) The administrator, upon receipt of anyclaim, complaint, report, or information that a nonconforminguse exists within the city shall investigatesuch claim, complaint, report, or informationand make a determination as set forth below.(3) At the conclusion of his or her investigation,the administrator shall determine if the use is anonconforming use.(4) If the use is found to be conforming use, theadministrator shall determine whether or not theuse is allowed to continue pursuant to ECMC18.55.010. If the use is not found to be a useallowed to continue pursuant to ECMC 18.55.010,the administrator shall proceed as provided in thischapter to terminate the use.(5) If the use is found to be a nonconforminguse allowed to continue pursuant to ECMC18.55.010, the administrator shall make writtensummary of his or her findings and submit them,together with any conditions that, in his or heropinion, should be attached to the use, to the planningcommission.(6) Upon receipt of the documentationdescribed in subsection (5) of this section, the planningcommission shall proceed to set a date for apublic hearing before it. The purpose of that hearingshall be to determine what conditions, if any,shall be attached to the continuing nonconforminguse pursuant to ECMC 18.55.010. Notice of thehearing shall be published at least once prior to thehearing in a newspaper of general circulation in thecity. Additionally, the administrator shall causenotice of the public hearing to be delivered to theadjacent land owners and occupants by mailing,posting, or personal notification, whichever theadministrator determines is likely to give actualnotice of the hearing to those persons.(7) At the conclusion of the public hearing, theplanning commission shall make a finding onwhether or not conditions need to be imposed pursuantto ECMC 18.55.010. If the planning commissionfinds conditions are necessary, it shall makefindings as to what conditions shall be imposed andthe reasons therefor.(8) Any nonconforming use found to berequired to be conditioned will be allowed to continueas long as the person, firm, partnership, orcorporation responsible for that nonconforminguse agrees to abide by and be governed by the conditionsimposed by the planning commissionwithin the time limit set by the planning commission.The conditions imposed by the planning commissionmay be for a period of up to 24 months.The planning commission may require more frequentreview of the conditions imposed on the useas it may direct at the initial public hearing or anysubsequent review.(9) Additionally, the planning commission maybring a set of conditions on for review before thedate provided at the time the conditions were set,upon a complaint being brought to its attention bythe administrator or any citizen. The planning commissionshall determine from a review of the complaintwhether or not the allegation is sufficient towarrant a further hearing on the question. If a furtherhearing is deemed appropriate, the planningcommission shall cause to be sent to the person,firm, partnership, or corporation responsible forthe nonconforming use a notice of a hearing beforethe planning commission setting the date, time andplace of the hearing. The notice shall provide, in allcapital letters, in a conspicuous place thereon:“THIS HEARING COULD DETERMINEWHETHER OR NOT YOUR NONCONFORM-ING USE IS ALLOWED TO CONTINUE.” Saidnotice shall be delivered in the same manner as personalservice of summons to the responsible person,or posted upon the real property in question, orsent by United States mail service, postage prepaid,to the address of the responsible person. Saidnotice shall allow the responsible party five days’time before the hearing within which to prepare,unless the planning commission finds at the time itconsiders the allegation of noncompliance that thepublic health, safety, and morals require a hearingbefore that time.(10) Either prior to or at least at the time of thehearing to consider the allegations of a complaintconcerning noncompliance with conditions, theplanning commission shall inform the person, firm,partnership, or corporation responsible for the nonconforminguse of the notice of the alleged violation.The administrator shall present the evidenceof the failure to comply. The responsible personshall then be allowed to respond if that person sodesires. The planning commission shall then makeits findings. It shall find whether or not the conditionshave been violated; whether or not any viola-18-55

18.55.030 NONCONFORMING USES AND STRUCTUREStion has occurred of such magnitude to requireadditional conditions, more frequent reviews ofconditions, or termination. If termination of theprivilege to continue the nonconforming use isdetermined by the planning commission as the onlymethod that can protect the public health, safety,and morals to an acceptable degree, the planningcommission shall determine the date and time oftermination. Once the privilege is terminated forfailure to observe conditions, the planning commissionshall proceed to direct the building officialto enforce the provisions of this chapter to terminatethe use.(11) Any person aggrieved by the decision ofthe planning commission may appeal to the GrantCounty superior court as provided in Chapter 19.11ECMC. (Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)18.55.030 Nonconforming structure.A structure conforming with respect to use butnonconforming with respect to height, setback, orcoverage may be altered or extended if the alternationor extension does not deviate further from thestandards of this title, unless otherwise stated inthis chapter. (Ord. 464 § 1, 2012; Ord. 416 § 1,2009)18.55.040 Change of a nonconforming use.If a nonconforming use is replaced by anotheruse, the new use shall conform to this title and shallnot subsequently be replaced by a nonconforminguse. (Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)18.55.050 Change of district.The provisions of this chapter shall also apply tononconforming uses in districts hereafter changedor established and any time limit for the suspensionof a nonconforming use of land shall date from thedate of the enactment of the ordinance codified inthis title or any amendment of district boundariesor amendment or adoption of zoning ordinances.(Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)18.55.060 Remodeling a nonconforming use.Recognizing that there are nonconformingbuildings or structures which are now existingwhich should be upgraded or improved by replacement,rebuilding, or addition thereto, the city councilmay, after a public hearing before the planningcommission, issue a permit for the replacement,rebuilding, or addition to an existing nonconformingbuilding or structure. As a condition to the issuanceof the permit, the city council shall requireplans and specifications of the proposed replacement,rebuilding, or addition be filed and that abond in an amount to be set by the council beposted to assure compliance with the plans andspecifications so filed. No permit shall be issuedunless the city council finds that the proposedreplacement, rebuilding, or addition will be compatiblewith the lot or tract of land involved and,further, that it will not be detrimental to the health,safety, or welfare of the surrounding area.The aforesaid section shall not apply to duplexesin areas currently zoned R-1 or areas subsequentlyzoned R-1 either through a rezoning or upon territorybeing annexed into the corporate limits of thecity of Electric City which are intended to bereplaced, rebuilt, or added to totally or partiallybecause of destruction. In the case of such replacement,rebuilding, or addition, ECMC 18.55.070shall apply. (Ord. 464 § 1, 2012; Ord. 416 § 1,2009)18.55.070 Rebuilding duplexes in R-1 zones.In areas currently zoned R-1 or areas subsequentlyzoned R-1 either through a rezoning orupon territory being annexed into the corporatelimits of the city of Electric City, if a duplex existsas a nonconforming use and is destroyed, it may bereplaced, rebuilt, or added to by the owner/purchaser/vendeeof the duplex without reference tothe provisions of this section. In the case of suchaforesaid replacement, rebuilding, or addition, theduplex may be replaced, rebuilt, or added to uponobtaining a building permit as is required for allconstruction in the city; provided, that the replacement,rebuilding, or addition otherwise complieswith all other current or subsequently enacted ordinancesof the city.If an exclusion from any ordinances is desiredduring this rebuilding, replacement or addition process,application must be made to the city council,who may allow the sought after exclusion if thecity council finds that strict adherence to the ordinanceswould work an injustice against theowner/purchase/vendee of the duplex and furtherwould not be detrimental to the health, safety, orwelfare of the surrounding area. (Ord. 464 § 1,2012; Ord. 416 § 1, 2009)18-56

ELECTRIC CITY MUNICIPAL CODE 18.60.030Chapter 18.60SIGNSSections:18.60.010 Purpose.18.60.020 Scope.18.60.030 Definitions.18.60.040 Exempted signs.18.60.050 Prohibited signs.18.60.060 Temporary signs.18.60.070 Permanent signs.18.60.080 Sign permits.18.60.090 Landmark and abandoned signs.18.60.100 Construction and maintenancestandards.18.60.110 Nonconforming signs.18.60.120 Exceptions.18.60.130 Enforcement.18.60.010 Purpose.The city council finds that signs provide animportant medium through which individuals andbusinesses may convey a variety of messages.However, left completely unregulated, signs canbecome a threat to public safety and a traffic hazardas well as an obstruction to Electric City’s uniquelandscape.The standards contained in this chapter are primarilyintended to balance the needs of businessesand individuals to convey their messages throughsigns, and the right of the public to be protectedagainst the unrestricted proliferation of signs andtheir effect on public and traffic safety. In anattempt to achieve the balance, the purpose of thischapter is to:(1) Improve the visual qualities of ElectricCity’s streetscape environment through the use ofequitably applied sign height, size and locationstandards;(2) Provide minimum, consistent and enforceablesign standards by regulating sign location,size, height, illumination, construction, and maintenance;(3) Minimize visual clutter caused by signs bylimiting their numbers and duration of use;(4) Protect citizen safety by prohibiting hazardoussigns;(5) Ensure compliance with state and federallaws regarding advertising by providing rules andstandards that are content neutral; and(6) Provide for near term and longer termimprovements to signage through the use of appropriateamortization and incentive policies. (Ord.466 § 2, 2012)18.60.020 Scope.All signs visible from the public right-of-way orprivate areas open to public travel within the citycorporate limits shall be within the scope of thischapter. The copy or message of signs is not regulatedby this chapter.No sign shall be permitted in the city of ElectricCity unless in accordance with the provisions ofthis chapter or unless determined to be legally nonconformingto the requirements of this chapter withthe exception that where a planned developmentoverlay exists, any signage restrictions adoptedwith that planned development overlay shall takeprecedence. (Ord. 466 § 2, 2012)18.60.030 Definitions.For the purpose of this chapter, certain termsand words are defined as follows: words used in thepresent tense include the future; the word “shall” ismandatory; the word “may” is discretionary; thephrase “used for” shall include the phrases“arranged for,” “designed for,” “maintained for,”and “occupied for”; and the word “business” shallbe associated with the zoning terms and activitiesof “permitted use” and “conditional use.” The followingterms shall mean:“Abandoned sign” means a sign or sign structurewhere either: (a) the sign is no longer used bythe property or sign owner. Discontinuance of signuse may be shown by cessation of use of the propertywhere the sign is located; or (b) the sign hasbeen damaged, and repairs and restoration are notstarted within 45 days of the date the sign was damaged,or are not diligently pursued, once started.“Accessory sign” means signage which is anintegral part of outdoor display structures associatedwith a commercial or industrial use such assoft drink machines, gas pump, newspaper dispensers,and other similar structures.“Alteration” means any change in the size,shape, method of illumination, construction or supportingstructure of a sign.Area (of a Sign).(1) Projecting, Portable and Freestanding. Thearea of the sign shall be measured as follows: Thearea around and enclosing the perimeter of the cabinetor module shall be totaled to determine theaggregate sign area. If the sign is composed of twoor more sign cabinets or modules, the area enclosingthe entire perimeter of all cabinets and/or moduleswithin a single, continuous geometric figure18-57

18.60.030 SIGNSshall be the area of the sign. The perimeter of measurablearea shall not include embellishments suchas pole covers, framing, decorative roofing, etc.;provided, that there is no written copy of suchembellishments. All face areas of any multi-facedsign shall be counted in calculating its area. For adouble-faced sign in a single cabinet, only the areaof one face is counted.(2) Wall Signs. The area around or enclosingeach sign cabinet, or where sign cabinets are notused, the area shall be that within a single, continuousperimeter composed of any straight line geometricfigure which encloses the extreme limits ofthe message.“Awning” means a secondary covering attachedto the exterior wall of a building. The location of anawning on a building may be above a window, adoor or over a sidewalk. An awning is oftenpainted with information as to the name of the business,thereby acting as a sign in addition to providingprotection from weather.“Balloon sign” means a sign made from a nonporousbag of tough light material normally filledwith heated air or a gas lighter than air so as to riseand float and displaying graphics, symbols and/orwritten copy.“Banner sign” means a sign made of fabric orany nonrigid material with no enclosing framework.“Canopy” means an awning supported by atleast two columns. A canopy is able to extend furtherfrom a building than an awning, as in the caseof an entrance to a restaurant or retail store.“Double-face sign” means a sign with advertisingon two faces wherein the faces are parallel orwithin 10 degrees of parallel.“Face (of a sign)” means the area of a sign onwhich the advertising is placed.“Festoons” means a string of ribbons, tinsel,small flags or pinwheels.“Flashing sign” means a sign which contains anintermittent or sequential flashing light source usedprimarily to attract attention. Does not includeelectronic changeable copy signs or signs which,through reflection or other means, create an illusionof flashing of intermittent light.“Freestanding sign” means a sign supportedupon the ground by a frame, pole(s), or other supportstructure which is not attached to any building.A freestanding sign shall count as one sign, even ifit has two or more faces.(1) “Monument” means a freestanding sign ofwhich the entire bottom of the sign is generally incontact with or in close proximity to the ground.Does not include pole or pylons signs.(2) “Pylon sign” means a freestanding sign,usually double-faced, mounted on one or two supportsabove ground level. Also referred to as a polesign.“Changeable copy sign (electronic)” means asign on which the copy changes electronically.“Changeable copy sign (manual)” means a signon which copy is changed manually in the field,e.g., the panel permanently affixed as part of alarger sign, commonly used to advertise specialsfor commercial businesses.“Clearance (of a sign)” means the vertical distancemeasured from the lowest point of the sign tothe natural surface grade beneath the sign.“Copy” means the message on a sign surface ineither permanent or removable letter form.“Frontage” means the length of the property lineof a lot or parcel along a public right-of-way onwhich it borders.“Hazardous sign” means a sign which is detrimentalto the public safety, including but not limitedto any sign that has a design, color or lightingwhich may be mistaken for a traffic light, signal ordirectional sign; any sign which is located in sucha manner as to obstruct free and clear vision tomotorists or pedestrians at intersections and driveways;any sign which, because of its location,would prevent free ingress to or egress from anydoor, window, or fire escape; any sign that isattached to a standpipe or fire escape; any sign18-58

ELECTRIC CITY MUNICIPAL CODE 18.60.030which has lighting which temporarily blinds orimpairs one’s vision; or any sign which is in a leaning,sagging, fallen, decayed, deteriorated or otherunsafe condition.“Height (of a sign)” means the vertical distancemeasured from the highest point of the sign to thenatural surface grade beneath the sign.“Illuminated sign” means a sign with an artificiallight source incorporated internally (i.e., directillumination), or with an external light sourcedirected to illuminate the exterior surface of thesign (i.e., indirect illumination). This definitionincludes signs with light sources which are disconnectedfrom power.“Incidental sign” means a small sign, emblem ordecal typically used to inform the public of goods,facilities or services available on the premises(e.g., a credit card sign or a sign indicating hours ofbusiness).“Landmark sign” means a sign found to be ofhistorical or local significance by the planningcommission.“Maintenance” means, for the purposes of thischapter, the cleaning, painting, repair or replacementof defective parts of a sign, or to achieve achange in sign face, in a manner that does not alterthe basic design or structure of the sign.“Marquee” means a permanent roof-like projectionfrom a building above the building entrance.“Mounted sign” means a sign permanentlyattached to a building.(1) “Canopy sign” means a sign painted on,printed on, or attached flat against the surface of acanopy or awning.(2) “Projecting sign” means a sign, other than aflat wall sign, which is attached to and projectsfrom a building wall or other structure not specificallydesigned to support the sign.(3) “Roof sign” means any mounted sign thatprojects above the top of a wall, eave or parapet.(4) “Hanging sign” means a sign that hangsbeneath a marquee, canopy or awning and is perpendicularto the building face.(5) “Wall sign” means a sign attached parallelto and extending not more than 12 inches from thewall of a building. This definition includes painted,individual letters and cabinet signs.“Moving sign” means a sign which uses mechanizedmovement (e.g., rotation) to attract attention,depict action or to create a special effect or scene(and includes dancing inflatable displays).“Multi-tenant complex” means a developmentconsisting of one or more lots and two or morebusinesses sharing appurtenant facilities, such asdriveways, parking and pedestrian walkways, andis designed to provide varied products and servicesat a single location.“Nonconforming sign” means an existing sign,lawful before enactment of this chapter, whichdoes not conform to the requirements of this chapter.“Permanent sign” means a sign structurallyaffixed to the ground or to a building and intendedfor display for more than 12 consecutive months.“Portable sign” means a sign not permanentlyaffixed to a sign structure, a building or the ground.“Sign” means any device, structure, fixture,placard, and any related support structure erectedfor the purpose of displaying graphics, symbols,and/or written copy designed specifically for thepurpose of advertising or identifying any business,person, institution, commodity, service, entertainment,or activity.18-59

18.60.040 SIGNS“Site” means a lot, parcel or tract of land undercommon ownership and/or developed together as asingle development site, regardless of how manyuses occupy the site.“Temporary sign” means a sign or advertisingdisplay constructed of fabric, vinyl, paper, cardboard,plywood, or other light materials, with orwithout a frame, not permanently attached to abuilding, structure or ground intended to be displayedfor a specific and limited period of time. Asign that will become obsolete after the occurrenceof an event or series of events. Temporary signstypically include, but are not limited to, portablesigns, event signs, for sale and lease signs, garagesale signs and political campaign signs.“Video sign” means an electronic changeablecopy sign providing information in both a horizontaland vertical format (as opposed to linear), andhaving the capacity to create continuously changingsign copy in a wide spectrum of colors, shadesand light intensities.“Window sign” means an unlighted signinstalled inside a window or painted on a windowand intended to be viewed from the outside. (Ord.466 § 2, 2012)18.60.040 Exempted signs.The following signs shall not require planningapproval for their use though some may require abuilding permit. Use of these signs does not affectthe amount or type of signage otherwise allowedby this chapter. All signs listed in this section aresubject to all other applicable requirements of thischapter.(1) Official signs placed or authorized by thecity, county, state or federal government in thepublicly owned right-of-way as well as officialsigns required by city, state or federal governmentlocated on private property;(2) Flags adopted or endorsed by a governmentalagency;(3) Tablets, cornerstones or commemorativeplaques;(4) Window displays and signs;(5) Festoons;(6) Balloon signs of less than 24 inches in diameter;(7) Seasonal decorations on private property;(8) Signs erected by a recognized neighborhoodwatch group;(9) Handheld signs;(10) Accessory signs;(11) Landmark signs;(12) Signs for hospital or emergency servicesand railroads;(13) Incidental signs, provided the signs do notexceed one and one-half square feet in area foreach sign, with no more than three signs allowedfor each permitted structure;(14) An exterior sign erected next to anentrance, exit, rest room, office door or telephone,provided the sign is no more than four square feetin area. This type of sign is typically used to identifyand locate a property feature;(15) Any sign which is not visible to motoristsor pedestrians on any public highway, sidewalk,street, alley or other area open to public travel;(16) One indirectly illuminated or non-illuminatedwall sign not exceeding one and one-halfsquare feet in area placed on any residential building.This type of sign is typically used as a name oraddress plate;(17) Signs placed in or attached to a motor vehicle,bus, railroad car or light rail car that is regularlyused for purposes other than the display ofsigns;(18) Signs, up to four square feet and no tallerthan two feet, constructed or placed within a parkinglot. These signs are typically used to direct trafficand parking;(19) A sign that does not exceed four squarefeet in area and four feet in height, and is erectedwhere there is a danger to the public or to whichpublic access is prohibited;(20) Signs located within a sports stadium orathletic field, or other outdoor assembly area whichare intended and oriented for viewing by personswithin the facility;(21) Covered flier boxes under one square footin area when attached to a temporary or permanentsign. (Ord. 466 § 2, 2012)18.60.050 Prohibited signs.The following signs are prohibited:(1) Signs or sign structures which may pose ahazard to pedestrian or vehicular traffic, includingbut not limited to signs which obstruct clear visionareas as defined in ECMC 18.45.070.(2) Signs not in compliance with applicable setbackrequirements as specified in this chapter.(3) Signs within or which overhang the publicright-of-way except signs installed or authorizedby a governmental agency.(4) Portable signs in the following categories:(a) Signs on a vehicle parked on publicproperty or right-of-way unless the vehicle is being18-60

ELECTRIC CITY MUNICIPAL CODE 18.60.070used for transport in the normal day-to-day operationsof a business.(b) Signs propped up by or leaning against amotor vehicle when such vehicle is parked in thepublic right-of-way.(5) Moving signs.(6) Balloon signs 24 inches in diameter orgreater.(7) Video signs.(8) Hazardous signs.(9) Flashing signs.(10) Signs that appear similar to traffic controldevices.(11) Signs not in compliance with this chapter.(Ord. 466 § 2, 2012)18.60.060 Temporary signs.(1) Temporary signs may be erected and maintainedonly in compliance with the following provisions:(a) Temporary signs which exceed the provisionsof subsection (2) of this section shall not bepermitted.(b) Temporary banner signs which stretchacross public rights-of-way and which are authorizedby a governmental agency are not subject tothe provisions of subsection (2) of this section.(c) With the exception of subsection (1)(b)of this section and signs installed or authorized bya governmental agency, no temporary signs arepermitted in public right-of-way.(d) Temporary and portable signs over twoand one-half feet tall shall be set back a minimumof 10 feet from the street side of a property line.This does not apply to signs placed within recessedentryways; provided, that no portion of the signextends over a public sidewalk. This does not applyto signs which hang from the face or wall of abuilding; provided, that the sign does not protrudemore than two inches from the face or wall.(e) Temporary signs affixed to a buildingmay be placed no higher than the building’s eave,top of wall or parapet.(f) With the exception of subsection (1)(b)of this section, temporary signs shall not beattached to trees, shrubbery, utility poles or trafficcontrol signs or devices.(2) Permitted Temporary Signage. Temporarysignage shall be allowed for each lot as follows:(a) Residential (R-1, R-2, R-3, S-1, MU)Zones.(i) One temporary sign per frontage, notexceeding four square feet in area, which is erectedfor a maximum of eight days in any calendar yearand is removed by sunset on any day it is erected.Such signs are typically used for garage sales.(ii) Two temporary signs not exceeding24 square feet in area allowed per subdivision duringthe build-out of the residences in the subdivision.These types of signs are typically used forsubdivision and model home identification. Nosign may be erected for any inhabited residence.(iii) One temporary sign per lot, notexceeding six square feet in area and 30 inches inheight and erected only between the hours of 5:00p.m. Friday and 8:00 a.m. Monday. Such signs aretypically used for open houses.(b) Commercial (C-1, C-2) and (MU)Zones.(i) Temporary signs mounted flush withthe building face are unlimited as to their numberand size. If mounted other than flush to a buildingface, one temporary sign, not to exceed 16 squarefeet in area, for each 250 feet of public street frontage,calculated per frontage shall be permitted.(c) All Zones.(i) Signs not exceeding six square feeteach in area during the period from six weeks priorto a public election or the time the election iscalled, whichever is earlier, to 14 days after thepublic election.(ii) One temporary sign per frontage, notexceeding six square feet in area, during the time ofsale, lease or rental of the lot/structure; provided,that the sign is removed within 30 days of the sale,lease or rental of the lot/structure.(iii) One temporary sign per frontage,not exceeding six square feet in area, during thetime of construction, landscaping or remodeling ofthe property; provided, that the sign is removedwithin 30 days of the completion of any construction,landscaping, or remodeling.(d) If a sign is for a residential use in amixed use zone, the sign must be in compliancewith residential regulations. If a sign is for commercialuse, the sign must be in compliance withthe commercial use regulations. (Ord. 466 § 2,2012)18.60.070 Permanent signs.Permanent signs may be erected and maintainedonly in compliance with the following specific provisions:(1) Residential (R-1, R-2, R-3, S-1, MU)Zones.(a) Each subdivision or multifamily complexis permitted one permanent monument sign18-61

18.60.080 SIGNSnot to exceed six feet in height and 48 square feetin area.(b) Each public school is permitted one permanentsign per public street frontage. Each signmay take any of the following forms (althoughonly one freestanding sign taller than six feet inheight is permitted per school): a nonilluminatedfreestanding sign no taller than 15 feet in heightand no larger than 36 square feet in area; an indirectlyilluminated or nonilluminated monumentsign no taller than six feet in height and no largerthan 48 square feet in area; or a nonilluminatedwall sign placed no higher than 35 feet above gradeor the eave, top of wall, or parapet (whichever isless) and no larger than 48 square feet in area. Eachsign may include changeable copy (manual or electronic)subject to subsection (4) of this section.Each sign shall meet the setbacks applicable to theresidential zone in which it is located.(c) Each church is permitted one nonilluminatedor indirectly illuminated permanent sign perpublic street frontage. No sign shall be taller thansix feet in height. If a church site has more than onefrontage, the first sign shall be no larger than 30square feet in area and any subsequent sign may beno larger than six square feet in area. Signs mayinclude changeable copy (manual or electronic).Landscaping shall be provided at the base of thesign, consistent with a plan to be submitted by theapplicant for review and approval.(2) Commercial (C-1) and (MU) Zones. Signsin the commercial and mixed use zones may bedirectly or indirectly lit and shall meet all setbackrequirements of their zone.(a) Freestanding Signs. Each site or multitenantcomplex is allowed one permanent freestandingsign not to exceed 48 square feet in areaand six feet in height. In addition, each site ormulti-tenant complex is allowed one additionalpermanent freestanding sign per 500 feet of frontage,not to exceed three per site or multi-tenantcomplex, each not to exceed 125 square feet inarea.(b) Mounted Signs. There is no limit on thearea of permanent mounted signs except as providedin subsection (3)(e) of this section.(3) Supplemental Permanent Sign Provisions.(a) No signs are permitted within a publicright-of-way unless authorized by a public agency.(b) Signs shall be erected in an upright positionand placed perpendicular to a horizontal surfaceconforming to the line from horizon tohorizon.(c) Maximum square footage restrictionsinclude changeable copy and exclude accessoryand incidental signs.(d) Minimum clearance for projecting, canopy,and hanging signs when over a walkway oraccess area is eight feet.(e) Projecting and hanging signs mayextend no more than six feet from a building’sfacade. No projecting or hanging sign may be over36 square feet in area.(f) Sign setbacks are measured from thenearest property line to the nearest portion of thesign. In addition to the specific setbacks notedabove, all signs shall meet the clear-vision requirementsof ECMC 18.45.070.(4) Electronic changeable copy signs are subjectto the following standards:(a) One electronic changeable copy sign ispermitted per site or multi-tenant complex andshall only be allowed as part of a permanent freestandingor wall sign.(b) The electronic changeable copy portionof a freestanding sign may be no higher than 12 feetabove grade.(c) The electronic changeable copy portionof a sign may not exceed 24 square feet in area.(d) Electronic changeable copy signs mustbe entirely within the boundary of the property.(e) No temporary signage is allowed on asite or multi-tenant complex if an electronicchangeable copy sign is utilized.(f) Electronic changeable copy signs mustbe permanently mounted to the ground or a structure.(Ord. 466 § 2, 2012)18.60.080 Sign permits.(1) General Provisions.(a) No sign which is not specifically listedas exempt from the provisions of this chapter shallbe erected, constructed, attached, relocated, orstructurally altered without obtaining cityapproval.(b) Such approval is not required for temporarysigns, mounted signs that protrude less than 12inches, signs listed as exempt, or for routine signmaintenance.(2) Sign Permit.(a) Permit Requirements. An applicant for asign permit shall supply the following informationon forms provided by city:(i) Size, height, location, description andmaterial of the sign;(ii) Name of the manufacturer, contractor,owner and business advertised;18-62

ELECTRIC CITY MUNICIPAL CODE 18.60.120(iii) Scaled drawing(s) and description ofcopy, structure and lighting;(iv) Photo(s) or drawing(s) of the proposedsign location(s);(v) Signature of property owner or designee;(vi) Other information required to demonstratecompliance with this chapter.(b) Sign Permit Fee.(i) The fee for a sign permit shall be asset forth in a resolution adopted by the city council.(ii) The fee for a sign permit shall bewaived if the permit application is to bring a nonconformingsign into compliance within the firsteight years following the adoption of the ordinancecodified in this chapter. (Ord. 466 § 2, 2012)18.60.090 Landmark and abandoned signs.Landmark signs and abandoned signs are subjectto the following provisions:(1) Landmark signs may be exempted from theprovisions of this chapter on recommendation ofthe city planner.(2) Abandoned signs must be removed or madeconforming within 45 days of the date they becameclassified as abandoned. (Ord. 466 § 2, 2012)18.60.100 Construction and maintenancestandards.The following standards apply to the constructionand maintenance of signs in the city:(1) All permanent signs shall be constructedand erected in accordance with the design and constructionrequirements of the most recent edition ofthe State of Washington Structural Specialty Codebased on the International Building Codes.(2) All illuminated signs shall be subject to theprovision of the State Electrical Specialty Code. Itshall be the applicant’s responsibility to demonstratecompliance with that code by supplying thecity with a copy of an approved state electrical permit.(3) All signs shall be maintained at all times ina state of good repair, and no person shall maintainor permit to be maintained on any premises ownedor controlled by him or her any sign which is in asagging, leaning, fallen, decayed, deteriorated, orother dilapidated or unsafe condition. (Ord. 466§ 2, 2012)18.60.110 Nonconforming signs.(1) The following provision will require that anonconforming sign be brought into compliancewith this chapter: physical modification of a nonconformingsign or any action on a nonconformingsign that requires a building permit. This does notinclude replacement of a sign face without modificationof the frame or general sign maintenanceand repair.(2) All temporary or portable signs not in compliancewith the provisions of this code shall beremoved or made compliant immediately followingadoption of the ordinance codified in this chapter.(3) Amortization. Any freestanding, roof, oranimated sign which was lawfully establishedbefore the adoption date of the ordinance codifiedin this chapter, but which does not conform withthe provisions of this chapter, shall be removed orbrought into conformance with this chapter withineight years from the date of its adoption, or at thetime of occurrence of any of the actions outlined insubsection (1) of this section. Notice of sign noncompliancewill be mailed to affected propertyowners following the adoption of the ordinancecodified in this chapter and again no later than oneyear prior to the end of the amortization period.(Ord. 466 § 2, 2012)18.60.120 Exceptions.The planning commission may authorize exceptionsfrom the requirements of this chapter where itcan be shown that owing to special and unusual circumstancesrelated to a specific piece of property,strict application of this chapter would cause anundue or unnecessary hardship, except that noexception shall be granted to allow a sign or a typeof signage which is prohibited by ECMC18.60.050. In granting an exception the commissionmay attach conditions which it finds necessaryto protect the best interests of the surroundingproperty or neighborhood or otherwise achieve thepurposes of this chapter.(1) No exception shall be granted unless it canbe established that:(a) The request is necessary to prevent anunnecessary hardship due to factors such as topography,location, surrounding development, lotshape or lot size; and(b) The granting of the exception will notresult in material damage or prejudice to otherproperty in the vicinity; and(c) The request will not be detrimental tocommunity standards and the appearance of thecity.(2) Exceptions shall not be granted for the convenienceof the applicant or for the convenience of18-63

18.60.130 SIGNSregional or national businesses which wish to use astandard sign size.(3) The city council shall stand as an appealboard. An appeal from a ruling of the commissionmust be filed within 10 days of the date said rulingis rendered. (Ord. 466 § 2, 2012)18.60.130 Enforcement.Upon occurrence of a violation of the provisionsof this chapter, the code enforcement official shallnotify the responsible person representing the signin violation that a violation of this chapter exists. Anotice of violation and order to correct or ceaseactivity as provided in Chapter 1.25 ECMC,Administrative Enforcement, shall be issued. Theowner of the property upon which the sign islocated shall be presumed to be the owner of allsigns thereon unless facts to the contrary arebrought to the attention of the code enforcementofficial. All violations of this chapter shall bedeemed to constitute a public nuisance and may beabated by the city.(1) When a sign is removed, altered, and/orstored under these enforcement provisions,removal and storage costs may be collected againstthe sign owner and the person responsible for theplacement of the sign. The city council shall establishthe fees for removal and storage of signs, andfor other associated fees, by resolution, from timeto time.(2) Any sign installed or placed in the publicright-of-way or on city-owned real property,except in conformance with the requirements ofthis chapter or other applicable provisions of thiscode, may be removed by the city planner orhis/her designee as follows:(a) Immediate confiscation without priornotice to the owner of the sign.(b) If the city can ascertain contact informationfor the owner of the sign or for any person orbusiness responsible therefor, the city shall contactthat person or business and advise that: (i) the signwas found in a location that the city believes to bea public right-of-way or city-owned property; (ii)that no permit was issued for the placement of thesign in that location, and that the sign is not otherwiselawfully permitted to be in that location; and(iii) that the city has confiscated the sign and shalldestroy it after 30 days from the time notice wassent to the person or business responsible for thesign, unless either (A) the sign is claimed and theremoval and notice costs are reimbursed to the cityin full, or (B) a request for hearing is submitted bythe person or business responsible for the sign tothe planning commission.(c) If notification is not possible, the cityshall store the sign for 30 days from date of confiscation.The sign shall then be destroyed.(d) The city shall continue to store the signfor any additional period during which an appeal orreview thereon is before the municipal court. (Ord.466 § 2, 2012)18-64

ELECTRIC CITY MUNICIPAL CODE 18.63.010Chapter 18.61FACTORY-BUILT HOMESSections:18.61.010 Placement allowed.18.61.020 Basic requirements.18.61.010 Placement allowed.An individual factory-built home may be placedon an individual single-family lot within any residentialzone, providing it meets certain basicrequirements as set out in ECMC 18.61.020. (Ord.440 § 1, 2011)18.61.020 Basic requirements.The following are the basic requirements thatmust be met if a factory-built home is to be placedin a residential zone:(1) A factory-built home must be new or currentyear at the time of placement and must havethe following:(a) Two outside hose bibs;(b) An electrical meter base which is integratedinto the structure or standalone meter basesno further than five feet from structure are permitted.(c) A covered two-car parking structure.(2) A factory-built home must bear a stateinsignia from the Department of Labor and Industries,showing compliance with RCW 43.22.450through 43.22.490 describing the rules and regulationsfor factory-built housing.(3) Foundations for factory-built homes mustbe provided in accordance with provisions of theState Building Code. The home must then be adequatelyanchored to its foundation.(4) A factory-built home unit must comply withall applicable codes for sewage disposal, watersupply, and other utilities.(5) A factory-built home unit must meet all setbackand other requirements of the zoning title orsubdivision regulations. (Ord. 440 § 1, 2011)Chapter 18.63PDD – PLANNED DEVELOPMENTDISTRICT OVERLAYSections:18.63.010 Purpose.18.63.020 Permitted planned developmentdistrict.18.63.030 General planned development districtapplication requirements.18.63.040 Preliminary planned developmentdistrict requirements.18.63.050 Planned development district designstandards.18.63.060 Referral to other city departments.18.63.070 Planning commission public hearing.18.63.080 Notice of public hearing.18.63.090 Planning commission action.18.63.110 City council action.18.63.120 Final planned development districtapplication and map(s).18.63.130 Final review.18.63.150 Issuance of a building permit.18.63.160 Landscape performance bond.18.63.170 Street and utility improvementsperformance bond.18.63.180 Extension of bond or security timelimit.18.63.190 Maintenance bond.18.63.200 Inspection of improvements.18.63.210 Changes and modifications.18.63.220 Repeal of planned developmentdistrict ordinance.18.63.010 Purpose.(1) The purpose of the planned developmentdistrict overlay is to allow greater flexibility in thedesign of residential, commercial, or industrialuses or a mixture of such uses by permitting specificmodifications of the bulk and use regulationsand performance standards of the underlyingzone(s) as applied to a particular parcel of land. Aplanned development district is a floating district.Each approved planned development district issuperimposed on the underlying zone to the extentthat the planned development district shall modifyand supersede the bulk and use regulations and performancestandards to the underlying zone.(2) A planned development district shall:(a) Encourage flexibility in design anddevelopment that will result in a more efficient anddesirable use of the land.18-65

18.63.020 PDD – PLANNED DEVELOPMENT DISTRICT OVERLAY(b) Permit flexibility of design, placementof buildings, use of required open spaces, circulationfacilities, open spaces, off-street parking areas,and otherwise to better utilize the potentials of thesite characterized by special features such as butnot limited to geography, topography, or shape.(c) Provide for maximum efficiency in thelayout of streets, utilities, and other publicimprovements.(d) Produce an integrated or balanced developmentof mutually supportive uses that might beotherwise inharmonious or incongruous. (Ord. 416§ 1, 2009)18.63.020 Permitted planned developmentdistrict.(1) Planned development districts may beapproved for any uses or combination of uses ofthis title as currently existing. The uses permittedin any specific planned development district shallbe enumerated in the ordinance establishing theplanned development district.(2) Approved planned development districtsare permitted in all commercial, residential, andindustrial zones.(3) Planned development districts may be usedfor the following types of development:(a) Planned Unit Developments. An area tobe planned and developed as a single district containingone or more residential clusters or plannedresidential developments and one or more public,quasi-public, commercial, and/or industrial areas.A planned unit development shall only contain theuses permitted in the underlying zone group. Forexample, a planned unit development involvingresidential uses shall overlay a residential zone, aplanned unit development involving residentialuses and commercial uses shall overlay a commercialzone, and a planned unit development involvingresidential uses and/or commercial uses andindustrial uses shall overlay an industrial zone. Aplanned unit development may be permitted by thecity council to deviate from this general rule onlyupon a finding by the city council that such plannedunit development is:(i) Necessary;(ii) In the best interests of the citizens ofthe community; and(iii) The more intensive uses of theplanned unit development will not adverselyimpact adjoining properties zoned in the samemanner as the zoning group as the subject property.Planned unit developments proposed undersubsections (3)(b), (c) and (d) of this section shallonly permit a more intensive use of the propertythan the underlying zoning group if there is a truemixed use within the planned unit development. Inno event will one lot planned unit developments fora use more intensive than is permitted by the underlyingzoning group be permitted.(b) Planned Unit Residential Development.An area to be planned and developed as a singledistrict and containing one or more residential clusters;appropriate commercial, public, or quasi-publicuses may be included if such uses are for theexclusive benefit of the residential development.(c) Planned Commercial Developments. Anarea to be planned, developed, operated, and maintainedas a single district containing one or morestructures to accommodate commercial, retail,business, or office uses or a combination of suchuses.(d) Planned Industrial Development. Anarea to be planned, developed, operated, and maintainedas a single entity containing one or morestructures to accommodate industrial uses. (Ord.416 § 1, 2009)18.63.030 General planned developmentdistrict application requirements.(1) Preapplication Conference.(a) Prior to submission of a planned developmentdistrict application and map(s), the proponentshall schedule a preapplication conferencewith the administrator and representatives of otheraffected city departments. The proponent shallpresent a conceptual plan of the planned developmentdistrict including a general outline of the proposalrepresented by sketch plans. Theadministrator will respond informally and addresspotential items of concern to aid the proponent inpreparing the planned development district applicationand map(s).(b) The administrator shall furnish the proponentwith a written review of the conferenceregarding the relationship of the planned developmentdistrict to the comprehensive plan and anyapplicable city zoning ordinances, design standards,and policies.(2) Study Session. Prior to the submission ofthe planned development district application andmap(s) to the planning commission for action, theadministrator shall schedule a planning commissionstudy session. The administrator and theplanned development district proponent shallpresent the conceptual planned development districtto the planning commission so that the planningcommission may study the proposal.18-66

ELECTRIC CITY MUNICIPAL CODE 18.63.040(3) Planned Development District Applicationand Maps. The planned development district applicationand map(s) shall be filed with the city onforms prescribed by the administrator. The applicationshall be accompanied by 11 copies of theplanned development district application andmap(s). A nonrefundable fee shall accompany eachand every application for a preliminary planneddevelopment district.(4) Landscaping Plan. A landscaping plan mustbe submitted for approval as per Chapter 18.47ECMC.(5) Environmental Information. Environmentalinformation shall be prepared and submitted inaccordance with the guidelines established underthe State Environmental Policy Act of 1971, asamended, and ECMC Title 16, Environment. Saidinformation is a part of and must accompany theplanned development district application andmap(s).(6) Alternate(s). Requests for alternate(s) ofcity design standards and community street andutility standards shall be submitted as a part of andmust accompany the planned development districtapplication and map(s). The planning commissionshall recommend to the council that the requestedalternative(s) be either approved, conditionallyapproved, or denied. The council shall eitherapprove, conditionally approve, or deny therequested alternative(s) based upon the recommendationof the planning commission and testimonypresented before the council. Alternative(s) of citydesign standards and community street and utilitystandards shall be listed in the ordinance conditionallyapproving and establishing the planned developmentdistrict.(7) Comprehensive Plan. The planned developmentdistrict shall be consistent with the city’scomprehensive plan.(8) Findings of Fact. Every decision or recommendationmade under this chapter by the planningcommission or council shall be in writing and shallinclude findings of fact and conclusions to supportthe decision or recommendation.(9) Subdivision Approval. A planned developmentdistrict for which subdivision or binding siteplan approval is required may be submitted as aplanned development district short plat, a planneddevelopment district major plat, or a planneddevelopment district binding site plan. Such aplanned development district shall be submittedand processed in conformance with the appropriatesubdivision chapter of the Electric City MunicipalCode and the requirements of this chapter. Redundantprocedures or technical requirements shall beincorporated into the requirements and proceduresof the appropriate subdivision chapter so as to notcreate unnecessary hardship or delay. Procedurallythe preliminary and final planned development districtelement of a planned development districtshort plat, major plat, or binding site plan must beapproved prior to the required subdivision approvals.Such approvals may be given concurrently bythe appropriate approving body.(10) Titles. Planned development districts shallbe appropriately entitled, i.e., planned unit developmentdistrict, planned residential developmentdistrict, planned commercial development district,or planned industrial development district. (Ord.416 § 1, 2009)18.63.040 Preliminary planned developmentdistrict requirements.The preliminary planned development districtapplication and map(s) shall depict or contain thefollowing information:(1) A legal description of the total site proposedfor development including a statement of thepresent and proposed ownership and present andproposed zoning.(2) A statement of the planning objectives to beachieved by the planned development districtthrough the particular approach proposed by theapplicant.(3) An itemized list of the proposed modificationsto the bulk and use regulations of the underlyingzone(s).(4) A development schedule indicating theapproximate date when construction of the planneddevelopment district or stages of the planneddevelopment district can be expected to begin andbe completed.(5) A statement of the applicant’s intentionwith regard to the future selling or leasing of all orportions of the planned development district.(6) Quantitative data for the following: numberand type of structures; parcel size; proposed lotcoverage by buildings and structures; approximategross and net residential densities; and the totalamount of open space.(7) Relationship of the property to the surroundingarea including identification of adjacentland uses, zoning, and peripheral treatment of theplanned development district to maximize compatibilityand integration of the planned developmentdistrict with adjacent uses.(8) Proposed land uses and approximate buildinglocations or buildable areas.18-67

18.63.050 PDD – PLANNED DEVELOPMENT DISTRICT OVERLAY(9) A general landscape plan.(10) Existing site conditions including contoursat two-foot intervals and unique natural features.(11) A list of the names and addresses of allowners of record of real property within 500 feet ofthe external boundaries of the proposed planneddevelopment district. In addition, the proponentshall submit a list of the names and addresses of allowners of record of real property within 500 feet ofreal property which lies adjacent to the externalboundaries of the proposed planned developmentdistrict and is owned by the proponent.(12) The existing and proposed circulation systemof arterial, collector and local streets includingoff-street parking areas, service areas, loadingareas, storage areas, and points of ingress andegress to the planned development district.(13) Existing and proposed utility systemsincluding sanitary sewers, storm sewers, water,electrical lines, natural gas lines, TV and radiocable lines, and telephone lines.(14) The proposed pedestrian circulation system.(15) The proposed treatment of the perimeter ofthe planned development district, including materialsand techniques used such as screens, fences,and walls.(16) Vicinity map showing adjacent subdivision.(17) The method of maintaining common facilities.(18) Proposed lot lines.(19) The location and size in areas or squarefeet of all areas to be conveyed, dedicated, orreserved as common open space, public parks, recreationalareas, school sites, streets, and similarpublic and semi-public uses. (Ord. 416 § 1, 2009)18.63.050 Planned development district designstandards.Planned development districts shall be in compliancewith the following design standards:(1) Perimeters of the planned development districtshall maintain all required building setbacks asspecified in the applicable zone designation.(2) The planned development district shall becompatible with adjacent land uses and shall notadversely affect the character of the area in whichit is located.(3) Performance standards for the uses enumeratedin the planned development district shall beevaluated in light of the standards established inthe Electric City Municipal Code for the underlyingzone.(4) Population density and building intensityshall be evaluated in light of the densities andintensities permitted in the underlying zone.(5) All dedicated rights-of-way within aplanned development district shall be evaluated inaccordance with adopted street and utility standards.The location of sidewalks may be varied asdeemed appropriate when it is found that theplanned development district plan provides for theseparation of vehicular and pedestrian circulationpatterns.(6) The vehicular movement and parking planshall be consistent with the existing vehicularmovement and shall not create an overburden.(a) Private streets are permitted. All privatestreets or roadways shall have direct access onto adedicated street. Private streets and roadways shallbe constructed in compliance with adopted streetand utility standards subject to modification withcouncil approval. All private streets and roadwaysshall be designed and maintained to carry emergencyvehicles.(b) Off-street parking spaces and loadingareas shall be provided as specified in ECMC18.45.030. Parking areas shall be designed andconstructed according to APWA standards. Parkinglots for more than 25 vehicles shall be interspacedwith landscaped areas.(c) The planned development district shallbe located with respect to existing rights-of-waywhich are adequately designed to handle the generatedtraffic without creating additional traffic alongminor streets in residential neighborhoods.(d) Planned development districts shall beso located with respect to schools, parks, playgrounds,and other public facilities so as to haveaccess in the same degree as would development ina form generally permitted in the area.(7) Utilities.(a) All utilities including electrical lines,telephone lines, and cable TV and radio lines shallbe installed underground except for access terminalsin residential zones or residential areas of aplanned development district and commercialzones or commercial areas of a planned developmentdistrict.(b) Planned development districts shall beso located in relation to sanitary sewers, watermains, storm and surface drainage systems, andother utility systems and installations that will beof adequate size to properly serve the planneddevelopment district and conform to the comprehensivewater and sewer plan. (Ord. 416 § 1, 2009)18-68

ELECTRIC CITY MUNICIPAL CODE 18.63.11018.63.060 Referral to other city departments.(1) Upon receipt of a complete and satisfactorypreliminary planned development district applicationand map(s), the administrator shall distributecopies of the preliminary planned developmentdistrict to each of the following offices, departments,or agencies within two working days ofreceipt:(a) Public works department.(b) Fire department.(c) Police department.(d) Electrical utility.(e) Telephone company.(f) Cable company.(2) Each department, office, or agency may filewritten recommendations with the administratorwithin 15 days from the date of filing of theplanned development district with the city.(3) The administrator may determine that ameeting shall be held to resolve major issues identifiedas a result of the recommendations. The proceedingsand results of such a meeting shall bedocumented by minutes. (Ord. 416 § 1, 2009)18.63.070 Planning commission publichearing.When the administrator determines that thecompleted planned development district applicationand map(s) is acceptable, the administratorshall set a date for a public hearing on the planneddevelopment district before the planning commission.(Ord. 416 § 1, 2009)18.63.080 Notice of public hearing.The administrator shall give notice of the time,location, and purpose of the public hearing in themanner provided in Chapter 19.07 ECMC. (Ord.416 § 1, 2009)18.63.090 Planning commission action.(1) The administrator shall transmit the planneddevelopment district application and map(s),respective comments and recommendations fromother offices, agencies, and city departments, to theplanning commission prior to the hearing.(2) The planning commission shall review theplanned development district application andmap(s), municipal recommendations, testimony,and exhibits submitted at the hearing and make recommendationsto the council to assure conformanceof the proposed planned development districtwith the provisions of this chapter and a determinationthat:(a) The planned development district shallbe compatible with nearby developments and uses.(b) Peripheral treatment ensures propertransition between planned development districtuses and nearby external uses and developments.(c) The development will be consistent withthe comprehensive plan and with the purpose of aplanned development district.(d) The planned development district can becompleted within a reasonable period of time.(3) Upon planning commission review of aplanned development district application andmap(s), the administrator shall prepare an ordinanceproviding for the designation of the subjectproperty as a planned development district. Thatordinance shall establish the planned developmentdistrict as a floating district to be superimposedover the existing zone and provide for specificmodifications of the bulk and use regulations andperformance standards as provided for in the ordinance.The ordinance shall specify the specificmodifications to the underlying zone’s bulk regulationsand performance standards. The ordinanceshall provide that the applicant or the applicant’ssuccessor in interest shall be bound to the uses andmodifications specified in the ordinance.(4) The ordinance providing for the designationof the subject property as a planned developmentdistrict shall conditionally approve the preliminaryplanned development district. The ordinance shallonly confer development rights upon the applicantor the applicant’s successor in interest upon thesubmission and approval of a final planned developmentdistrict application and map(s) which shallbe in substantial conformity with the preliminaryplanned development district application andmap(s). Approval for the applicant to proceed withconstruction shall be contingent upon receipt andapproval by the council of a final planned developmentdistrict application and map(s).(5) The planning commission shall enter findings,conclusions, and decision that shall recommendto the city council approval of an ordinanceproviding for the establishment of a planned developmentdistrict. (Ord. 416 § 1, 2009)18.63.110 City council action.Pursuant to ECMC 19.09.030, the council shallconsider and adopt or reject the ordinance withrespect to the recommendations of the planningcommission. (Ord. 416 § 1, 2009)18-69

18.63.120 PDD – PLANNED DEVELOPMENT DISTRICT OVERLAY18.63.120 Final planned development districtapplication and map(s).Upon preliminary planned development districtapproval, the applicant shall prepare a finalplanned development district application andmap(s) as needed.The final application and map(s) shall be preparedin substantial compliance with the approvedpreliminary planned development district applicationand map(s); contain or depict all informationrequired in the preliminary application and map(s);and shall incorporate any changes required by thecouncil in granting preliminary planned developmentdistrict approval.Preliminary map(s), if suitable, may be submittedas final map(s) with the final application if theyare to be unaltered or are able to be altered to satisfythe final planned development district map(s)requirements.In addition, the final planned development districtapplication and map(s) shall contain and/ordepict the following information:(1) A title report from a title company licensedto do business in the state of Washington datedwithin 30 days of the date of filing of the finalplanned development district application andmap(s) confirming that the title of the landsdescribed and shown on the application and/ormap(s) is in the name of the owners signing theplanned development district application andmap(s) and/or instrument or dedication.The holder of the owner’s power of attorneymay sign the planned development district applicationand map(s) and/or instrument of dedication;provided, that the title company confirms that theperson signing the documents is in fact the holderof the owner’s power of attorney and that title tothe land is in the name of the person granting powerof attorney.(2) Three complete sets of preliminary constructionplans and specifications along with anAutoCad copy prepared by a professional engineerlicensed by the state of Washington showing allstreet and utility improvements required by thecouncil in granting planned development districtapproval. All construction plans and specificationsshall be in conformance with city design standardsand community street and utility standards. Constructionplans and specifications must beapproved by the public works department prior tothe submission of the final planned developmentdistrict to the council for approval.(a) Preliminary construction plans and specificationsshall be submitted in compliance withECMC 17.17.120, Improvements.(3) Required dedication of all streets, rights-ofway,parks, playgrounds, easements, reservations,irrigation water rights-of-way, and any area to bededicated to public use, together with any restrictionsor limitations thereon shall be submitted forcouncil approval and acceptance as a part of thefinal planned development district plan map(s) oras a separate instrument of dedication.(4) All covenants proposed to run with the land.(5) A nonrefundable fee shall accompany eachand every application for a final planned developmentdistrict approval. (Ord. 416 § 1, 2009)18.63.130 Final review.(1) Planning Commission Action. Within 45days of filing of the complete and satisfactory finalplanned development district application andmap(s) with the city, the administrator shall set adate for planning commission review of the finalplanned development district application andmap(s). The planning commission shall approve ordisapprove the final planned development districtapplication and map(s) unless the subdivider consentsto an extension of such time period in writing.(2) If the planning commission finds that theplanned development district proposed for finalapproval conforms to all terms of the preliminaryplanned development district approval, the requirementsof this chapter, applicable state laws, andany other requirements that were in effect at thetime of preliminary planned development districtapproval, it may recommend approval of the finalplanned development district application andmap(s). (Ord. 416 § 1, 2009)18.63.150 Issuance of a building permit.No building permit shall be issued until finalcouncil approval of the planned development districtand/or fulfillment of the subdivision or bindingsite plan requirements of the Electric CityMunicipal Code. (Ord. 416 § 1, 2009)18.63.160 Landscape performance bond.(1) No building permit shall be issued until theapplicant has posted a performance bond or otherapproved security in a form satisfactory to the cityattorney in such an amount to cover 150 percent ofthe cost of completing all landscaping improvementsas required by the council in approving thefinal planned development district. All landscapingimprovements listed in the bond or security must18-70

ELECTRIC CITY MUNICIPAL CODE 18.63.210be completed within two years of council approvalof the final planned development district.(2) In the event that all landscaping improvementsare not completed within the time limit specifiedin the performance bond or approved security,the bond may be forfeited and the city may undertakethe installation and completion of all requiredlandscape improvements. (Ord. 416 § 1, 2009)18.63.170 Street and utility improvementsperformance bond.(1) No building permit shall be issued until theapplicant has posted a performance bond or otherapproved security in a form satisfactory to the cityattorney in such an amount to cover 150 percent ofthe estimated cost, as determined by the director ofall street and utility improvements required by thecouncil in granting planned development districtapproval. All street and utility improvements mustbe completed within two years of council approvalof the final planned development district.(2) In the event that all street and utilityimprovements are not completed within the timelimit specified in the performance bond orapproved security, the bond or security may be forfeitedand the city may undertake the installationand completion of all required street and utilityimprovements. (Ord. 416 § 1, 2009)18.63.180 Extension of bond or security timelimit.(1) The council may grant one extension of anyperformance bond or approved security requiredby this chapter not to exceed one year; provided,that the request for an extension is filled with theadministrator at least 60 days prior to the expirationdate of the bond or security.(2) In the event that a time extension is granted,a new performance bond or other approved securityshall be submitted in an amount sufficient tocover 150 percent of the cost of completing utilityand street improvements or landscaping improvements.The bond will be updated with new estimatesof cost on all uncompleted improvementsand all increased costs shall be passed onto thebond.(3) Departments issuing recommendations fornew performance bonds or approved security shallnot modify the terms and requirements of the bondor security other than to pass on all increased costestimates as determined by the administrator to thebond or security to cover the cost of completingutility and street improvements and/or landscapingimprovements without the written consent of theapplicant. (Ord. 416 § 1, 2009)18.63.190 Maintenance bond.Upon completion of the required publicimprovements and prior to acceptance by the council,the subdivider/developer must submit a maintenancebond or alternative security approved bythe city attorney in an amount determined by thecity engineer and approved by the administrator.The maintenance bond amount shall be 100 percentof the actual cost of construction. An alternativesecurity shall be in an amount not less than 10 percentnor more than 100 percent of the actual cost ofconstruction. The amount shall be determined on acase-by-case basis based upon the city engineer’sestimated cost of repair or maintenance shouldrepair or maintenance be required. The subdivider/developershall submit documentation of thecost of construction to the city engineer for hisreview and approval and use in determining therequired bond for alternative security amount.(Ord. 416 § 1, 2009)18.63.200 Inspection of improvements.The public works department or a licensed professionalengineer or engineering firm hired by thecity shall be responsible for the inspection of allpublic or dedicated planned development districtstreet and utility improvements to ensure conformancewith the approved plans and specifications.(Ord. 416 § 1, 2009)18.63.210 Changes and modifications.(1) Major changes in the approved finalplanned development district shall be consideredas a new application for preliminary planned developmentdistrict approval. Major changes include,but are not limited to, the following:(a) Change in use.(b) Major change in vehicular circulationsystem.(c) Increase in density or relocation of densitypattern.(d) Change in exterior boundaries exceptsurvey adjustments.(e) Increase in building height.(2) The administrator may approve changes inthe final planned development district which areminor and of a technical nature and which are consistentwith the approved plan. (Ord. 416 § 1,2009)18-71

18.63.220 PDD – PLANNED DEVELOPMENT DISTRICT OVERLAY18.63.220 Repeal of planned developmentdistrict ordinance.(1) The planner shall prepare and submit to theplanning commission a proposed ordinance providingfor the repeal of the ordinance establishingthe planned development district upon the occurrenceof the following:(a) A final planned development districtapplication and map(s) has not been submittedwithin three years of adoption of the ordinanceconditionally approving and establishing theplanned development district unless an applicationfor an extension has been approved by the planningcommission.(b) Construction has not commenced withintwo years of final planned development districtapproval or in compliance with the final approvedplanned development district construction scheduleunless an application for an extension has beenapproved by the planning commission.(2) Application for Time Extension.(a) Sixty days prior to the first reading of anordinance to repeal the ordinance establishing theplanned development district, the responsible partyof record representing the planned developmentdistrict shall be notified by certified letter via U.S.mail of the pending action and shall be afforded theopportunity to submit an application or an extensionof the planned development district ordinance.(b) The planning commission may grant oneextension not to exceed one year of the ordinanceestablishing the planned development district.(c) Application for an extension shall bemade to the planning commission at least 30 calendardays prior to the scheduled date of a first readingof the repeal ordinance. A nonrefundableapplication fee in an amount established by resolutionof the council shall accompany each and everyapplication for an extension.(d) The application shall include a statementof mitigating and/or hardship circumstances necessitatingthe request for an extension.(e) At a public meeting of the planning commissionthere shall be a consideration of a recommendationto the council to adopt a repealordinance. At consideration of the recommendationto the council to adopt the repealing ordinancethe planning commission may grant the requestedextension based upon the testimony given at themeeting.(f) If the extension is approved, the considerationof a recommendation to the council concerninga repealing ordinance will be redocketedfor consideration at the termination of the one-yearextension period. In the event that a final planneddevelopment district application and map(s) havenot been submitted within the one-year extensionperiod, or in the event that construction has notcommenced within the one-year extension, thereshall be a recommendation to the council to repealthe ordinance creating the planned developmentdistrict. (Ord. 416 § 1, 2009)18-72

ELECTRIC CITY MUNICIPAL CODE 18.70.040Chapter 18.70RECREATIONAL VEHICLE PARKSSections:18.70.010 Purpose.18.70.020 Definitions.18.70.030 Recreational vehicle park – Wherepermitted.18.70.040 Permitted uses.18.70.050 Prohibited uses.18.70.060 Recreational vehicle parkdevelopment.18.70.070 General requirements.18.70.080 Completion of improvements prior tooperation.18.70.090 Design and development standards.18.70.100 Accessory use standards.18.70.110 Park responsibility.18.70.120 Deviations.18.70.130 Interpretation and ruling.18.70.140 Appeal.18.70.150 Expansion or modification of arecreational vehicle park.18.70.160 Nonconforming use.18.70.170 Enforcement.18.70.010 Purpose.The purpose of this chapter is to ensure that eachrecreational vehicle park is located, developed,expanded, modified, and managed in accordancewith standards and regulations which will protectpublic health, safety, and general welfare. (Ord.439 § 1, 2011)18.70.020 Definitions.The words and phrases used in this chapter shallhave the following meanings, unless the context orsubject matter clearly requires otherwise:“Improvements” means any combination of:paving; curbs; gutters; walkways; traffic signs;drainage structures; sewer, water, or gas lines; roadlighting; telephone, cable, and electrical utilities,other utilities and utility structures, and other sitedevelopment required by this chapter.“Park space” means an improved plot of groundwith a definite boundary that is located within arecreational vehicle park for the set-up and temporaryoccupancy of a recreational park trailer, recreationalvehicle, or tent.“Recreational park trailer” means a trailer-typeunit that is primarily designed to provide temporaryliving quarters for recreational, camping, orseasonal use that meets the following criteria:(1) Built on a single chassis and mounted onwheels.(2) Gross trailer area does not exceed 400square feet (37.15 square meters) in the set-upmode.(3) Is certified by the manufacturer as complyingwith American National Standards Institute,Inc. (ANSI) Standard A119.5.(4) If sold, leased, or offered for sale in the stateof Washington, is identified by a state-plan insigniaissued by the Department of Labor and Industries,signifying compliance with Chapter 296-150P WAC and ANSI A119.5.“Recreational vehicle” means a vehicular typeunit that is primarily designed for recreationalcamping, travel, or seasonal use which has its ownmotor power or is mounted on or towed by anothervehicle, includes travel trailers, fifth wheel trailers,folding camping trailers, park model trailers, truckcampers, motor homes and multi-use vehicles(RCW 43.22.335); or any structure inspected,approved and designated a recreational vehicle byand bearing the insignia of the state of Washingtonor any other state or federal agency having theauthority to approve recreational vehicles.“Recreational vehicle park” means a tract orparcel of land within a major or short subdivisionwhich is divided according to an approved bindingsite plan, and has been developed to rent or leasepark spaces to guests.“Sanitary dumping station” means a facility forreceiving body waste and liquid waste that is dischargedfrom recreational park trailer and recreationalvehicle holding tanks.“Tent” means a confined space, collapsible,light-weight shelter that is set up for recreation orvacation purposes. (Ord. 439 § 1, 2011)18.70.030 Recreational vehicle park – Wherepermitted.Permitted where allowed under ECMC18.40.070, Table 1 – District Use Chart. Thesestandards and requirements shall supersede thestandards and requirements of the underlyingzone(s), unless otherwise specified. (Ord. 439 § 1,2011)18.70.040 Permitted uses.The following primary and accessory uses arepermitted in a recreational vehicle park, in conformancewith Chapter 18.40 ECMC.(1) Primary Uses.(a) Recreational park trailers that are occupiedby the park owner or manager.18-73

18.70.050 RECREATIONAL VEHICLE PARKS(b) A manufactured home that is occupiedby the park owner or manager.(c) Recreational vehicles.(d) Tents.(2) Accessory Uses.(a) Utilities and utility buildings, facilities,and equipment to serve a recreational vehicle park.(b) Maintenance and storage buildings formanagement of a recreational vehicle park.(c) Collection and recycling of solid wastethat is generated within a recreational vehicle park.(d) Roadways, pathways, parking lanes,overflow parking areas, and similar infrastructure.(e) Open space, recreational facilities forguests, and related amenities.(f) Office building, restrooms, showers,laundry rooms, and convenience store.(g) Landscaping buffers and perimeter fencingin conformance with Chapter 18.47 ECMC.(h) Signs in conformance with Chapter18.60 ECMC. (Ord. 439 § 1, 2011)18.70.050 Prohibited uses.Uses not listed in Chapter 18.40 ECMC are prohibited.(Ord. 439 § 1, 2011)18.70.060 Recreational vehicle parkdevelopment.A recreational vehicle park shall be developedaccording to the requirements of this chapter andupon:(1) Approval of a conditional use permit perChapter 18.40 ECMC, General Use Regulations.(2) Site plan approval per Chapter 18.49ECMC, Site Plan Review, in conformance withapplicable requirements in this chapter.(3) Binding site plan application, review, andapproval according to Chapter 18.49 ECMC, SitePlan Review.(4) Conformance with the City of Electric CityShorelines Management Master Plan, the ShorelineManagement Act of 1971 (Chapter 90.58RCW), and Shoreline Management Permit andEnforcement Procedures (Chapter 173-27 WAC),if within shoreline management jurisdiction.(5) Compliance with ECMC Title 15, Buildingsand Construction, particularly Appendix E of theUniform Plumbing Code entitled “Manufactured/MobileHome Parks and Recreational VehicleParks,” Chapter 13.15 ECMC, Sewer ServiceSystem, Chapter 13.05 ECMC, Water Service System,and all other relevant development codes,standards, and ordinances.(6) Conformance with Chapter 16.10 ECMCregarding the protection and conservation ofresource lands and critical areas, including wetlands.(7) Consistency with the City of Electric CityComprehensive Plan. (Ord. 439 § 1, 2011)18.70.070 General requirements.(1) A recreational vehicle, recreational parktrailer, or tent in a recreational vehicle park shall beset up in park spaces, and all park spaces shall bereserved for recreational vehicle, recreational parktrailer, or tent uses.(2) The total number of recreational park trailersallowed in a recreational vehicle park shall notexceed five percent of the park spaces.(3) No recreational vehicle, recreational parktrailer, tent, or associated vehicles, items, equipment,and portable structures shall remain in a parkspace for more than 180 consecutive days unlesspark owner/manager allows longer stay.(4) Recreational vehicles and recreational parktrailers in the set-up mode shall maintain a minimumside-to-side separation of 15 feet and end-toendseparation of 12 feet. (Ord. 439 § 1, 2011)18.70.080 Completion of improvements priorto operation.Recreational park improvements shall be satisfactorilycompleted according to the standards andprovisions of this chapter prior to issuance of abusiness license and recording of the binding siteplan. (Ord. 439 § 1, 2011)18.70.090 Design and development standards.A recreational vehicle park shall be designedand developed to meet or exceed the followingstandards:(1) Park Density. The number of park spacesshall not exceed 20 spaces per gross acre or fractionthereof. The park density may be reduced as acondition of the conditional use permit.(2) Park Size. The minimum recreational vehiclepark size shall be two acres, excluding criticalareas.(3) Park Spaces. Each park space shall be aminimum of 24 feet width and contain an improvedpad for parking a recreational vehicle or recreationalpark trailer.(4) Underground Utilities. All utilities shall beinstalled underground.(5) Street Access. A recreational vehicle parkroad at a street intersection shall be designed forsafe, convenient, and limited ingress and egress to18-74

ELECTRIC CITY MUNICIPAL CODE 18.70.090minimize friction with free movement of traffic onadjacent streets. The street access shall conform tocity driveway and access control standards. Thestreet access shall be designed for a minimum of100 feet sight distance for grade intersection withstop control. Sight distance is defined as the distancethat a driver of a stopped vehicle on a parkroad can see along the street in either direction, ascompared to the distance required for safe operation.The city engineer may increase the requiredsight distance based on accepted intersectiondesign principles.(6) Overflow Parking Area. At least oneimproved, overflow parking area shall be providedin a convenient park location. The paved area shallaccommodate at least one nine-foot by 20-footparking space per eight park spaces.(7) Internal Park Roads and Walkways. Allinternal park roads and walkways shall be privatelyowned and maintained and meet the followingstandards:(a) All park roads shall be hard surfacedsuch as chip seal, black top, concrete, or pavers.(b) The main or central road through thepark shall have a width of not less than 28 feetexclusive of parking lanes.(c) Roads other than the main road shallhave a width of not less than 14 feet per each travellane.(d) One-way roads shall be permitted onlywhere drive-through park spaces are provided.One-way roads shall have a width of not less than12 feet.(e) Parking lanes shall have a width of notless than 10 feet.(f) All walkways shall be not less than fivefeet in unobstructed width.(8) Open Space Recreation. A minimum of 20percent of the recreational vehicle park area,excluding the area dedicated to permitted uses,accessory uses, and critical areas, shall be set asideand maintained for guest open space recreation.The open space shall be accessible and usable. Thearea requirement may be reduced to 15 percent ifsubstantial and appropriate recreational facilitiessuch as recreational buildings, swimming pool ortennis courts are provided.(9) Limitation on Area Covered by AccessoryUses. A maximum of five percent of a recreationalpark area may be covered by the sum of the areasin accessory uses listed in Chapter 18.40 ECMC.(10) Setbacks. All park spaces, buildings, andstructures other than fencing and utilities equipmentshall be set back the following minimum distancesfrom the recreational vehicle park boundaryas shown on the binding site plan:(a) Fifteen feet from the front lot line of aninterior or through lot.(b) Fifteen feet from the front and exteriorside lot lines of a corner lot.(c) Ten feet from the interior side or rear lotlines.(11) Buffer Landscaping and Fencing. A 10-foot width, Type II landscaping buffer, asdescribed in ECMC 18.47.040, and a minimumsix-foot-height fence shall be installed along allsides of the recreational vehicle park boundary,except along any shoreline. The fence is notrequired to be sight-obscuring. Both the landscapingbuffer and the fence shall be installed accordingto a landscape plan that has been submitted andapproved per ECMC 18.47.030. The landscapeplan shall meet the general requirements of Chapter18.47 ECMC. The landscaping buffer shall bemaintained per ECMC 18.47.070. A fence installationpermit is required prior to installing the fence.(12) Signs. The following signs may be permittedin a recreational vehicle park:(a) One directional or freestanding sign atpark entrance as part of site plan review andapproval, in conformance with Chapter 18.60ECMC.(b) Building signs that are directed towardpersons traveling in street or highway right-ofway,as part of site plan review and approval and inconformance with Chapter 18.60 ECMC.(c) Warning/directional signs needed forrecreational vehicle park operations.(d) Signs required by state law and rules,state and city codes, and city ordinances.(13) Utilities. All utilities within the park shallbe constructed and maintained in accordance withall applicable codes.(a) Full Utility Hookups. Electricity, water,and sewer connections and a watering station forfilling recreational vehicle water storage tanksshall be provided to at least 75 percent of all parkspaces.(b) Sanitary Dumping Stations. Each recreationalvehicle park shall be provided with sanitarydumping stations in the ratio of one for every 100recreational vehicle sites or fractional part thereof.Sanitary stations shall consist of at least a trappedfour-inch sewer riser pipe collected to the sewagedisposal system and surrounded at the inlet end bya concrete apron sloped to the drain and providedwith a suitable hinged cover; and, a water outlet,with the necessary appurtenances connected to the18-75

18.70.100 RECREATIONAL VEHICLE PARKSwater supply system to permit periodic wash downof the immediate adjacent areas. A sign shall beposted near the water outlet indicating that thiswater is for flushing and cleaning purposes only,not for drinking.(c) Solid Waste Collection. Refuse containersshall be placed in convenient locations throughoutthe recreational vehicle park. Refuse containersshall be screened from public view on three sides.All recreational vehicle parks shall be maintainedfree of litter and garbage. At least one large refusebin shall be placed according to the approved siteplan.(d) Stormwater Drainage. All stormwaterdrainage shall be contained in the park, unless theapproved recreational vehicle park constructionplans allow connection to the city storm drain system.(14) Restroom and Shower Facilities. Onerestroom and shower facility shall be provided andproperly identified for each gender. Additionalrestroom and shower facilities may be provided.Each restroom and shower facility shall containone toilet, one shower, and one sink per gender per25 park spaces. The showers shall have hot andcold running water. (Ord. 439 § 1, 2011)18.70.140 Appeal.Any decision made by any administrator,officer, board, or the planning commission in carryingout the provisions of this chapter may beappealed as provided in Chapter 18.80 ECMC.(Ord. 439 § 1, 2011)18.70.150 Expansion or modification of arecreational vehicle park.An expansion or modification of a recreationalvehicle park shall conform to the requirements ofthis chapter. (Ord. 439 § 1, 2011)18.70.160 Nonconforming use.Any nonconforming recreational vehicle parkmay continue to be maintained and used in compliancewith Chapter 18.55 ECMC. (Ord. 439 § 1,2011)18.70.170 Enforcement.This chapter may be enforced per Chapter 18.80ECMC. (Ord. 439 § 1, 2011)18.70.100 Accessory use standards.(1) Accessory uses shall be for the convenienceof guests rather than for the general public. Accessoryuses shall be screened, located in the parkinterior, or incorporated in an entrance design so asto avoid a general commercial theme.(2) Accessory uses shall be maintained in goodcondition. (Ord. 439 § 1, 2011)18.70.110 Park responsibility.The owner of a recreational vehicle park shall beresponsible for its development, improvement,maintenance, and management. A recreationalvehicle park shall have a manager available 24hours per day, seven days per week. (Ord. 439 § 1,2011)18.70.120 Deviations.The hearing examiner shall hear any request fora deviation from the setback requirements ofECMC 18.70.090. (Ord. 439 § 1, 2011)18.70.130 Interpretation and ruling.Upon request, the city zoning administratorshall issue a written administrative interpretationof the meaning or application of this section. (Ord.439 § 1, 2011)18-76

ELECTRIC CITY MUNICIPAL CODE 18.75.040Chapter 18.75MANUFACTURED HOME PARKSSections:18.75.010 Intent.18.75.020 Binding site plan.18.75.030 Permitted uses and generalrequirements.18.75.040 Manufactured home parks – Wherepermitted.18.75.050 Prohibited uses.18.75.060 Density.18.75.070 Park size.18.75.080 Setbacks and separations.18.75.090 Walkways.18.75.100 Screening.18.75.110 Landscaping and park maintenance.18.75.120 Space numbering.18.75.130 Signs.18.75.140 Parking requirements.18.75.150 Utility requirements.18.75.160 Common open space.18.75.170 Building height.18.75.180 Structures over public easements orright-of-way.18.75.190 Use impacts.18.75.200 Storage area.18.75.210 Drainage and stormwater control.18.75.220 Roads and streets.18.75.230 Skirting.18.75.240 Lighting.18.75.250 Additions and separate accessorybuildings or structures.18.75.260 Satellite receiving antennas.18.75.270 Shoreline areas.18.75.280 Park administration.18.75.290 Permit.18.75.300 Set up.18.75.310 Insignia requirement.18.75.320 Variances, waivers, deviations anddeferrals.18.75.330 Interpretations and rulings.18.75.340 Appeals.18.75.350 Issuance of a business license or acertificate of occupancy.18.75.360 Nonconforming use.18.75.010 Intent.The purpose of this chapter is to provide ameans for the establishment and operation of manufacturedhome parks within the city of ElectricCity; to ensure a suitable living environment forowners of manufactured homes located withinmanufactured home parks; and to establish standardsto promote the health, safety, and generalwelfare. (Ord. 444 § 1, 2011)18.75.020 Binding site plan.Manufactured home parks shall be establishedpursuant to the provisions of this chapter. (Ord.444 § 1, 2011)18.75.030 Permitted uses and generalrequirements.Subject to the provisions of this chapter, the followinguses are permitted in a manufactured homepark:(1) Manufactured home units.(a) Not more than 10 years old at the time ofinstallation.(2) Additions to manufactured home units.(3) Accessory structures or buildings.(4) Recreational facilities located within themanufactured home park and intended solely forthe use of the residents or the residents’ guests.(5) Bulk storage areas for materials and equipmentowned by residents and located within themanufactured home park and limited to use by theresidents.(6) Buildings and structures necessary for theoperation of a public utility.(7) Home occupations in compliance withChapter 18.45 ECMC.(8) No space shall be rented or leased within amanufactured home park except for a manufacturedhome unit.(9) The sale of manufactured home spaceswithin a manufactured home park is prohibited.Manufactured home park binding site plans shallnot authorize the sale or transfer of ownership of aspace or spaces within a manufactured home park.(10) No person, company, or corporation shallestablish a new manufactured home park withoutfirst complying with the provisions and standardsof this chapter and obtaining all necessary permitsand approval. (Ord. 444 § 1, 2011)18.75.040 Manufactured home parks – Wherepermitted.Manufactured home parks are permitted whereallowed under ECMC 18.40.070, Table 1 – DistrictUse Chart. The standards and requirements of thischapter shall supersede the standards and requirementsof the underlying zone. (Ord. 444 § 1, 2011)18-77

18.75.050 MANUFACTURED HOME PARKS18.75.050 Prohibited uses.Any use not expressly permitted outright or as aconditional use in this chapter shall be prohibited,including but not limited to the following examples:(1) Commercial uses except as provided in thischapter.(2) Industrial uses.(3) Keeping of livestock, poultry, rabbits, orbees.(4) Occupancy of recreational vehicles.(5) Public nuisances as defined in this title.(6) Outside storage, collection, or dumping ofdismantled, partly dismantled, or wrecked vehicles,trailers, machinery or their parts.(7) Outside storage or collection of any junk,scrap, garbage, unsightly material, litter, or debris.(8) Sheds or buildings in a state of disrepair asdetermined by the code compliance officer.(9) Any use which does not or is not capable ofconforming to the requirements of this chapter.(10) Placement of mobile homes.(11) Placement of RVs unless specifically in anarea designated as an RV park. (Ord. 444 § 1,2011)18.75.060 Density.Manufactured home parks shall be developed ata density of not more than 10 dwelling units peracre. (Ord. 444 § 1, 2011)18.75.070 Park size.There shall be a minimum of five acres requiredmanufactured home park size. (Ord. 444 § 1, 2011)18.75.080 Setbacks and separations.Setbacks and separations in the manufacturedhome park shall be as follows:(1) Setbacks.(a) The setback from a private road shall be10 feet exclusive of hitches or towing devices.(b) The setbacks from a public right-of-wayshall be 15 feet.(c) The setback from the exterior parkboundary not abutting upon a public right-of-wayshall be 10 feet. Except that separate accessorybuildings or structures attendant to a manufacturedhome unit may be located not closer than five feetfrom the exterior property line of a manufacturedhome park not abutting upon a public right-of-way.(d) Attached or freestanding additions to amanufactured home unit including carports,awnings, storage rooms, habitable rooms, andother similar structures or buildings shall be consideredto be a part of the manufactured home unitfor setback purposes.(e) Open stairs, decks, and landings nohigher than the floor level of the manufacturedhome unit may encroach to within five feet of a privateroad, public right-of-way, or from the exteriorpark boundary.(2) Separations.(a) Manufactured home units and habitableadditions thereto having a minimum two by sixstud and sheet rock exterior wall construction orequal fire resistive wall construction shall maintaina minimum 10-foot separation from one manufacturedhome unit to another manufactured home unitof similar construction. Manufactured home unitsof lesser fire resistive exterior wall constructionshall maintain a 20-foot separation from one manufacturedhome unit to another manufactured homeunit.(b) Attached or freestanding nonhabitableadditions appurtenant to a manufactured homeincluding stairs, decks, landings, awnings, carports,storage rooms, and other structures or buildingsshall maintain a six-foot separation fromanother manufactured home.(c) Separate accessory buildings or structuresshall not be located closer than six feet fromits attendant manufactured home or additionsexcept as may be permitted by the InternationalBuilding Code.(d) Separate accessory buildings or structuresattendant to one manufactured home unitshall not be located closer than six feet fromanother manufactured home unit and its attendantadditions or accessory buildings or structures.(Ord. 444 § 1, 2011)18.75.090 Walkways.The manufactured home park shall contain designatedhard surface pedestrian walkways to andfrom all service and recreation facilities; andbetween locations where pedestrian traffic mightinterfere with vehicular traffic. (Ord. 444 § 1,2011)18.75.100 Screening.The manufactured home park shall be enclosedon all sides with a permanently maintained sightobscuringfence, wall, berm, or combinationthereof six feet in height and tapering to a maximumof four feet in height at the park entrances asapproved by the city engineer to ensure adequatesight distance. (Ord. 444 § 1, 2011)18-78

ELECTRIC CITY MUNICIPAL CODE 18.75.20018.75.110 Landscaping and parkmaintenance.Landscaping shall comply with Chapter 18.47ECMC. All natural and artificial barriers, driveways,lawns, trees, landscaping, buildings, occupiedand unoccupied manufactured home spaces,recreation areas, and open spaces shall be continuallymaintained. (Ord. 444 § 1, 2011)18.75.120 Space numbering.Every manufactured home space shall be identifiedwith an individual number in logical sequencewhich is uniformly located and clearly visible fromthe private street and so shown on the official bindingsite plan. (Ord. 444 § 1, 2011)18.75.130 Signs.Signs identifying the manufactured home parkshall conform to the applicable sign ordinance.(Ord. 444 § 1, 2011)18.75.140 Parking requirements.(1) There shall be provided and maintained oneach manufactured home space at least two parkingspaces. Each parking space shall contain a minimumarea of 180 square feet with a minimumwidth of nine feet and minimum length of 20 feet.(2) In addition to occupant parking, guest parkingshall be provided within the manufacturedhome park at a ratio of not less than 0.5 parkingspaces for each manufactured home space. Suchparking shall be hard surfaced and reserved solelyfor guest parking. Such parking shall be convenientlyarranged throughout the manufacturedhome park or provided in parking lanes. (Ord. 444§ 1, 2011)18.75.150 Utility requirements.(1) All manufactured home parks shall providepermanent electrical, water, and sewage disposalconnections to each manufactured home in accordancewith the applicable federal, state, and localregulations. All sewage and wastewater shall bedischarged into a public sanitary sewer system.(2) All water, sewer, electrical, communication,and natural gas lines shall be installed undergroundexcept for access terminals and shall beapproved by the agency or jurisdiction providingthe service. Public utility shut-off valves, meters,and regulators shall not be located beneath manufacturedhome units, additions, or accessory buildingsor structures. (Ord. 444 § 1, 2011)18.75.160 Common open space.A minimum of 435 square feet per manufacturedhome unit shall be set aside and maintainedas common open space for the manufactured homepark. Such space and location shall be accessibleand usable by all residents of the park. Parkingspace(s), driveways, storage areas, and privatestreets are not considered to be usable open space.The open space shall be of such grade and surfacesuitable for active or passive recreation. The followingminimum ground area per manufacturedhome unit shall not be included as common openspace:(1) Single wide – 3,200 square feet.(2) Double wide – 4,300 square feet.(3) Triple wide – 5,400 square feet.Deviation from the common open space requirementsof this section may be permitted by theadministrators as a conditional use in compliancewith ECMC 18.40.070, general use regulations,and the provisions of this chapter. (Ord. 444 § 1,2011)18.75.170 Building height.Building height shall comply with Chapter18.45 ECMC, Table 2. (Ord. 444 § 1, 2011)18.75.180 Structures over public easements orright-of-way.No building or structure shall be placed or constructedover a public easement or over dedicatedright-of-way, except that fences may be placedover a public easement to the city subject to permissionfrom the city of Electric City. (Ord. 444§ 1, 2011)18.75.190 Use impacts.Uses within a manufactured home park shall notinflict upon adjacent property or upon adjacentmanufactured home units smoke, dust, glare, odor,vibration, noise, electrical interference, or excessivehazard. Noise in a manufactured home parkshall not exceed the standards set forth in this code.(Ord. 444 § 1, 2011)18.75.200 Storage area.A bulk storage area shall be provided for thestorage of materials and equipment owned by theresidents of the manufactured home park. A minimumof 300 square feet of space exclusive ofdriveways shall be provided for every 10 manufacturedhome units. Bulk storage areas shall be containedwithin the manufactured home park. Accessto the storage area shall be through the manufac-18-79

18.75.210 MANUFACTURED HOME PARKStured home park. Access to the storage area shallnot be onto a public street. A six-foot-high sightobscuringfence shall be erected and maintainedaround the perimeter of the storage area. Therequirements of this section shall be waived whenthe manufactured home park developer/owneragree to prohibit storage of such items in the manufacturedhome park and such prohibition isinscribed on the face of the binding site plan. (Ord.444 § 1, 2011)18.75.210 Drainage and stormwater control.Stormwater runoff or drainage shall be controlledand contained on site except where adequateoff-site stormwater drainage systems areavailable. Stormwater runoff and/or drainageresulting from the manufactured home park mustbe controlled so that water will not flow onto a publicsidewalk or onto adjacent property except whenwater flows in a natural course from one propertyto another. Drainage into a city street gutter mustbe approved by the city engineer. Manufacturedhome parks shall provide for on-site or off-sitedetention or control of excess stormwater or drainageresulting from the use. The manufacturedhome park shall not cause downstream propertyowners to receive stormwater runoff at a higherpeak flow than would have resulted from the sameevent had the use or improvement not been present.(Ord. 444 § 1, 2011)18.75.220 Roads and streets.(1) All interior roads for manufactured homeparks shall be private roads. All private roads shallbe designed and maintained to carry emergencyvehicles.(2) Private road access to the manufacturedhome park shall be consistent with the existing patternof vehicular movement and parking on publicstreets.(3) Public streets shall be constructed to citydesign standards current at the time of construction.(4) Vehicular movement, parking, and privatestreets shall be in compliance with the approvedbinding site plan.(5) Vehicular movement and parking generatedfrom a new manufactured home park shall notexceed the design capacity of public collector orpublic minor streets serving the new development.(6) There must be vehicular and pedestrianaccess from a dedicated and improved publicstreet(s) to the manufactured home park.(7) Private roads and parking lanes shall havehard surface depths as proposed by a licensed engineerand approved by the city engineer.(8) Park roads and parking lanes shall havewidths as follows:(a) One-way roads shall be a minimum of22 feet in width.(b) Two-way roads shall be a minimum of30 feet in width.(c) Parking lanes shall be a minimum of 10feet in width.(9) Parking lanes shall be hard surfaced.(10) A cul-de-sac turnaround shall be in accordancewith the International Fire Code, as outlinedin Appendix D, Fire Apparatus Access Roads, andshall be subject to approval by the city. (Ord. 444§ 1, 2011)18.75.230 Skirting.All manufactured homes shall have compatiblefoundation fascia of fire and weather resistantmaterial, which must be continually maintained.(Ord. 444 § 1, 2011)18.75.240 Lighting.Outdoor lighting shall be provided to adequatelyilluminate internal streets and pedestrian walkways.Lights shall be sized and directed to avoidadverse impact from glare on adjacent property.(Ord. 444 § 1, 2011)18.75.250 Additions and separate accessorybuildings or structures.(1) Additions to manufactured home units andseparate accessory buildings or structures shall beconstructed in compliance with the standards specifiedby local codes including the State BuildingCode and the Mechanical Code, Plumbing Codeand Fire Code adopted therein, and the requirementsof the Department of Labor and Industries asmay be applicable.(2) Additions and accessory buildings or structuresshall maintain the setback and separationrequirements of this chapter.(3) Additions or accessory structures shall notexceed 16 feet in height. (Ord. 444 § 1, 2011)18.75.260 Satellite receiving antennas.Satellite receiving antennas shall be sited incompliance with the setback and separation standardsof this chapter. (Ord. 444 § 1, 2011)18-80

ELECTRIC CITY MUNICIPAL CODE 18.75.36018.75.270 Shoreline areas.All property developed within 200 feet of thehigh water mark of Banks Lake or its associatedwetlands as defined by the city’s shoreline managementmaster plan, and any uses relying on theshoreline for such use, shall conform with thecity’s shoreline management master plan. (Ord.444 § 1, 2011)18.75.280 Park administration.The owner and/or authorized operator of themanufactured home park shall be responsible forensuring the maintenance of the manufacturedhome park and compliance with the provisions ofthis chapter. (Ord. 444 § 1, 2011)18.75.290 Permit.Prior to the location, relocation, establishment,or initial occupancy of any manufactured home,the manufactured home owner or authorized representativeshall obtain a set-up permit from the city.Application for the permit shall be on forms prescribedand furnished by the city. The permit feeshall be established by the city. Each permit issuedby the city shall be valid until the manufacturedhome is moved to another location. (Ord. 444 § 1,2011)18.75.300 Set up.All manufactured homes shall be set up in accordancewith the manufacturer’s specifications andas required by the building official in accordancewith any applicable federal, state, or local regulations.(Ord. 444 § 1, 2011)18.75.310 Insignia requirement.All manufactured homes not established as aresidence within the city prior to the effective dateof the ordinance codified in this chapter shall bearthe insignia of approval by the state of Washingtonor the U.S. Department of Housing and UrbanDevelopment indicating compliance with 42U.S.C. Sections 5401 through 5403 standards (asamended in 2000). (Ord. 444 § 1, 2011)ECMC, Site Plan Review, may be obtained in compliancewith ECMC 17.17.050, Waivers, deviationsand deferrals. (Ord. 444 § 1, 2011)18.75.330 Interpretations and rulings.Recognizing that there may be ambiguities inany ordinance and that it may be necessary toobtain an interpretation or ruling regarding intent,interpretation, or definition, the planner may forwarda request to the hearing examiner for an interpretationor ruling regarding the application of theprovisions of this chapter to any existing or proposeduse. (Ord. 444 § 1, 2011)18.75.340 Appeals.Any decision made by any administrator,officer, board, or agency in carrying out the provisionsof this chapter may be appealed as providedfor in Chapter 19.11 ECMC. (Ord. 444 § 1, 2011)18.75.350 Issuance of a business license or acertificate of occupancy.No certificate of occupancy or business licensemay be issued by the city for new developmentuntil the premises have been inspected by thebuilding official and found to be in compliancewith the provisions and requirements of this chapter.(Ord. 444 § 1, 2011)18.75.360 Nonconforming use.Any land use, structure, lot of record or signwhich was legally established prior to the effectivedate of the ordinance codified in this chapter orsubsequent amendment to it and which could notbe permitted to be established as a new use in azone in which it is located by the regulations of thischapter may be permitted to continue as a legalnonconforming use in compliance with Chapter18.55 ECMC, Nonconforming Uses and Structures.(Ord. 444 § 1, 2011)18.75.320 Variances, waivers, deviations anddeferrals.(1) Zoning. A variance of the bulk standards,the performance standards, and the dimensionalstandards of this chapter may be obtained throughthe hearing examiner in compliance with the provisionsof Chapter 2.35 ECMC, Hearing Examiner.(2) Design. A variance of the city design standardsor of the requirements of Chapter 18.4918-81

18.80.010 ADMINISTRATIONChapter 18.80ADMINISTRATIONSections:18.80.010 Purpose.18.80.020 Duties of officials.18.80.030 Interpretations of this title.18.80.040 Building permits.18.80.050 Certificate of occupancy.18.80.060 Fees.18.80.070 Right of entry.18.80.080 Violations.18.80.090 Enforcement and penalties.18.80.010 Purpose.The purpose of this chapter is to establish provisionspertaining to the administration and enforcementof this title. It is the intent that all questions ofinterpretation and enforcement shall first be presentedto the planner for resolution prior to seekingenforcement through litigation. (Ord. 416 § 1,2009)18.80.020 Duties of officials.(1) Administrator. The administrator is responsiblefor the administration, interpretation, andenforcement of all parts of this title.(2) Director of Public Works. The director ofpublic works is responsible for providing engineeringreview, in consultation with the city engineer ifnecessary, of permit applications when such areview is needed, and for such other duties as setforth in this title.(3) Building Official. The building official isresponsible for assuring that all building permitsand certificates of occupancy are referred to theadministrator, as required by ECMC 18.80.030 and18.80.040.(4) Enforcement. All departments, officials,and public employees of the city which are vestedwith the duty or authority to issue permits orlicenses shall conform to the provisions of this titleand shall issue no such permit or license for anyuse, building, or purpose if the same would be inconflict with the provisions of this title, and shouldany such permit or license be issued in error it shallbe null and void from its issuance and the city shallnot be required to seek an appeal or review of theissuance of that permit or license to be able todeclare the same as null and void from the date ofits wrongful issuance.(5) General Duty. None of the provisions of thistitle are intended to create a cause of action or providethe basis for a claim against the city, its officials,or employees for the performance or failureto perform a duty or obligation running to a specificindividual or specific individuals. Any duty orobligation created herein is intended to be a generalduty or obligation running in favor of the generalpublic. (Ord. 416 § 1, 2009)18.80.030 Interpretations of this title.The administrator may, acting on his or her owninitiative or in response to an inquiry, issue interpretationsof any provision of this title for whichthe director of public works shall be responsible.The administrator shall base his or her interpretationson the following:(1) The defined or common meaning of thewords of the provision;(2) The general purpose of the provision; and(3) The meaning of the provision in relation tothe comprehensive plan. (Ord. 416 § 1, 2009)18.80.040 Building permits.Building permits are required by Chapter 15.20ECMC.(1) The building official shall refer to theadministrator all applications for building permitsfor new construction and for additions whichincrease the square footage of usable space.(2) Upon receiving an application for a buildingpermit, the administrator shall review it and makeany necessary field inspections to determinewhether the proposed construction or additioncomplies with this title. (Ord. 416 § 1, 2009)18.80.050 Certificate of occupancy.(1) No building hereafter erected, moved,enlarged, or changed in use shall be occupied untila certificate of occupancy has been issued by thebuilding official.(2) Certificates of Occupancy for ConformingUses, Buildings, and Structures.(a) A certificate of occupancy shall beissued only after such building, enlargement, orrelocation has been completed in conformity withthe provisions of this title and any applicable permitsand plans.(b) Any use legally occupying an existingbuilding at the time this zoning code becomeseffective may be continued but shall not bechanged, unless a certificate of occupancy for thenew use shall have been issued by the building officialafter finding that the new use conforms to anyrequired conditions of any applicable permits and18-82

ELECTRIC CITY MUNICIPAL CODE 18.80.090plans, and the city planner finds that the new useconforms to this title.(c) Any transfer of ownership of the buildingor structure which does not involve a change ofuse shall automatically effect a transfer of the certificateof occupancy to the new owner.(3) Certificates of Occupancy for NonconformingUses, Buildings and Structures.(a) The owner or authorized agent of anylegal nonconforming use, building or structuremay, at any time, apply for a certificate of occupancyto continue as a nonconformity under theprovisions of Chapter 18.55 ECMC.(b) No certificate of occupancy for a nonconforminguse, building or structure shall beissued until the applicant demonstrates that thenonconformity existed on the effective date of thistitle, or on the date when preceding versions of thecity’s zoning regulations became effective as tosuch building, structure, land or use, or that thebuilding, structure, land, or use was rendered nonconformingby an amendment to this title subsequentto its effective date.(c) A certificate of occupancy for a nonconformityshall state the manner in which the propertyis nonconforming and the date when theproperty became nonconforming.(d) Any transfer of ownership of the buildingor structure which does not involve a change ofuse shall effect a transfer of the certificate of occupancyto the new owner. (Ord. 416 § 1, 2009)18.80.060 Fees.All applications for permits, certificates of occupancy,rezones, variances, site plan approvals, andappeals shall be accompanied by the fees establishedfor such applications by action of the council.(Ord. 416 § 1, 2009)18.80.070 Right of entry.(1) Application Constitutes Permission forEntry. Application for any permit, certificate ofoccupancy, rezone, variance, site plan approval, orappeal constitutes permission for representativesof the city to enter on the property involved in orderto make inspections necessary to permit review. Arefusal to permit entry is considered to be an abandonmentof the application and forfeiture of all feescharged and/or paid.(2) Investigation of Potential Violations. Theadministrator may enter upon private property toinvestigate potential violations of this title if he orshe has a good faith belief that a violation exists onthe property. Before entering upon private property,the city planner shall present credentials to theowner or person in possession or charge of theproperty and request entry. If entry is refused, theadministrator may use any lawful means to obtainentry. (Ord. 416 § 1, 2009)18.80.080 Violations.(1) It is unlawful for any person to do or causeany act to be done contrary to or in violation of thistitle, and for any property owner to permit any actto be done contrary to or in violation of this title.(2) It is also unlawful for any applicant or permitteeto fail to perform any activity or obligationrequired by this title.(3) Any violation of any provision of this titleunless otherwise enforced per ECMC 18.80.090 isa civil infraction subject to a penalty as provided inChapter 1.15 ECMC. (Ord. 416 § 1, 2009)18.80.090 Enforcement and penalties.When the administrator determines that a violationof this title has occurred, he or she may proceedagainst that violation using the proceduresprovided in this section.(1) Initiation of Review. A review under thissubsection may be initiated by:(a) The administrator;(b) A motion of the city council;(c) Any aggrieved person believing that aviolation or violations of this title is occurring bymaking a written complaint to the administrator.(2) Review Procedure.(a) The administrator shall within 60 daysafter the receipt of such written allegations ormotion of the city council complete an investigationof the alleged violation(s) to determine themerits thereof.(b) Within 14 days after the administratorhas completed the investigation, he or she shalltake the following action:(i) If the administrator determines thatno violation as alleged or otherwise is occurring,then notification of that decision shall be given tothe complaining person or a spokesperson for thecomplaining person, or in a written report to thecity council.(ii) If the administrator determines that aviolation is occurring or has occurred as alleged, anotice of violation and order to correct or ceaseactivity shall be sent as specified in subsection (3)of this section.(c) If the administrator determines that theway to correct a violation is for the property owneror violator to cease the activity, or for the city to18-83

18.80.090 ADMINISTRATIONimpose new or changed conditions on a permit orplan that has been issued or approved, the cityplanner shall refer the matter to the hearing examiner,planning authority, or staff for review dependingupon which entity made the final decision onthe matter under review.(i) The hearing examiner or planningauthority shall hold a public meeting to review thepermit or approval, using criteria required for theoriginal.(ii) If the hearing examiner or planningauthority finds that a violation exists, and that itcan be reasonably resolved by imposing new orchanged conditions on the permit or plan, the conditionsmay be changed. The action of the hearingexaminer or the planning authority shall be final asprovided under Chapter 19.11 ECMC.(iii) If the hearing examiner or planningauthority determines that the way to correct theviolation is for the permittee to cease the violation,and the permittee fails or refuses to cease the violation,the hearing examiner or planning authoritymay revoke the permit or approved plan and mayorder the activity allowed by the permit or plan tocease.(iv) If the violation is of a conditionwhich was imposed by staff and staff finds that theviolation can be reasonably resolved by imposingnew or changed conditions on the permit or plan,conditions may be changed by staff.(v) If the staff determines that the way tocorrect a violation is for the permittee to cease theviolation and the permittee fails or refuses to ceasethe violation, the staff may revoke the permit orplan and may order activity allowed by the permitor plan to cease.(3) Notice of Violation and Order to Correct orCease Activity.(a) General. If the administrator determinesthat any activity, condition, structure, or use existsthat does not conform to this title, he or she mayissue a notice of violation and order to correct orcease activity. This notice will specifically indicatethe following:(i) The name and address of the person(s)charged with the violation;(ii) What provision of this title is beingviolated;(iii) The street address and a brief legaldescription of the site on which the violation hasbeen determined to exist;(iv) What is necessary to correct the violation;(v) The time by which the violation is tobe corrected or activity ceased; and(vi) A statement that the civil penaltiesestablished in subsection (5) of this section shall beassessed against the person(s) cited if the violationis not corrected within the specified time period.(b) Notice to Occupant and Owner. Theadministrator shall deliver or cause to be deliveredthe notice of violation and order to correct or ceaseactivity by U.S. postal mail, or certified mail returnreceipt requested, or personal service to the occupantor person in charge of the property if the occupantor person in charge of the property is theviolator; or the owner of the property if the ownerof the property is the violator, or both if appropriate.A copy of the notice of violation and order tocorrect or cease activity shall be sent to the complainingperson or a spokesperson for complainingperson.(4) Appeals. Any notice of violation and orderto correct or cease activity issued by the administratorshall be appealable to the hearing examinerunder Chapter 19.11 ECMC.(5) Penalties.(a) Any violation for which a notice of violationand order to correct or cease activity hasbeen issued but which has not been correctedwithin the time specified shall incur a civil penaltyof $250.00 per day up to a sum of $5,000, beginningon the day the correction was to be completed.The cumulative penalty provided for in this subsection(5)(a) shall not accrue while an appeal is pending,nor shall the penalty preclude the initiation ofappropriate legal action to correct the violation.(b) If a penalty has been assessed pursuantto subsection (5)(a) of this section, a court shallassess that penalty and any additional penalty thecourt considers appropriate plus court costs andattorney’s fees.(6) If the administrator determines that theproperty owner or violator could reasonably correctthe violation, but fails to do so within the timespecified in the notice of violation and order to corrector cease activity, the city planner may refer thematter to the city attorney for civil enforcement byinjunction or other appropriate action.(7) Compromise, Settlement, and Dispositionof Disputes or Litigation. The administrator andthe city attorney may negotiate a settlement orcompromise or otherwise dispose of a dispute orlitigation, when to do so would be in the best interestsof the city. (Ord. 464 § 1, 2012; Ord. 416 § 1,2009)18-84

Title 19ADMINISTRATIONChapters:19.01 Introduction19.03 Administration19.05 Application Forms19.07 Application Process19.09 Review and Approval Process19.11 Appeals19.13 Enforcement and Penalties19.15 Comprehensive Plan and Development Regulation Amendments19.20 Concurrency Management19-1

ELECTRIC CITY MUNICIPAL CODE 19.01.040Chapter 19.01INTRODUCTIONSections:19.01.010 Purpose and applicability.19.01.020 Supersedes where conflict.19.01.030 Rules of interpretation.19.01.040 Definitions.19.01.010 Purpose and applicability.The purpose of this title is to prescribe the mannerin which permits for development and constructionare classified and processed, and thegeneral procedures and practices for developmentpermit administration.The purpose of Chapters 19.01, 19.03, 19.05,19.07 and 19.09 ECMC is to enact the processesand time lines for local land development permitting.The objectives of these chapters are to encouragethe preparation of appropriate informationearly in the permitting process, to process permitapplications in a timely manner, to provide the generalpublic with an adequate opportunity for reviewand comment, to integrate environmental reviewwith development project review, and to providethe development community with a standardizedprocess and predictability.This title shall apply to permit applications forland development under the following titles of thiscode:ECMC Title 15, Buildings and Construction.ECMC Title 16, Environment.ECMC Title 17, Subdivisions.ECMC Title 18, Zoning.Certain chapters within this title may apply toother titles within this code, as indicated elsewherein this code. Other laws, ordinances, regulationsand plans have a direct impact on the developmentof land. These include, but are not limited to, thecity’s comprehensive plan, the wastewater facilitiesplan, the comprehensive water system plan, thesix-year transportation improvement program, thiscode, particularly ECMC Titles 12, 13, 15, 16, 17,and 18, the state building code, and the laws, ordinances,regulations and plans of federal, state andlocal agencies. (Ord. 436 § 1, 2010)19.01.020 Supersedes where conflict.This title of this code shall supersede other titles,chapters and sections of this code where conflictexists. (Ord. 436 § 1, 2010)19.01.030 Rules of interpretation.For the purposes of this title, all words used inthe code shall have their normal and customarymeaning, unless specifically defined otherwise inthe code.Words used in the present tense include thefuture.The plural includes the singular and vice-versa.The words “will” and “shall” are mandatory.The word “may” indicates that discretion isallowed.The word “used” includes designed, intended orarranged to be used.The masculine gender includes the feminine andvice versa.Distances shall be measured horizontally unlessotherwise specified.The word “building” includes a portion of abuilding or a portion of the lot on which it stands.(Ord. 436 § 1, 2010)19.01.040 Definitions.Unless the context clearly requires otherwise,the definitions in this section apply throughout thistitle:“Application” means a request for any land usepermit required from the city for proposed developmentor action, including, without limitation,building permits, conditional uses, binding siteplans, planned developments, subdivisions, shortsubdivisions, variances, permits or approvalsrequired by critical area ordinances and site-specificrezones.“Closed record appeal hearing” means an appealon the record with no new evidence or informationallowed to be submitted and only appeal argumentsallowed.“Open record hearing” means a hearing that createsthe record through testimony and submissionof evidence and information. An open record hearingmay be held on an appeal if no open recordhearing has previously been held on the application.“Public meeting” means an informal meeting,hearing, workshop, or other public gathering toobtain comments from the public or other agencieson an application. A public meeting does not constitutean open record hearing. (Ord. 436 § 1, 2010)19-3

19.03.010 ADMINISTRATIONChapter 19.03ADMINISTRATIONSections:19.03.010 Roles and responsibilities.19.03.020 Mayor.19.03.030 City council.19.03.040 Planning commission.19.03.050 Hearing examiner.19.03.010 Roles and responsibilities.(1) The regulation of land development is acooperative activity including elected officials, theplanning commission, the hearing examiner andcity staff. The specific responsibilities of thesebodies are set forth below.(2) A developer is expected to read and understandthe city development code and be prepared tofulfill the obligations placed on the developer bythis code, particularly ECMC Titles 12 through 18.(Ord. 462 § 1, 2012; Ord. 436 § 1, 2010)19.03.020 Mayor.The mayor or his/her designee shall review andact on the following:(1) Authority. The mayor is responsible for theadministration of ECMC Titles 12, 13, 15, 16, 17,and 18 and associated RCWs and WACs.(2) Administrative Interpretation. Upon requestor as determined necessary, the mayor shall interpretthe meaning or application of the provisions ofsaid titles and issue a written administrative interpretationwithin 30 days. Requests for interpretationshall be written and shall concisely identify theissue and desired interpretation.(3) Administrative Decisions. The mayor isresponsible for issuing administrative decisions asset forth in ECMC 19.09.030 and 19.09.040. (Ord.462 § 1, 2012; Ord. 436 § 1, 2010)(1) Amendments to the comprehensive plan;(2) Amendments to the subdivision code,ECMC Title 17;(3) Amendments to the zoning code, ECMCTitle 18, including changes to the official zoningmap, which are of general applicability; and(4) Other actions requested or remanded by thecity council. (Ord. 462 § 1, 2012; Ord. 436 § 1,2010)19.03.050 Hearing examiner.The hearing examiner shall review and makedecisions on the following applications:(1) Subdivisions;(2) Planned development districts;(3) Rezones which are not of general applicability;(4) Applications for variances and conditionaluse permits;(5) Amendments and/or alterations to plats;(6) Petitions for plat vacations;(7) Appeals alleging an error in a decision of acity official in the interpretation or the enforcementof the zoning code or any other part of the developmentcode;(8) Appeals alleging an error in a decision of acity official in taking an action on a short subdivisionor binding site plan;(9) Appeals alleging an error in administrativedecisions or determinations pursuant to Chapter43.21C RCW; and(10) Any other matters as specifically assignedto the hearing examiner by the city council or asprescribed by this code. (Ord. 462 § 1, 2012; Ord.436 § 1, 2010)19.03.030 City council.The city council shall review and act on the followingsubjects:(1) Recommendations of the planning commission;(2) Final plat approvals in accordance with theprocedures for closed record decisions pursuant toECMC 19.09.080. (Ord. 462 § 1, 2012; Ord. 436§ 1, 2010)19.03.040 Planning commission.The planning commission shall review andmake recommendations on the following issues:19-4

ELECTRIC CITY MUNICIPAL CODE 19.05.020Chapter 19.05APPLICATION FORMSSections:19.05.010 Application forms.19.05.020 Application fees and charges.19.05.010 Application forms.(1) An application shall be made using theappropriate form provided by the city.(2) Each application form shall, at a minimum,include the following:(a) The application form shall be filled outlegibly, in blue or black ink, either hand-printed,typewritten or mechanically printed.(b) The name, mailing address and telephonenumber of each applicant.(c) The name, mailing address and telephonenumber of the applicant’s representative, ifany.(d) The name, mailing address and telephonenumber of each owner of the subject property,if different than the applicant(s).(e) The name, mailing address, telephonenumber and contractor registration number of theapplicant’s prime contractor, if any.(f) The parcel number, legal description andassessor’s parcel map for each parcel which is thesubject of the proposed development.(g) The signatures of each applicant or theapplicant’s representative, and each propertyowner if different than the applicant(s).(h) Any other information, documents ormaterials, as determined by the city, which may berequired in the body of the form or by an attachmentto the form, e.g., a narrative description of theproject.(3) Each application form shall require designationof a single person or entity to receive determinationsand notices required under this code or byChapter 36.70B RCW. Where a determination ornotice to the “applicant” is required by this code orChapter 36.70B RCW, “applicant” shall mean theperson or entity so designated.(4) Each application shall contain the followingstatement:This application shall be subject to all additionsto and changes in the laws, regulationsand ordinances applicable to the proposeddevelopment until a determinationof completeness has been made pursuantto Chapter 19.07.(Ord. 436 § 1, 2010)19.05.020 Application fees and charges.(1) The council shall adopt a resolution settingforth the fees, charges and rates for the variousdevelopment applications, permits, and approvalsauthorized pursuant to this code and shall updatesaid resolution as is appropriate and/or necessaryfor establishing such fees, charges and rates.(2) In the review of a land use permit application,the city may determine that such reviewrequires the retention of professional consultantservices. In addition to any land use fees that anapplicant is required to submit, the applicant shallalso be responsible to reimburse the city for thecost of professional consultant services if the citydetermines such services are necessary to processand/or complete its review of the application submittal.These professional services may include,but shall not be limited to, planning, hearing examiner,engineering, traffic engineering, legal, financialand accounting, soils, mechanical andstructural engineering, and electrical engineering,all contracted staff review expenses, publicationcosts and any consultant fees incurred to be able toreview and process the application or permitrequest.Additionally, the applicant shall be responsiblefor the costs of any independent inspectoremployed by the city to inspect installations of utilitiesto be delivered to the city upon completion asa condition of the platting process. The applicant isresponsible for all costs for environmental impactstudies, traffic studies, soil studies, and otherreports required for project evaluation. The citymay also require the applicant to deposit an amountwith the city which is estimated, at the discretion ofthe administrator, to be sufficient to cover anticipatedcosts of retaining professional consultant servicesand to ensure reimbursement to the city forsuch costs.(3) Fees paid are for administrative costsincurred in processing the application and aretherefore nonrefundable, whether the permit isissued or not.(4) Any application requiring the publication,mailing, and/or posting of notices or ordinancesshall be required to reimburse the city for all suchcosts incurred by the city.(5) The fees shall be billed to the applicant on amonthly basis based upon the time taken by city19-5

19.07.010 APPLICATION PROCESSstaff, city consultants, and/or the city attorney toreview the subject applications (the invoice shallnote the time and related charges). Any requireddeposit shall be due at the time of application. Thedeposit shall be held by the city and billed againstthe final invoice submitted by the city’s consultants.An administrative fee of 10 percent shall alsobe added to cover the city’s administrative costs ofprocessing the applicant’s invoices and billingexpenses. If more than one application is requiredfor a project, the applicant shall pay all depositsand fees as indicated for each required application.Invoices shall be due and payable immediatelyupon receipt by the applicant. If the planning directorascertains that invoices are not paid within 21days of mailing, the application shall be deemedincomplete and all processing shall stop until theinvoice is paid in full. If the planning directorascertains that a deposit balance is less than therequired minimum deposit balance, and said minimumbalance is not restored within 21 days ofmailing, the application shall be deemed incompleteand all processing shall stop until the minimumbalance is restored. Where no deposit isrequired, the applicant will be billed for the overallcosts not covered by any application fee.All invoices not paid within 30 days of the dateof mailing shall be assessed a 12 percent annualpercentage rate (one percent per month) interestcharge. If the final invoice exceeds the amount ofthe deposit, the applicant shall be responsible forpaying the additional amount due. Permits or otherapprovals shall not be issued until the final invoiceis paid in full. The city shall refund any funds leftfrom the deposit after the final invoice is paid.(Ord. 436 § 1, 2010)Chapter 19.07APPLICATION PROCESSSections:19.07.010 Application process.19.07.020 Formal preapplication meeting.19.07.030 Consolidated application process.19.07.040 Plan review.19.07.050 Determination of completeness.19.07.060 Application vesting.19.07.070 Notice of application.19.07.080 Notice of public hearing.19.07.010 Application process.The application process shall consist of the followingcomponents:(1) Formal preapplication meeting;(2) Plan review;(3) Determination of completeness;(4) Notice of application;(5) Application review;(6) Notice of final decision. (Ord. 436 § 1, 2010)19.07.020 Formal preapplication meeting.(1) All prospective applicants shall participatein a formal preapplication meeting. The city maywaive the requirement of a formal preapplicationmeeting where proposed development is subject toType I administrative review.(2) The purpose of the formal preapplicationmeeting is to provide the applicant with the bestavailable information regarding the developmentproposal and application processing requirements,and to assure the availability of complete and accuratedevelopment information necessary for reviewprior to the applicant’s expenditure of applicationfees and the scheduling of the application reviewprocess.(3) The formal preapplication meeting providesan opportunity for the applicant, staff and otheragencies to informally discuss and review the proposeddevelopment, the application and permitrequirements, fees, the review process and schedule,and applicable development standards, plans,policies, and laws.(4) The formal preapplication meeting shalltake place at the city’s offices, unless another locationis agreed upon by the city and the applicant.The length of the formal preapplication meetingshall be determined by the complexity of the developmentproposed by the applicant.(5) The city will prepare and maintain a writtensummary of the preapplication meeting, including19-6

ELECTRIC CITY MUNICIPAL CODE 19.07.050a list of any specific documents, information, legaldescriptions or other requirements that must besubmitted in addition to the requirements of theapplication.(6) An applicant may request one or more additionalformal preapplication meetings if the proposeddevelopment changes based on informationreceived at the previous meeting. The additionalmeetings shall be subject to the same procedures asthe initial formal preapplication meeting.(7) Application forms shall be made availableto the applicant following a formal preapplicationmeeting.(8) Applicants for development may request aninformal meeting prior to the formal preapplicationmeeting. The purpose of the meeting is to discuss,in general terms, the proposed development, citydesign standards, design alternatives and requiredpermits and approval process(es).(9) It is impossible for the preapplication meetingto be an exhaustive review of all potentialissues. The discussion at the meeting, the city’swritten summary, or the form sent to the applicantunder subsection (7) of this section shall not bindor prohibit the city’s future application or enforcementof the applicable law. (Ord. 436 § 1, 2010)19.07.030 Consolidated application process.(1) When more than one application for a proposeddevelopment is required, the applicant mayelect to have all applications submitted for reviewat one time.(2) Applications for proposed development andplanned actions subject to the provisions of theState Environmental Policy Act (SEPA) shall bereviewed concurrently and in accordance with thestate and local laws, regulations and ordinances.(3) When more than one application is submittedunder a consolidated review and the applicationsare subject to different types of reviewprocedures, all of the applications for the proposeddevelopment shall be subject to the highest level ofreview procedure which applies to any of the applications.(4) If an applicant elects a consolidated applicationprocess, the determination of completeness,the notice of application, and the notice of finaldecision must include all applications beingreviewed. (Ord. 436 § 1, 2010)19.07.040 Plan review.After application materials are submitted by aproject proponent following the formal preapplicationmeeting, a plan review shall be conducted bythe city to determine if the application is complete.The plan review shall determine if adequate informationis provided in or with the application inorder to begin processing the application, and thatall required information and materials have beensupplied in sufficient detail to begin the applicationreview process. All information and materialsrequired by the application form and from the formalpreapplication meeting must be submitted. Allstudies supporting the application or addressingprojected impacts of the proposed developmentmust be submitted. (Ord. 436 § 1, 2010)19.07.050 Determination of completeness.(1) Within 28 days after receiving an application,the city shall complete the plan review of theapplication and provide the applicant a writtendetermination that the application is either completeor incomplete.(2) An application shall be determined completeonly when it contains all of the followinginformation and materials:(a) A fully completed and signed application.(b) Applicable review fees.(c) All information and materials requiredby the application form.(d) A fully completed and signed environmentalchecklist for projects subject to reviewunder the State Environmental Policy Act.(e) The information specified for the desiredproject in the appropriate title of this code.(f) A plot plan disclosing all existing andproposed structures and features applicable to thedesired development, for example: parking, landscaping,preliminary drainage plans with supportingcalculations, signs, setbacks, etc.(g) Any additional information and materialsidentified at the formal preapplication meetingor required by applicable development standards,plans, policies or any other federal, state or locallaws.(h) Any supplemental information or specialstudies identified by the city.(3) For applications determined to be incomplete,the city shall identify, in writing, the specificrequirements, information or materials necessaryto constitute a complete application. Within 14days after its receipt of the additional requirements,information or materials, the city shall issue adetermination of completeness or identify the additionalrequirements, information, or materials stillnecessary for completeness. Failure to submit therequested information within 60 days will result in19-7

19.07.060 APPLICATION PROCESSa null and void application, with no refund of thefiling fees.(4) A determination of completeness shall identify,to the extent known, other local, state or federalagencies that may have jurisdiction over someaspect of the application.(5) A determination of completeness shall notpreclude the city from requesting additional informationor studies if new information is required ora change in the proposed development occurs.(6) Upon issuing a determination of completeness,the application materials, including the applicableSEPA review information, will be referred toappropriate agencies for review and comment.(Ord. 436 § 1, 2010)19.07.060 Application vesting.An application shall become vested on the datea determination of completeness is made under thistitle. Thereafter the application shall be reviewedunder the codes, regulations and other laws ineffect on the date of vesting; provided, in the eventan applicant substantially changes his/her proposeddevelopment after a determination of completeness,as determined by the city, the applicationshall not be considered vested until a new determinationof completeness on the changes is madeunder this title. (Ord. 436 § 1, 2010)19.07.070 Notice of application.(1) Within 14 days after issuing a determinationof completeness, the city shall issue a notice ofapplication. The notice shall include, but not belimited to, the following:(a) The date of application, the date of thedetermination of completeness, and the date of thenotice of application.(b) A description of the proposed projectaction, a list of permits required for the application,and, if applicable, a list of any studies requested.(c) The identification of other required permitsnot included in the application, to the extentknown by the city.(d) The identification of existing environmentaldocuments which evaluate the proposeddevelopment and the location where the applicationand any studies can be reviewed.(e) A statement of the public commentperiod, which shall be 14 days following the dateof the notice of application, and a statement of theright of any person to comment on the application,receive notice of and participate in any hearings,and request a copy of the decision once made, anda statement of any appeal rights.(f) The date, time, location and type of hearing,if applicable, and scheduled at the date of thenotice of application.(g) A statement of the preliminary determination,if one has been made at the time of noticeof application, of those development regulationsthat will be used for project mitigation and of consistencywith the type of land use of the proposedsite, the density and intensity of proposed development,infrastructure necessary to serve the development,and the character of the development.(h) Any other information determined bythe city to be appropriate.(2) Informing the Public. The notice of applicationshall be posted in the following manner:(a) It shall be posted on the subject propertyfor the duration of the public comment period. Theapplicant shall be responsible for posting the propertyfor site-specific proposals with notice boardsprovided by the city. Public notice shall be accomplishedthrough the use of a four-foot by four-footplywood face generic notice board to be issued bythe city as follows:(i) The applicant shall apply to the cityfor the issuance of a notice board, and shall pay tothe city the amount of money on the fee schedulecurrently approved by the city council and availableat City Hall.(ii) Posting of the property for site-specificproposals shall consist of one or more noticeboards as follows:(A) A single notice board shall beplaced by the applicant in a conspicuous locationon a street frontage bordering the subject property.(B) Each notice board shall be visibleand accessible for inspection by members of thepublic.(C) Notice boards shall be maintainedin good condition by the applicant duringthe notice period and must be in place at least 15calendar days prior to the end of any commentperiod.(D) Notice boards must be removedby the applicant after the expiration of the applicablenotice period.(iii) An affidavit of posting shall be submittedto the city at least seven calendar days priorto the hearing. If the affidavits are not filed asrequired, any scheduled hearing or date by whichthe public may comment on the application may bepostponed in order to allow compliance with thenotice requirement.(b) The city shall post the notice of applicationat City Hall.19-8

ELECTRIC CITY MUNICIPAL CODE 19.09.020(c) Where no other public notice, such as therequired notice of a public hearing, is required, thenotice of application shall be published once in theofficial newspaper for the city.(3) The notice of application is not a substitutefor any required notice of a public hearing.(4) A notice of application is not required forthe following actions, when they are categoricallyexempt from SEPA or environmental review hasbeen completed:(a) An application for a single-family residence,accessory uses or other minor constructionbuilding permits;(b) Application for a lot line adjustment;(c) Any application for which Type I administrativereview is determined applicable. (Ord.436 § 1, 2010)19.07.080 Notice of public hearing.When required, notice of a public meeting orhearing for all development applications and allopen record appeals shall be given as follows:(1) Time of Notices. Except as otherwiserequired, public notification of meetings, hearings,and pending actions under ECMC Titles 14through 18 shall be made by:(a) Publication in the official newspaper atleast 10 days before the date of a public meeting,hearing, or pending action; and(b) Mailing at least 10 days before the dateof a public meeting, hearing, or pending action toall property owners, as shown on the records of thecounty assessor, and all street addresses of propertieswithin 350 feet, not including street rights-ofway,or the boundaries of the property which is thesubject of the meeting or pending action.Addressed, prestamped No. 10 envelopes shall beprovided by the applicant; and(c) Posting at least 10 days before the meeting,hearing, or pending action at City Hall.(2) Content of Notice. The public notice shallinclude a general description of the proposedproject, action to be taken, a nonlegal descriptionof the property or a vicinity map or sketch, thetime, date and place of the public hearing and theplace where further information may be obtained.(3) Continuations. If for any reason a meetingor hearing on a pending action cannot be completedon the date set in the public notice, the meetingor hearing may be continued to a date, time andplace certain and no further notice under this sectionis required. (Ord. 436 § 1, 2010)Chapter 19.09REVIEW AND APPROVAL PROCESSSections:19.09.010 Application review criteria.19.09.020 Application review classification.19.09.030 Type I administrative review ofapplications.19.09.040 Type II administrative review ofapplications.19.09.050 Type III quasi-judicial review ofapplications.19.09.060 Legislative review of applications.19.09.070 Procedures for public hearings.19.09.080 Procedures for closed record decisionsand appeals.19.09.090 Notice of final decision.19.09.100 Official case record.19.09.010 Application review criteria.Review of an application and proposed developmentshall be governed by and be consistent withthe fundamental land use planning policies andchoices which have been made in the city’sadopted comprehensive plans and developmentregulations. The review process shall consider thetype of land use permitted at the proposed site, thedensity and intensity of the proposed development,the infrastructure available and needed to serve thedevelopment, the character of the development andits consistency with the comprehensive plan anddevelopment regulations. In the absence of applicabledevelopment regulations, the applicabledevelopment criteria in the comprehensive plan orsubarea plan adopted under Chapter 36.70A RCWshall be determinative. (Ord. 436 § 1, 2010)19.09.020 Application review classification.(1) Following the issuance of a determinationof completeness and a notice of application, anapplication shall be reviewed at one of four levels:(a) Type I administrative review;(b) Type II administrative review;(c) Type III quasi-judicial review;(d) Legislative review.(2) If this title or this code provides that a proposeddevelopment is subject to a specific type ofreview, or a different review procedure is requiredby law, then the application for such developmentshall be processed and reviewed accordingly. Ifthis title does not provide for a specific type ofreview, or if a different review procedure is notrequired by law, then the city shall determine the19-9

19.09.030 REVIEW AND APPROVAL PROCESStype of review to be used for the type and intensityof the proposed development.(3) Any public meeting or required open publichearing may be combined by the city with any publicmeeting or open record public hearing that maybe held on the proposed development by anotherlocal, state, federal or other agency. Hearings shallbe combined if requested by the applicant. However,joint hearings must be held within the cityand within the time limits of this title and Chapter36.70B RCW. (Ord. 436 § 1, 2010)19.09.030 Type I administrative review ofapplications.Type I administrative review shall be used whenthe proposed development is subject to clear,objective and nondiscretionary standards thatrequire the exercise of professional judgment abouttechnical issues and the proposed development iscategorically exempt from the State EnvironmentalPolicy Act (SEPA). Permits reviewed through thisprocess are not subject to the requirements ofChapter 19.07 ECMC. The city may approve,approve with conditions, or deny the application.The decision of the city is final unless an administrativeappeal process is provided for in this or anyother title within this code. This type of reviewincludes, but is not limited to, the following:(1) Interpretation of codes and ordinances;(2) Single-family and other minor building permitsnot subject to environmental review;(3) Fence permits;(4) Boundary line adjustments;(5) Fill and grade permits;(6) Encroachment permits to work within aright-of-way;(7) Flood development permits; and(8) Minor amendments or modifications toapproved developments or permits which mayaffect the precise dimensions or location of buildings,accessory structures and driveways, but donot affect the overall project character, increase thenumber of lots, dwelling units or density, ordecrease the quality or amount of open space. (Ord.436 § 1, 2010)19.09.040 Type II administrative review ofapplications.(1) Type II administrative review shall be usedwhen the proposed development is subject toobjective and subjective standards that require theexercise of limited discretion about nontechnicalissues and about which there may be limited publicinterest. The proposed development may or maynot be subject to SEPA review. This type of reviewincludes, but is not limited to, the following:(a) Short subdivisions;(b) Binding site plans; and(c) Multifamily, commercial, industrialand/or office building permits that are subject toenvironmental review pursuant to ECMC Title 18and the State Environmental Policy Act (SEPA).(2) The review procedure under Type II administrativereview includes the following:(a) If the proposed development is subject tothe State Environmental Policy Act (SEPA), thethreshold determination may be made concurrentwith the public comment period required in thenotice of application, pursuant to the provisions ofWAC 197-11-355, Optional DNS, and Chapter16.05 ECMC.(b) The city may approve, approve withconditions, or deny the application after the datethe application is accepted as complete, and uponcompletion of the public comment period and thecomment period required by SEPA, if applicable.The decision of the city is final unless an administrativeappeal process is provided for in this or anyother title within this code. The city shall mail thenotice of decision to the applicant and all parties ofrecord. The decision shall be issued pursuant toECMC 19.09.090, Notice of final decision. (Ord.436 § 1, 2010)19.09.050 Type III quasi-judicial review ofapplications.(1) Type III quasi-judicial review shall be usedwhen the development or use proposed under theapplication requires a public hearing before a hearingbody which will generally be the hearing examiner.This type of review includes, but is not limitedto, the following:(a) Administrative appeals, including thoserelating to Chapter 43.21C RCW;(b) Preliminary subdivisions;(c) Plat alterations and/or vacations;(d) Conditional use permits;(e) Planned developments;(f) Variances;(g) Rezones which are not of general applicability;and(h) Other similar development permit applications.(2) The review procedure under Type III quasijudicialreview includes the following:(a) A Type III quasi-judicial review processrequires an open record public hearing before the19-10

ELECTRIC CITY MUNICIPAL CODE 19.09.060appropriate hearing body which is generally thehearing examiner.(b) The public hearing shall be held after thecompletion of the public comment period and thecomment period required by SEPA, if applicable.(c) At least 10 days before the date of a publichearing, the city shall issue public notice of thedate, time, location and purpose of the hearing,pursuant to ECMC 16.05.100.(d) At least seven days before the date of thepublic hearing, the city shall issue a written staffreport, integrating the SEPA review and thresholddetermination and recommendation regarding theapplication(s), shall make available to the public acopy of the staff report for review and inspection,and shall mail a copy of the staff report and recommendationto the applicant or the applicant’s designatedrepresentative. The city shall make availablea copy of the staff report, subject to payment of areasonable charge, to other parties who request it.(e) Public hearings shall be conducted inaccordance with the rules of procedure adopted bythe hearing body. Lacking any adopted hearingprocedures, the provisions of ECMC 19.09.070shall be used to conduct the public hearing. A publichearing shall be recorded on either audio oraudio-visual tape.(f) Within 10 working days after the date thepublic record closes, the hearing body shall issue awritten decision regarding the application(s).(g) The hearing body may approve, approvewith conditions or deny the application and shallmail the notice of its decision to the city, applicant,the applicant’s designated representative, the propertyowner(s), and any other parties of record. Thedecision shall be issued pursuant to ECMC19.09.090, Notice of final decision. (Ord. 436 § 1,2010)19.09.060 Legislative review of applications.(1) Legislative review is used when the proposeddevelopment involves the creation, implementationor amendment of city policy or law.Projects reviewed through this process are not subjectto the requirements of Chapter 19.07 ECMC.This type of review includes, but is not limited to,comprehensive plan, subarea plan, zoning and/ordevelopment code reviews, amendments andupdates.(2) Legislative review may include any or all ofthe following as is appropriate under the circumstances:(a) Legislative review generally requires atleast one public hearing before the planning commission,one public meeting before the city council,and in most instances will involve at least onepublic hearing before the city council.(b) When an application by a private individualis part of the proposed legislative action, theapplication shall contain all information and materialrequirements, including the appropriate fee(s),required by the appropriate application form andany formal preapplication meeting.(c) At least 10 days before the date of thefirst planning commission hearing the city shallissue public notice of the date, time, location andpurpose of the hearing pursuant to ECMC19.07.090. The notice shall include notice of theSEPA threshold determination issued by the city.(d) At least seven days prior to the hearingthe city shall issue a written staff report, integratingthe SEPA review and threshold determination andrecommendation regarding the application(s), shallmake available to the public a copy of the staffreport for review and inspection, and shall mail acopy of the staff report and recommendation to theapplicant or the applicant’s designated representativeand planning commission members. The cityshall make available a copy of the staff report, subjectto a reasonable charge, to other persons whorequest it.(e) Following the public hearing of the planningcommission, in accordance with Chapter35A.63 RCW, a recommendation of the planningcommission shall be forwarded to the city councilat the next regularly scheduled meeting. Uponreceiving the recommendation from the planningcommission, the city council shall set a publicmeeting to consider the proposal, at which theymay either accept or reject the recommendation.(f) The council must hold a public hearingto consider any changes to the recommendation ofthe planning commission. The council mayapprove, approve with conditions, deny or remandthe proposal back to the planning commission forfurther review after such public hearing.(g) In the event the city council determinesthat the public hearing record of the planning commissionis insufficient or otherwise flawed, thecouncil may remand the matter back to the planningcommission to correct the deficiencies. Thecouncil shall specify the items or issues to be consideredand the time frame for completing the additionalwork.(h) The final decision of the council shall beby ordinance, resolution or motion, as appropriate.Where the final decision of the council is made bymotion, it shall be in writing and shall include19-11

19.09.070 REVIEW AND APPROVAL PROCESSthose items described in ECMC 19.09.090. (Ord.436 § 1, 2010)19.09.070 Procedures for public hearings.Public hearings shall be conducted in accordancewith the hearing body’s rules of procedureand shall serve to create or supplement an evidentiaryrecord upon which the body will base its decision.The public hearing shall be declared openand, in general, the following sequence of eventsshall be observed:(1) Staff presentation, including submittal ofany administrative reports. The hearing body mayask questions of the staff.(2) Applicant presentation, including submittalof any materials. The hearing body may ask questionsof the applicant.(3) Testimony or comments by the public germaneto the matter. Questions directed to the staffor the applicant shall be posed by the hearing bodyat its discretion.(4) Rebuttal, response or clarifying statementsby the staff and the applicant.(5) The evidentiary portion of the public hearingshall be closed and, where applicable, the hearingbody shall deliberate on the matter before it.(Ord. 436 § 1, 2010)19.09.080 Procedures for closed recorddecisions and appeals.(1) Closed record decisions and appeals shallbe conducted in accordance with the hearingbody’s rules of procedure as provided for publichearings, and shall serve to provide argument andguidance for the body’s decision.(2) Closed record decisions on requests forfinal plat approval of a preliminary subdivisionshall include the following recommendations forapproval or disapproval:(a) A recommendation from the city waterand sewer department as to the adequacy of theproposed means of sewage disposal and water supply;(b) A recommendation from the city as tothe compliance with all terms of the preliminaryapproval of the proposed subdivision; and(c) A recommendation of approval or disapprovalfrom the city engineer.(3) Upon review of the request for final platapproval of a preliminary subdivision, the hearingbody shall approve, disapprove or remand the finalplat to the applicant with specific instructions forcompliance with the preliminary subdivisionapproval.(4) For closed record appeal hearings, no newevidence or testimony shall be given or received,except that the parties to an appeal may submittimely written statements or arguments. (Ord. 436§ 1, 2010)19.09.090 Notice of final decision.(1) The city will strive to issue a written noticeof final decision on an application reviewed pursuantto either a Type II administrative or a Type IIIquasi-judicial review process within 120 days afterthe date of the determination of completeness. Indetermining the number of days that have elapsed,the following periods shall be excluded:(a) Any period during which the applicanthas been requested by the city to correct plans, performrequired studies, or provide additional informationor materials. The period shall be calculatedfrom the date the city issues the request to theapplicant to the earlier of the date the city determineswhether the additional information satisfiesits request or 14 days after the date the informationhas been received by the city.(b) If the city determines the informationsubmitted by the applicant under subsection (1)(a)of this section is insufficient, it shall again notifythe applicant of deficiencies and the proceduresunder subsection (1)(a) of this section shall applyto the request for information.(c) Any period during which an environmentalimpact statement (EIS) is being preparedfollowing a determination of significance pursuantto Chapter 43.21C RCW.(d) Any period for administrative appeals,which shall not exceed 90 days for open recordappeals and 60 days for closed record appeals.(e) Any extension of time mutually agreedupon by the applicant and the city.(2) The time limit by which the city will striveto issue a written notice of final decision does notapply if an application:(a) Requires an amendment to a comprehensiveplan or development regulation.(b) Requires the siting of an essential publicfacility, as provided in Chapter 36.70A RCW andas may be hereafter amended.(c) Is substantially revised by the applicantafter a determination of completeness has beenissued, in which case the time period shall startfrom the date on which the revised project applicationis determined to be complete.(3) If the city is unable to issue its final decisionwithin the time limits provided for in this section,it shall provide written notice of this fact to the19-12

ELECTRIC CITY MUNICIPAL CODE 19.11.030applicant. The notice shall include a statement ofreasons why the time limits have not been met andan estimated date for issuance of the notice of finaldecision.(4) In accordance with state law, the city is notliable for damages which may result from the failureto issue a timely notice of final decision.(5) The written notice of final decision for TypeII administrative decisions, Type III quasi-judicialdecisions and legislative actions made by motionof the city shall include the following information:(a) A statement of the findings of the reviewauthority, stating the application’s compliance ornoncompliance with each applicable criterion, andassurance of compliance with applicable standards.(b) The decision to approve or deny theapplication and, if approved, conditions ofapproval necessary to ensure the proposed developmentwill comply with all applicable laws.(c) A statement that the decision is finalunless appealed as provided in Chapter 19.11ECMC, Appeals. The statement shall state theappeal closing date and describe how a party mayappeal the decision, including applicable fees andthe elements of a notice of appeal.(d) A written notice of decision rendered bythe city council may be in the form of the signedordinance or resolution.(6) Effective Date. The final decision of thecouncil or hearing body shall be effective on thedate stated in the notice of decision, resolution, orordinance. (Ord. 436 § 1, 2010)19.09.100 Official case record.The record of the public hearing or appeal hearingconducted by the hearing body for Type III andlegislative reviews shall include, but need not belimited to, the following materials:(1) The application or petition;(2) The departmental staff reports;(3) All evidence received or considered, whichshall include all exhibits and other materials filed;(4) A statement of all matters officially noticed;(5) A decision or a recommendation containingthe findings and conclusions of the hearing body;and(6) Any environmental determination madepursuant to the State Environmental Policy Act(SEPA) and the city ordinances in furtherance ofthat act. (Ord. 436 § 1, 2010)Chapter 19.11APPEALSSections:19.11.010 Appeal of administrativeinterpretations and decisions.19.11.020 Appeal of hearing examiner decisions.19.11.030 Administrative appeals.19.11.040 Judicial appeals.19.11.050 Transcription costs and recordpreparation.19.11.010 Appeal of administrativeinterpretations and decisions.Administrative interpretations and administrativedecisions pursuant to ECMC 19.09.030(1) and19.09.040(1) and (2), including appeals of administrativedecisions or determinations made pursuantto Chapter 43.21C RCW, may be appealed, byapplicants or parties of record, to the hearing examineras provided for in ECMC 19.11.030. There areno appeals of administrative decisions issued pursuantto ECMC 19.09.030(2) through (8). (Ord.436 § 1, 2010)19.11.020 Appeal of hearing examinerdecisions.Appeals of hearing examiner’s decisions shallbe made to the Grant County superior court pursuantto Chapter 36.70C RCW. (Ord. 436 § 1, 2010)19.11.030 Administrative appeals.(1) Filing. Every administrative appeal shall befiled with the city within 10 days after the date ofthe decision of the matter being appealed. If the 10-day period ends on a weekend or on a holiday, thefollowing working day shall be the tenth day.(2) Contents. The notice of appeal shall containa concise statement identifying:(a) The decision being appealed;(b) The name and address of the appellantand his/her interest(s) in the matter;(c) The specific reasons why the appellantbelieves the decision to be wrong, including identificationof each finding of fact, each conclusion,and each condition or action ordered which theappellant alleges is erroneous. The appellant shallbear the burden of proving the decision was wrong;(d) The specific desired outcome or changesto the decision;(e) The appeal fee.(3) Rejection of Appeal. If an appeal is notproperly filed because one or more of the required19-13

19.11.040 APPEALSmaterials set forth in this section has not been submittedto the municipal services director within thetime limit established in this section, the municipalservices director has the authority to reject theappeal. In such instances, the municipal servicesdirector shall inform the appellant in writing thatthe appeal has been rejected and include an explanationof its deficiency(ies).(4) Process. Upon receipt of a notice of appealcontaining all information required in subsection(2) of this section, the city shall schedule with theapplicable hearing body either an open record hearingor a closed record appeal hearing if an openrecord hearing has already been held on an application.(5) Stay of Proceedings. If an appeal is properlyfiled within the time limit, the appealed decisionshall be suspended, and no further developmentaction which is the subject of the appeal may betaken until the appeal is decided, but if a suspensionwould cause imminent peril to life or property,development action may be continued only by anorder issued by the board or by a court of competentjurisdiction.(6) Closed record appeals shall be conducted inaccordance with the hearing body’s rules of procedureand shall serve to provide argument and guidancefor the body’s decision. Closed record appealsshall be conducted generally as provided for publichearings, except that no new evidence or testimonyshall be given or received except as provided insubsection (6)(c) of this section. Closed recordappeal hearings may be continued as determinednecessary by the hearing body. The parties to theappeal may submit timely written statements orarguments.(a) A decision following a closed recordappeal hearing shall include one of the followingactions:(i) Grant the appeal in whole or in part.(ii) Deny the appeal in whole or in part.(iii) Remand for further proceedingsand/or evidentiary hearing.(b) In the event the hearing body determinesthat the public hearing record or record on appealis insufficient or otherwise flawed, it may remandthe matter back to the hearing body to correct thedeficiencies. The items or issues to be consideredand the time frame for completing the additionalwork shall be specified.(c) The hearing body may receive new evidencein addition to that contained in the record onappeal only if it relates to the validity of the underlyingdecision at the time the decision was madeand is needed to decide disputed issues regarding:(i) The proper constitution of or disqualificationgrounds pertaining to the decision maker.(ii) The use of unlawful procedure.(7) The burden of proof in an administrativeappeal is on the appellant.(8) SEPA Appeals. In addition to the itemslisted above, Chapter 16.05 ECMC shall be compliedwith when filing administrative appeals ofSEPA decisions or determinations. (Ord. 436 § 1,2010)19.11.040 Judicial appeals.(1) Appeals from the final decision of the citycouncil or hearing examiner involving ECMCTitles 14, 15, 16, 17 or 18, and for which all otherappeals specifically authorized have been timelyexhausted, shall be made to Grant County superiorcourt within 21 days of the date the decision oraction became final. Such appeal shall be filedaccording to the procedural standards outlined inChapter 36.70C RCW, Judicial Review of LandUse Decisions.(2) Notice of the appeal and any other pleadingsrequired to be filed with the superior court shall beserved on the planner, city clerk, and city attorneywithin the applicable time period. This requirementis jurisdictional. (Ord. 436 § 1, 2010)19.11.050 Transcription costs and recordpreparation.The cost of transcribing and preparing allrecords ordered certified by the court, required atthe discretion of the hearing examiner or city council,or required at the discretion of the city attorney,shall be borne by the appellant. The appellant shallpost with the city clerk prior to the preparation ofany records an advance fee deposit in the amountspecified by the city clerk. The city clerk shallascertain the approximate charge of the transcription.Any overage will be promptly returned to theappellant. Any undercharges shall be promptlypaid by the appellant. (Ord. 436 § 1, 2010)19-14

ELECTRIC CITY MUNICIPAL CODE 19.13.050Chapter 19.13ENFORCEMENT AND PENALTIESSections:19.13.010 Purpose.19.13.020 Compliance required.19.13.030 Enforcing official.19.13.040 Responsibilities defined.19.13.050 Voluntary correction agreements.19.13.060 Notice of violation and order to corrector cease activity.19.13.070 Violation – Civil enforcement andpenalties.19.13.080 Approval revocation, suspension andmodification.19.13.010 Purpose.The purpose of this chapter is to ensure compliance,abate noncompliance and punish violationsof applicable titles of this code, including withoutlimitation ECMC Titles 14 through 18. The provisionsof this chapter may also be used to supplementenforcement actions described within thiscode, and shall be applied and interpreted toaccomplish this purpose. (Ord. 436 § 1, 2010)19.13.020 Compliance required.(1) No person, corporation, partnership, associationor other legal entity shall fail or refuse tocomply with, or interfere with or resist the enforcementof, the provisions of ECMC Titles 15 through18 and/or any condition of approval imposed bythe city council, planning commission, hearingexaminer or mayor, or a land use order, directive ordecision or a city official. Any such act or failure toact shall constitute a violation under this chapter.(2) Actions under this chapter may be taken inany order deemed necessary or desirable by thecity to achieve the purpose of this chapter and thecity code.(3) Proof of a violation of a development permitor approval shall constitute prima facie evidencethat the violation is that of the applicant and/orowner of the property upon which the violationexists. An enforcement action under this chaptershall not relieve or prevent enforcement againstany other responsible person. (Ord. 436 § 1, 2010)19.13.030 Enforcing official.The mayor shall be responsible for enforcingECMC Titles 12 through 18 and may adopt administrativerules to meet that responsibility. Themayor may delegate enforcement responsibility asappropriate. (Ord. 436 § 1, 2010)19.13.040 Responsibilities defined.Owners remain liable for violations of dutiesimposed by this code, even though an obligation isalso imposed on the occupants of the buildingand/or premises, and even though the owner has,by agreement, imposed on the occupant the duty ofcomplying with all or portions of this code. (Ord.436 § 1, 2010)19.13.050 Voluntary correction agreements.(1) The mayor, prior to filing any notice of violationand order, may enter into a voluntary correctionagreement with a person responsible forcorrecting the condition, which may be the owner,agent or occupant.(2) Any such voluntary correction agreementshall be a contract between the city and the personresponsible, and shall follow a form to be approvedby the city attorney. It shall be entirely voluntaryand no one shall be required to enter into such anagreement.(3) In such contract the person responsible shallagree to the following:(a) Acknowledge a violation exists as shallbe briefly there described;(b) Acknowledge it is his/her responsibilityto abate the violation;(c) Agree to abate the violation by a certaindate or within a specified time;(d) Agree that if he/she does not accomplishthe terms of such agreement, the city may proceedwithout further notice to enforce the applicableprovisions of this code as described within thischapter, including entering the premises, rectifyingthe violation, and recovering the expenses andmonetary penalties provided for herein.(4) The agreement shall provide that if the persondoes accomplish the terms of the agreement, asdetermined by the city, within the time frame specifiedtherein, the city shall so acknowledge andthen shall take no further actions about it or attemptto recover public costs already incurred.(5) The mayor may agree to extend the timelimit for correction set forth in such agreement ormay agree to modify the required corrective action.However, the mayor shall not agree to extend ormodify the agreement unless the person responsiblehas shown due diligence and/or substantialprogress in correcting the violation but has shownunforeseen circumstances which require suchextension or modification. (Ord. 436 § 1, 2010)19-15

19.13.060 ENFORCEMENT AND PENALTIES19.13.060 Notice of violation and order tocorrect or cease activity.Upon the enforcing official’s determination thatone or more violations have been committed, theenforcing official shall issue a notice of violationand order to correct or cease activity.(1) The notice of violation and order to corrector cease activity shall conform to the requirementsof ECMC 1.20.050.(2) The notice of violation and order to corrector cease activity shall be served as provided inECMC 1.20.050.(3) The appeal of a notice of violation and orderto correct or cease activity shall be filed as providedin ECMC 1.20.050. (Ord. 436 § 1, 2010)19.13.070 Violation – Civil enforcement andpenalties.The failure or refusal to complete correctiveaction by the date set forth in a notice of violationand order shall subject the person(s) to whom thenotice of violation and order to correct or ceaseactivity was directed to the following enforcementactions and penalties in addition to those providedin Chapter 1.20 ECMC:(1) The enforcing official may revoke, modifyor suspend any permit, variance, subdivision orother land use approval issued for the subject property.(2) A civil penalty as provided in Chapter 1.20ECMC per day, or portion thereof, per violationuntil corrective action is completed. Each separateday, event, action or occurrence shall constitute aseparate violation.(3) The city, through its authorized agents, mayinitiate abatement or injunction proceedings orother appropriate action in the municipal court, orthe courts of this state, to prevent, enjoin, abate orterminate violations of this chapter. The city mayobtain temporary, preliminary and permanentinjunctive relief from the Grant County superiorcourt. Irrespective of the foregoing, the city mayabate the violation as a public nuisance, and for thepurposes of Chapter 8.26 ECMC each such violationis declared to be a public nuisance, as providedin Chapter 8.26 ECMC.(4) The city after using the process set forth inChapter 8.26 ECMC may enter upon the subjectproperty and complete all corrective action. Theactual costs of labor, materials and equipment,together with all direct and indirect administrativecosts, incurred by the city to complete the correctiveaction shall be paid by record owner(s). Interestshall accrue on the amount due at the highestrate allowed by law.(5) Subsections (1) through (4) of this sectionare cumulative remedies and the taking of actionunder one subsection does not constitute an electionof remedies by the city. (Ord. 436 § 1, 2010)19.13.080 Approval revocation, suspensionand modification.(1) A permit, variance, subdivision or otherland use approval may be revoked, suspended ormodified on one or more of the following grounds:(a) Failure to complete corrective action asrequired pursuant to a notice of violation and orderto correct or cease activity.(b) The approval was obtained throughfraud.(c) The approval was obtained throughinadequate or inaccurate information.(d) The approval was issued contrary to law.(e) The approval was issued under a proceduralerror which prevented consideration of theinterests of persons directly affected by theapproval.(f) The approval is being exercised orimplemented contrary to the terms or conditions ofthe approval or contrary to law.(g) The use for which the approval wasissued is being exercised in a manner which is detrimentalto public health, safety or welfare.(h) Interference with the performance offederal, state, county or city official duties.(2) Action to revoke, suspend or modify a permit,subdivision, or other land use approval shallbe taken by the enforcing official through issuanceof a notice of violation and order to correct or ceaseactivity as described in ECMC 1.20.050.(3) If a permit or approval is revoked for fraudor deception, no similar application shall beaccepted for a period of one year from the date offinal action and appeal, if any. If a permit orapproval is revoked for any other reason, anotherapplication may be submitted subject to all of therequirements of the development code. (Ord. 436§ 1, 2010)19-16

ELECTRIC CITY MUNICIPAL CODE 19.15.060Chapter 19.15COMPREHENSIVE PLAN ANDDEVELOPMENT REGULATIONAMENDMENTSSections:19.15.010 Purpose.19.15.020 Type of action.19.15.030 Suggesting amendments.19.15.040 Identified deficiencies.19.15.050 Docketing suggested amendments.19.15.060 Timing and order of consideration ofsuggested amendments.19.15.070 Public participation.19.15.010 Purpose.The purpose of this chapter is to establish thetype of action and procedures for suggestingamendments and encouraging public participationfor comprehensive plan, subarea plans, and developmentregulation amendments. (Ord. 435 § 1,2010)19.15.020 Type of action.A comprehensive plan, subarea plan, or developmentregulation amendment is a legislativeaction and shall be considered in accordance withthe procedures for such actions as set forth in thischapter. (Ord. 435 § 1, 2010)19.15.030 Suggesting amendments.Amendments to the comprehensive plan, a subareaplan, or development regulations may be suggestedby any person, including but not limited toapplicants, citizens, hearing examiners and staff ofother agencies by providing the following writteninformation on a form approved by the planner ormayor to meet the docketing requirements of thischapter:(1) Name, address and telephone number of theperson, business, agency or other organization suggestingthe amendment;(2) Citation of the specific text, map or otherillustration suggested to be amended;(3) The suggested amendment;(4) If a suggested amendment is to a plan or toboth a plan and a development regulation, a statementof how the amendment (a) promotes the publichealth, safety and welfare; (b) is consistent withor in conflict with other portions of the comprehensiveplan or subarea plan; and (c) complies withChapter 36.70A RCW, also known as the GrowthManagement Act, and the Grant County countywideplanning policies;(5) If a suggested amendment is only to thedevelopment regulations, a statement as to how theamendment complies with the comprehensiveplan;(6) Except for a request made by a city departmentor officer or governmental entity, a fee establishedby resolution of the city council is required.All applicants shall be responsible for the costs ofany specialized studies including, but not limitedto, traffic and transportation, critical areas andenvironmental impact statements associated withtheir request;(7) SEPA checklist. (Ord. 435 § 1, 2010)19.15.040 Identified deficiencies.If during the review of any project permit applicationthe city identifies any deficiencies in plansor development regulations, the identified deficienciesshall be docketed on a form as provided inECMC 19.15.030, for possible future plan ordevelopment regulation amendments. “Deficiency”as used herein means the absence ofrequired or potentially desirable contents of a comprehensiveplan, subarea plan, or development regulation.(Ord. 435 § 1, 2010)19.15.050 Docketing suggested amendments.The planner shall compile and maintain for publicreview a list of suggested amendments and“identified deficiencies” to the comprehensiveplan, subarea plans, and the city’s developmentregulations by appropriate classification and in theorder which such suggested amendments werereceived. (Ord. 435 § 1, 2010)19.15.060 Timing and order of considerationof suggested amendments.(1) Suggested amendments to the comprehensiveplan, subarea plan or development regulationsshall be considered at least once each calendaryear, but the comprehensive plan shall be amendedno more often than once each calendar year, exceptthat amendments may be considered more frequentlyfor the initial adoption of a subarea plan,the adoption of a shoreline master program, incases of emergency, or to resolve an appeal of anadopted comprehensive plan filed with a GrowthManagement Board or with the court. The citycouncil shall initiate consideration of suggestedamendments by motion requesting the planningagency to prepare a recommendation.19-17

19.15.070 CONCURRENCY MANAGEMENT(2) Suggested amendments shall generally beconsidered by the planning agency in the orderreceived, although suggestions which concern thesame property, group of properties, subarea, orland use topic may be combined. All the recommendationsof the planning agency shall be consideredconcurrently by the city council. Beginningwith items proposed for city council action in 2008,the annual deadlines for submitting suggested planamendments shall be December 31st, and suggesteddevelopment regulation amendments shallbe October 31st unless otherwise stated by the citycouncil.(3) The planning agency and city council shallendeavor to consider suggested plan amendmentsbetween December and March and suggesteddevelopment regulations between October andMarch of each year. Where amendments to both aplan and development regulations are suggested orwhere an amendment to the comprehensive planwould be implemented by an amendment to thedevelopment regulations, such amendments maybe considered concurrently.(4) As appropriate, where an amendment of thecomprehensive plan is granted by the city counciland a subsequent rezone or amendment to developmentregulations is required, the planning agencymay consider them and make recommendations tothe city council for consideration concurrent withthe final approval of the comprehensive plan. (Ord.435 § 1, 2010)19.15.070 Public participation.The public shall be made aware of the opportunityto suggest amendments and to comment onsuggested amendments through methods includingbut not limited to direct mailings, newsletter andnewspaper articles, legal advertisements, andnotices posted in public places. Public noticerequirements shall be as set forth in ECMC19.07.080. (Ord. 435 § 1, 2010)Chapter 19.20CONCURRENCY MANAGEMENTSections:19.20.010 Intent.19.20.020 Definitions.19.20.030 Concurrency test.19.20.040 Certificate of capacity.19.20.050 Exemptions.19.20.060 Pre-existing use rights.19.20.070 Administrative reconsideration.19.20.010 Intent.Pursuant to the State Growth Management Act,Chapter 36.70A RCW, after the adoption of itscomprehensive plan, the city is required to ensurethat applicable public improvements or strategiesto accommodate the impacts of development aremade concurrent with the development. The intentof this chapter is to establish a concurrency managementsystem to ensure that transportation facilitiesand services needed to maintain minimumlevel of service standards are available simultaneousto, or within a reasonable time after, developmentoccupancy or use. This chapter helpsimplement the goals, policies and implementationstrategies of the capital facilities plan element ofthe Electric City comprehensive plan. (Ord. 434§ 1, 2010)19.20.020 Definitions.(1) “Applicant” means a person or entity whohas applied for a development permit.(2) “Available capacity” means capacity for atransportation facility that is currently available foruse.(3) “Certificate of capacity” means a documentissued by the city indicating the quantity of capacityfor each concurrency facility that has beenreserved for a specific development project on aspecific property.(4) “Concurrency test” means the comparisonof an applicant’s impact on transportation facilitiesto the capacity, including available and plannedcapacity of the facilities.(5) “Preliminary concurrency test” means aninformal, nonbinding assessment of availabletransportation capacity.(6) “Development permit” means a land use orbuilding permit.(7) “Development permit, final” means buildingpermit.19-18

ELECTRIC CITY MUNICIPAL CODE 19.20.040(8) “Development permit, preliminary” meansshort plat, preliminary plat, preliminary site planapproval, conditional use permit.(9) “Level of service standard” means the numberof units of capacity per unit of demand. Thelevel of service standards used in concurrency testsare those standards specified in the current adoptedcapital facilities program.(10) “Planned capacity” means capacity for atransportation facility that is not yet available, butfor which the necessary facility construction,expansion or modification project is contained inthe current adopted capital facilities plan andscheduled to be completed within six years.(11) “Service provider” means the departmentor agency responsible for providing the transportationfacility. (Ord. 434 § 1, 2010)19.20.030 Concurrency test.(1) Application. The city review of all applicationsfor preliminary development permits, unlessexempted by ECMC 19.20.050, shall include aconcurrency test. Those final development permitswhich did not have preceding preliminary developmentpermits shall also be subject to this concurrencytest, unless exempted by ECMC 19.20.050.(2) Procedures. The concurrency test will beperformed in the processing of the developmentpermit and conducted by the planner and publicworks director.(a) The planner shall provide the overallcoordination of the concurrency test by notifyingthe service providers of all applications requiring aconcurrency test as set forth in subsection (1) ofthis section; notifying the service providers of allexempted applications which use capacity, notifyingthe applicant of the test results; notifying theservice providers of the final outcome (approval ordenial) of the development permit; and notifyingthe service providers of any expired developmentpermits, discontinued certificates of capacity, orother action resulting in an applicant no longerneeding capacity which has been reserved.(b) All service providers shall be responsiblefor maintaining and monitoring their availableand planned capacity by conducting the concurrencytest for their individual facility for all applicationsrequiring a concurrency test as set forth insubsection (1) of this section; reserving the capacityneeded for each application; accounting for thecapacity for each exempted application which usescapacity; notifying the planner of the results of thetests; and reinstating any capacity for an expireddevelopment permit, discontinued certificate ofcapacity, or other action resulting in an applicantno longer needing capacity which has beenreserved. The service providers shall also beresponsible for reporting the capacity of their facilityto the city annually.(3) Test. Development permits that result in areduction of a level of service below the minimumlevel of service standard cannot be approved. Fortransportation facilities, available and plannedcapacity will be used in conducting the concurrencytest.(a) If the capacity of transportation facilitiesis equal to or greater than the capacity required tomaintain the level of service standard for theimpact from the development permit, the concurrencytest is passed. A certificate of capacity willbe issued according to the provisions of ECMC19.20.040.(b) If the capacity of transportation facilitiesis less than the capacity required to maintain thelevel of service standard for the impact from thedevelopment permit, the concurrency test is notpassed. The applicant may:(i) Modify the application to reduce theneed for transportation facilities;(ii) Demonstrate to the service provider’ssatisfaction that the development will havea lower need for capacity than usual and, therefore,capacity is adequate;(iii) Arrange with the service provider toprovide the additional capacity of transportationfacilities required; or(iv) Ask for formal reconsideration ofthe concurrency test to the public works director inaccordance with the provisions of ECMC19.20.070.(4) No Development Permit Application. Anapplicant may request a preliminary concurrencytest without an accompanying request for a developmentpermit. A fee, as set forth in the approvedfee schedule, will be charged for such preliminaryconcurrency test. Any available capacity cannot bereserved. A certificate of capacity will only beissued in conjunction with a development permitapproval as outlined in this section. (Ord. 434 § 1,2010)19.20.040 Certificate of capacity.(1) Issuance. A certificate of capacity, guaranteeingthe availability of transportation capacitysubject to the terms contained herein, shall beissued upon issuance of the final development permit.If applicable, payment of fee and/or performanceof any condition required by a service19-19

19.20.050 CONCURRENCY MANAGEMENTprovider shall be a condition of certificate ofcapacity issuance. Certificates of capacity may beissued immediately upon approval of a preliminarydevelopment permit or at the time of the finaldevelopment permit issuance. Administrative proceduresmay specify issuance of certificate ofcapacity at an earlier timeframe and conditionsrequired thereof.(2) A certificate of capacity shall apply only tothe specific land uses, densities, intensities anddevelopment project described in the applicationand development permit.(3) A certificate of capacity is not transferableto other land, but may be transferred to new ownersof the original land.(4) Life Span of Certificate. A certificate ofcapacity shall expire if the accompanying developmentpermit expires or is revoked. A certificate ofcapacity may be extended according to the sameterms and conditions as the accompanying developmentpermit. If the development permit isgranted an extension, so shall the certificate ofcapacity. If the accompanying development permitdoes not expire, the certificate of capacity shall bevalid for five years.(5) Unused Capacity. Any capacity that is notused because the developer decides not to developor the accompanying development permit expiresshall be returned to the available pool of capacity.(Ord. 434 § 1, 2010)19.20.050 Exemptions.(1) No Impact. Development permits for developmentwhich creates no measurable additionalimpacts on any transportation facility are exemptfrom the requirements of this chapter. Such developmentincludes, but is not limited to:(a) Any addition or accessory structure to aresidence with no change in use or increase in thenumber of dwelling units;(b) Interior renovations with no change ofuse or, if a residential use, no increase in number ofdwelling units;(c) Interior completion of a structure foruse(s) with the same or less intensity as the existinguse or a previously approved use;(d) Replacement structure with no change inuse or increase in number of dwelling units;(e) Temporary construction trailers;(f) Driveway resurfacing or parking lot paving;(g) Re-roofing of structures;(h) Demolitions;(i) Clearing, filling and grading permits.The mayor or other designated city official shallbe responsible for determining if other types ofdevelopment also meet this “no impact” standardso as to be included under this exemption.(2) Exempt Permits. The following developmentpermits are exempt from the requirements ofthis chapter.(a) Boundary line adjustment;(b) Final plat;(c) Temporary use/stand permit;(d) Variance or administrative adjustment;(e) Clearing, filling and grading permits;(f) Rezone/comprehensive plan amendments.(3) Application Filed Before Effective Date ofOrdinance. Complete development permit applicationsthat have been submitted before the effectivedate of the ordinance codified in this chapter areexempt from the requirements of this chapter.(4) Single-Family Homes. Single-family homeson lots platted before the effective date of the ordinancecodified in this chapter are exempt from therequirements of this chapter.(5) Accessory Dwelling Units. All accessorydwelling units, as defined in this code, are exemptfrom the requirements of this chapter.(6) Accounting for Capacity. The capacity fordevelopment permits exempted under subsections(3), (4) and (5) of this section shall be taken intoaccount. (Ord. 434 § 1, 2010)19.20.060 Pre-existing use rights.Development permits that were issued beforethe effective date of the ordinance codified in thischapter shall be considered to have capacity aslong as the accompanying development permit isvalid. If the accompanying development permitdoes not expire, capacity shall be considered to beavailable for five years after the effective date ofthe ordinance codified in this chapter. (Ord. 434§ 1, 2010)19.20.070 Administrative reconsideration.The applicant may appeal the results of the concurrencytest within 15 days of the notification ofthe test results by filing with the public worksdirector a formal request for reconsideration specifyingthe grounds thereof, using forms authorizedby the public works director. Each appeal shall beaccompanied by a fee as set forth in a resolution ofthe city council. Upon filing of such appeal, thepublic works director shall notify the appropriateservice provider(s) of such request. The public19-20

ELECTRIC CITY MUNICIPAL CODE 19.20.070works director shall reconsider the test results andissue a determination either upholding the originaldetermination or amending it. (Ord. 434 § 1, 2010)19-21

ELECTRIC CITY MUNICIPAL CODEORDINANCE TABLE1 Council meetings (Repealed by 80)2 Town clerk (2.05)3 Posting of ordinances (Not codified)4 Traffic code (Repealed by 10)5 Preservation of public peace (Not codified)6 Amends § 2 of Ord. 1, council meetings(Repealed by 80)7 General fund (Special)8 Removal of nuisance buildings (Repealedby 163)9 Cleanup after removal of nuisancebuildings (Repealed by 388)10 Vehicle and traffic; repeals Ord. 4 (Notcodified)11 Signs and advertising displays (Repealedby 416)12 1952 budget (Special)13 Citizens’ caucus (Repealed by 35)14 Business licenses (Repealed by 23)15 Amends § 2 of Ord. 1, council meetings(Repealed by 80)16 Combines office of clerk-treasurer (2.05)17 Liquor to minors (Repealed by 429)18 Debris removal (Repealed by 164)19 Adds § 21 to Ord. 14, business licenses(Repealed by 23)20 1953 budget (Special)21 Appropriation (Special)22 Curfew for minors (Repealed by 79)23 Business licenses; repeals Ord. 14(Repealed by 325)24 Appropriation (Special)25 Amusement devices (5.20)26 1954 budget (Special)27 Amends § 1 of Ord. 22, curfew for minors(Repealed by 79)28 Appropriation (Special)29 Dogs (Repealed by 227)30 Wholesale business license (Repealed by325)31 Speed limit (Repealed by 167)32 Appropriation (Special)33 1955 budget (Special)34 Appropriation (Special)35 Filing for candidacy; repeals Ord. 13 (Notcodified)36 Appropriation (Special)37 Appropriation (Special)38 1956 budget (Special)39 Fire department (2.10)40 Adds § 17-A to Ord. 23, business licenses(Repealed by 325)41 Adds §§ 4 and 5 to Ord. 10, vehicles andtraffic (Repealed by 167)42 1957 budget (Special)43 Transfer of funds (Special)44 Utilities franchises (13.25)45 1958 budget (Special)46 Transfer of funds (Special)47 Plumbing code (Not codified)48 Building code (Not codified)49 Electrical code (Not codified)50 Door-to-door solicitation (Repealed by325)51 1959 budget (Special)52 Transfer of funds (Special)53 Water fund (Special)54 Appropriation (Special)55 1960 budget (Special)56 Garbage (Not codified)57 Transfer of funds (Special)58 Appropriation (Special)59 Appropriation (Special)60 1961 budget (Special)61 Appropriation (Special)62 Civil defense (Repealed by 402)63 Bond issuance (Special)64 Maintenance of streets, highways andpublic ways (12.10)65 Excavations (12.15)66 Fire department benefits (2.10)67 Animals (6.05)68 Amends § 4 of Ord. 56, garbage (Notcodified)69 Bond issuance (Special)70 1962 budget (Special)71 Appropriation (Special)72 Repeals and replaces § 12 of Ord. 23,business licenses (Repealed by 325)73 (Number not used)74 Bond issuance (Special)75 Water (13.05)76 Appropriation (Special)77 1963 budget (Special)78 Appropriation (Special)79 Curfew for minors; repeals Ords. 22 and 27(Repealed by 378)80 Town council meetings; repeals Ord. 1(2.20)81 Appropriation (Special)82 1964 budget (Special)83 Dogs running at large (Repealed by 227)84 Appropriation (Special)85 1965 budget (Special)Tables-1

ORDINANCE TABLE86 Repeals and replaces § 4 of Ord. 56,garbage (Repealed by 151)87 Transfer of funds (Special)88 Town council meetings (2.20)89 Zoning (Repealed by 416)90 1967 budget (Special)91 Bond issuance (Special)92 Bond issuance (Special)93 Bond issuance (Special)94 1968 budget (Special)95 Sunset Terrace annexation (Special)96 Amends § 12 of Ord. 72, business licenses(Repealed by 325)97 Bond issuance (Special)98 Sewer rates (Repealed by 210)99 Sewers (13.15)100 Keeping of nuisance animals (Repealed by354)101 Transfer of funds (Special)102 Town council meetings (2.20)103 City attorney (Repealed by 123)104 City attorney retainer (Repealed by 123)105 Amends Arts. 4, 5, 7, 8 and 9 of Ord. 89,zoning; rezones (Repealed by 416)106 1969 budget (Special)107 Garbage and refuse collection rates(Repealed by 151)108 Abandoned vehicles (Repealed by 151)109 Amends § 12 of Ord. 72, business licenses(Repealed by 325)110 PUD franchise (Special)111 Bond issuance (Special)112 Amends § 19 of Ord. 75, water (13.05)113 Amends § 2 of Ord. 98, sewer rates(Repealed by 210)114 1970 budget (Special)115 Transfer of funds (Special)116 Amends Ord. 111, bond issuance (Special)117 Sales and use tax (3.05)118 Sewer use charge (Repealed by 210)119 Appropriation (Special)120 Tax levy (Special)121 1971 budget (Special)122 Street vacation (Repealed by 211)123 Town attorney fees; repeals Ords. 103 and104 (Repealed by 135)124 Amends Ord. 48, building code (Notcodified)125 Criminal code (Repealed by 379)126 Appropriation (Special)127 Amends Ord. 89, zoning; rezone (Notcodified)128 Street vacation (Repealed by 211)129 Curfew for minors; repeals Ords. 22 and 27(Repealed by 378)130 Tax levy (Special)131 Outdoor fires (Repealed by 333)132 Repeals and replaces § 1 of Ord. 127,zoning (Repealed by 416)133 1972 budget (Special)134 Amends § 19 of Ord. 75, water (13.05)135 Town attorney retainer; repeals Ord. 123(Repealed by 136)136 Repeals and replaces Ord. 135, townattorney retainer agreement (Not codified)137 Grant application ratification (Notcodified)138 Appropriation (Special)139 Fire equipment fund (3.35)140 Tax levy (Special)141 Public utility tax (Repealed by 161)142 1973 budget (Special)143 Appropriation (Special)144 Appropriation (Special)145 Appropriation (Special)146 Appropriation (Special)147 Tax levy (Special)148 Amends § 19 of Ord. 75, water (13.05)149 Special election (Special)150 1974 budget (Special)151 Garbage and refuse collection rates; repealsOrds. 86 and 107 (Repealed by 187)152 Fire truck general obligation bonds(Special)153 Appropriation (Special)154 Amends § 19 of Ord. 75, water (13.05)155 Tax levy (Special)156 1975 budget (Special)157 Annexation (Special)158 Amends Art. IV of Ord. 89, zoning (SunsetTracts) (Repealed by 416)159 Tax levy (Special)160 Park reserve fund (3.45)161 Public utility tax; repeals Ord. 141(Repealed by 241)162 1976 budget (Special)163 Dangerous buildings; repeals Ord. 8(Repealed by 173)164 Weeds and vegetation; repeals Ord. 18(Repealed by 174)165 Adds § 4 to Ord. 151, garbage and refusecollection rates (Repealed by 191)166 Annexation (Special)167 Model Traffic Ordinance; repeals Ords. 31and 41 (Repealed by 314)168 Zoning map amendment, Sunset Terrace(Special)Tables-2

ELECTRIC CITY MUNICIPAL CODE169 Tax levy (Special)170 Appropriation (Special)171 1977 budget (Special)172 Adopts SEPA (Repealed by 234)173 Dangerous buildings; repeals Ord. 163(Repealed by 388)174 Weeds and vegetation; repeals Ords. 18 and164 (12.05)175 Appropriation (Special)176 Illegal parking fine (10.05)177 Rezone (Special)178 Tax levy (Special)179 Fund expenditure (Special)180 1978 budget (Special)181 Amends § 2 of Ord. 98, sewer rates(Repealed by 210)182 Contract for police services (Not codified)183 Amends § 19 of Ord. 75, water (Repealedby 208)184 Appropriation (Special)185 Tax levy (Special)186 1979 budget (Special)187 Garbage and refuse collection rates; repealsOrd. 151 (Repealed by 191)188 Appropriation (Special)189 Tax levy (Special)190 1980 budget (Special)191 Garbage and refuse collection rates; repealsOrds. 165 and 187 (Repealed by 207)192 Sunset Tracts rezone (Special)193 Utility lien service charge (3.15)194 Marijuana possession (Repealed by 429)195 Coulee Playland annexation (Special)196 Amends Ord. 75, water (Repealed by 208)197 Rezone (Special)198 Renames certain streets (Not codified)199 Street vacation (Special)200 Tax levy (Special)201 CATV franchise (Special)202 Adds Art. XIII to Ord. 89, zoning(Repealed by 416)203 Gambling tax (5.10)204 Claims fund (3.50)205 Authorizes participation in the WashingtonPublic Employees’ Retirement System(Not codified)206 1981 budget (Special)207 Garbage and refuse collection rates; repealsOrd. 191 (Repealed by 219)208 Water; repeals Ords. 183 and 196(Repealed by 245)209 Amends § 2 of Ord. 98, sewer rates(Repealed by 210)210 Sewers; repeals Ords. 98, 113, 118, 181 and209 (Repealed by 246)211 Street vacation; repeals Ords. 122 and 128(Special)212 Court costs (Not codified)213 Easement release (Special)214 Amends § 1(C) of Ord. 203, gambling tax(5.10)215 Tax levy (Special)216 Telephone business and occupation tax;repeals § 2 of Ord. 161 (5.15)217 Intent to join library district by vote(Special)218 1982 budget (Special)219 Garbage and refuse collection rates; repealsOrd. 207 (Repealed by 226)220 Utility payment late charges (Repealed by245)221 Noxious weeds (8.10)222 Tax levy (Special)223 Amends § 1 of Ord. 216, telephonebusiness and occupation tax (5.15)224 Appropriation (Special)225 1983 budget (Special)226 Garbage and refuse collection rates; repealsOrd. 219 (Repealed by 231)227 Dogs running at large; repeals Ords. 29 and83 (Repealed by 248)228 Amends § 9 of Ord. 201, CATV franchise(Special)229 Tax levy (Special)230 1984 budget (Special)231 Garbage and refuse collection rates; repealsOrd. 226 (Repealed by 258)232 Amends § 2, Art. XIII of Ord. 89, zoning(Repealed by 416)233 Appropriation (Special)234 Environmental policy; repeals Ord. 172(16.05)235 Bond issuance (Special)236 Bond issuance (Special)237 Tax levy (Special)238 1985 budget (Special)239 Amends Ord. 236, bond issuance (Special)240 Adds §§ 7 and 8 to, and amends §§ 1 and 2of, Ord. 117, sales and use tax (3.05)241 Public utility tax; repeals Ord. 161 (3.10)242 Leasehold excise tax (3.20)243 Tax levy (Special)244 1986 budget (Special)245 Water rates; repeals Ords. 208 and 220(Repealed by 310)246 Sewer rates; repeals Ord. 210 (13.20)247 Real estate excise tax (Repealed by 408)Tables-3

ORDINANCE TABLE248 Dogs; repeals Ord. 227 (Repealed by 263)249 State Energy Code (Not codified)250 Amends §§ 1B, 2C and 3 of Ord. 235, bondissuance (Special)251 Transfer of funds (Special)252 Street vacation (Special)253 Tax levy (Special)254 Street vacation (Special)255 1987 budget (Special)256 Amends § 2, Art. XIII of Ord. 89, zoning(Repealed by 416)257 Exterior construction materials (15.15)258 Garbage and refuse collection rates; repealsOrd. 231 (8.05)259 Amends § 6 of Ord. 245, water rates and§ 6, Art. IV of Ord. 246, sewer rates(Repealed by 406)260 Tax levy (Special)261 Prohibits hunting within city limits (9.30)262 1988 budget (Special)263 Dogs; repeals Ord. 248 (Repealed by 296,354)264 Improvement board (2.25)265 Amends §§ 3 and 9 of Ord. 173, dangerousbuildings (Repealed by 388)266 Amends §§ 3 and 5 of Ord. 174, weeds andvegetation (12.05)267 Abandoned vehicles (10.20)268 Amends § 21 of Ord. 263, dogs (Repealedby 296)269 Tax levy (Special)270 1989 budget (Special)271 Amends § 7 of Ord. 263, dogs (Repealed by296, 354)272 Lodging tax (Repealed by 372)273 Garbage rates (Repealed by 277)274 Tax levy (Special)275 1990 budget (Special)276 Transfer of funds (Special)277 Garbage rates; repeals Ord. 273 (Repealedby 282)278 Water deposit name change charge (13.05)279 Private oiling or paving of streets or alleys(12.20)280 Tax levy (Special)281 1991 budget (Special)282 Garbage and solid waste collection rates;repeals Ord. 277 (Repealed by 290)283 Budget amendment (Special)284 Landfill fund expenditure (Special)285 Fire station fund expenditure (Special)286 Energy code (Not codified)287 Ventilation and indoor air quality code (Notcodified)288 Tax levy (Special)289 1992 budget (Special)290 Garbage and solid waste collection rates;repeals Ord. 282 (Repealed by 312)291 Resource lands and critical areas (Repealedby 367)292 Landfill operator salary (Not codified)293 Tax levy (Special)294 1993 budget (Special)295 Amends § 6 of Ord. 245, water rates(Repealed by 310)296 Animal control; repeals Ords. 263, 268 and271 (Repealed by 338)297 Animal control services funds (Special)298 Landfill gate attendant salary (Notcodified)299 Tax levy (Special)300 Temporary office help salary (Special)301 1994 budget (Special)302 Hotel-motel tax fund (3.30)303 Current expense cumulative reserve fund(Repealed by 423)304 Street improvement cumulative reservefund (Repealed by 423)305 Arterial street cumulative reserve fund(3.60)306 Water and sewer capital facilities fund(3.65)307 Garbage cumulative reserve fund(Repealed by 423)308 City street cumulative reserve fund(Repealed by 423)309 Water and sewer cumulative reserve fund(3.80)310 Water rates; repeals Ords. 245 and 295(Repealed by 322)311 Amends § 9 of Art. II of Ord. 246, sewerrates (13.20)312 Garbage and solid waste collection rates;repeals Ord. 290 (Repealed by 319)313 Breach of peace (Repealed by 429)314 Model Traffic Ordinance; repeals Ord. 167(10.10)315 Exemption from state prohibited firearmpossession (Repealed by 429)316 Parental responsibility for juveniledependents (Repealed by 378)317 Tax levy (Special)318 1995 budget (Special)319 Garbage and solid waste collection rates;repeals Ord. 312 (Repealed by 324)320 Tax levy (Special)321 1996 budget (Special)322 Water rates; repeals Ord. 310 (13.05)Tables-4

ELECTRIC CITY MUNICIPAL CODE323 Amends § 9 of Art. II of Ord. 311, sewerrates (13.20)324 Garbage and solid waste collection rates;repeals Ord. 319 (8.05)325 Business licensing; repeals Ords. 14, 19,23, 30, 40, 50, 72, 96 and 109 (5.05)326 Amends §§ 3 and 4 of Art. VIII of Ord. 89,zoning (Repealed by 329)327 Trailer parking limits (Repealed by 329)328 Tax levy (Special)329 Adds § 5 to, and amends §§ 3 and 4 of, Art.VIII of Ord. 89, zoning; repeals Ords. 326and 327 (Repealed by 416)330 1997 budget (Special)331 Tax levy (Special)332 1998 budget (Special)333 Outdoor fires; repeals Ord. 131 (8.15)334 Amends Ord. 136, town attorney retaineragreement (Not codified)335 Water system cross connections (13.10)336 Tax levy (Repealed by 337)337 Tax levy; repeals Ord. 336 (Special)338 Animal control; repeals Ord. 296 (6.10)339 Amends § 2 of Art. XIII of Ord. 89, zoning(Repealed by 416)340 Fire department fund (3.85)341 Severance trust fund (3.90)342 1999 budget (Special)343 2000 tax levy (Special)344 Adopts 2000 budget (Special)345 Annexation (Special)346 Amends § 5(E)(1) of Ord. 325, businesslicenses (5.05)347 Vehicle impoundments (10.15)348 2001 tax levy (Special)349 Reenacts Ord. 343 and 344, tax levy andbudget (Special)350 Adopts 2001 budget (Special)351 Amends Ord. 348, 2001 tax levy (Special)352 2002 tax levy (Special)353 Adopts 2002 budget (Special)354 Nuisances; repeals §§ 3 and 7 of Ord. 67,and Ords. 100, 263 and 271 (Repealed by373)355 Planning commission (2.30)356 2003 tax levy (Special)357 Adopts 2003 budget (Special)358 Garbage collection and disposal (8.05)359 2004 tax levy (Special)360 Adopts 2004 budget (Special)361 Amends Ord. 358, garbage collection anddisposal (8.05)362 2005 tax levy (Special)363 (Pending)364 Adds Ch. 1.15 and § 10.20.005; amends§§ 2.10.040, 2.10.060, 2.10.070, 2.10.080,2.10.090, 2.10.100, 2.10.120, 2.10.130,2.10.140, 3.05.030, 3.20.010, 3.30.080,5.05.050, 5.05.060, 5.05.070, 5.05.110,5.20.090, 6.05.020, 6.05.030, 6.05.120,6.10.020, 6.10.090, 6.10.100, 6.10.160,6.10.310, 6.10.320, 6.10.330, 8.10.050,8.15.030, 9.10.040, 9.25.010, 9.30.030,9.35.010, 10.05.010, 10.15.010, 12.05.020,12.05.060, 12.10.010, 12.10.030,12.10.060, 12.10.080, 12.10.150,12.10.160, 12.10.170, 12.10.240,12.10.270, 12.15.030, 12.15.040,12.15.080, 12.15.090, 12.20.020,13.05.110, 13.05.120, 13.05.130,13.05.160, 13.05.170, 13.05.180,13.05.210, 13.15.160, 15.05.010,15.05.040, 18.05.090, 18.35.010,18.35.020, 18.55.010, 18.60.020,18.65.010 and 18.75.010; repeals§§ 2.05.010, 2.10.150, 5.20.060, 5.20.080,18.05.030, 18.05.040, 18.05.050,18.05.060, 18.05.070, 18.05.080,18.15.010, 18.45.030 and 18.75.020,general housekeeping ordinance (2.10,3.05, 3.20, 3.30, 5.05, 5.20, 6.05, 6.10,8.10, 8.15, 9.30, 10.05, 10.15, 10.20, 12.05,12.10, 12.15, 12.20, 13.05, 13.15)365 Washington State Association of FireChiefs equipment rate schedule andpersonnel rate schedule (Not codified)366 Adopts comprehensive plan (Special)367 Critical areas regulations; repeals Ord. 291(16.10)368 Readopts zoning code (Repealed by 416)369 Amends Ord. 361, garbage collection anddisposal (8.05)370 Amends 2005 budget (Special)371 Adopts 2006 budget (Special)372 Lodging tax; repeals Ord. 272 (3.30)373 Adds Ch. 8.26; repeals Ch. 8.24, nuisances(8.26)374 Repeals and replaces Ch. 1.15, generalpenalty (1.15)375 Adds Ch. 8.08, noise control (8.08)376 Amends 2006 budget (Special)377 Non-charter code city classification (1.30)378 Repeals Ch. 9.15, parental responsibilityfor juvenile dependents (Repealer)379 Repeals Ch. 9.05, adoption of state criminalstatutes (Repealer)380 Amends Ch. 2.20, city council (2.20)381 Adds Ch. 1.20, gifts (1.20)Tables-5

ORDINANCE TABLE382 Number not used383 Adds Ch. 17.67, lot boundary adjustments(Repealed by 455)384 Adopts 2007 budget (Special)385 Amends Ord. 369, garbage collection anddisposal (8.05)386 Amends §§ 18.75.010 and 18.75.030,zoning violations (Repealed by 416)387 Amends § 2.20.020, council meetings(2.20)388 Adds Ch. 15.20, building codes; repealsChs. 15.05 and 15.10 (15.20)389 Amends §§ 8.26.050 and 8.26.070,nuisances (8.26)390 Adds Ch. 2.35, hearing examiner (Repealedby 433)391 Adds Ch. 1.25, administrative enforcement(1.25)392 Repeals Ch. 8.20, nuisances (Repealer)393 Adds Title 17, subdivisions (17.05, 17.09,17.11, 17.17, 17.26, 17.36, 17.40, 17.44,17.48, 17.52)394 Adds Title 19, administration (Repealed by436)395 Adds Ch. 13.35, utility service terminations(13.35)396 Amends Ord. 385, garbage collection anddisposal (Repealed by 410)397 Adds Ch. 12.25, highway accessmanagement (12.25)398 Adopts 2008 budget (Special)399 Amends §§ 17.09.180, 17.11.030,17.11.110, 17.17.020, 17.17.030,17.17.130, 17.17.140, 17.26.020 and17.33.110, subdivisions (17.09, 17.11,17.17, 17.26)400 Amends §§ 17.11.050, 17.17.050,17.26.020 and 17.40.010, subdivisions(17.11, 17.17, 17.26, 17.40)401 Adds § 17.29.060, design standards(Repealed by 411)402 Adds Ch. 2.15, department head selectionand removal; repeals existing Ch. 2.15,civil defense (2.15)403 Adds Ch. 2.35 [2.40], public works director(2.40)404 Adds Ch. 19.15, comprehensive plan anddevelopment regulation amendments(Repealed by 436)405 Adds § 17.50.060, assignment of waterrights (17.05)406 Adds § 13.20.500; repeals § 13.20.390,sewer fees (13.20)407 Amends § 3.30.080, hotel-motel tax andfund (3.30)408 Repeals and replaces Ch. 3.25, real estateexcise tax (3.25)409 Amends § 1.15.010, general penalty (1.15)410 Amends § 8.05.210; repeals Ord. 396,garbage collection and disposal (Repealedby 421)411 Repeals and replaces Chs. 17.29 and 17.33,subdivisions (17.29, 17.33)412 Adopts 2009 budget (Special)413 Amends 2008 budget (Special)414 Amends §§ 17.11.030, 17.11.110,17.17.030, 17.17.130 and 17.26.020,subdivisions (17.11, 17.17, 17.26)415 Amends 2009 budget (Special)416 Repeals and replaces Title 18, zoning(18.05, 18.10, 18.20, 18.25, 18.27, 18.28,18.30, 18.35, 18.37, 18.40, 18.45, 18.47,18.55, 18.63, 18.80)417 Amends § 13.10.040, cross connectionsand backflow prevention program (13.10)418 Amends 2009 budget (Special)419 Amends §§ 15.20.030 and 15.20.050,building codes (15.20)420 Adjusts corporate boundaries (Special)421 Amends § 8.05.210; repeals Ord. 410,garbage collection and disposal (Repealedby 431)422 Adds Ch. 2.45, city officers (2.45)423 Repeals Ords. 303, 304, 307 and 308, funds(Repealer)424 Adds Ch. 3.95, claims paid approval (3.95)425 Annexation (Special)426 Adopts 2010 budget (Special)427 Adds Ch. 18.49, site plan review (18.49)428 Adds Ch. 10.25, parking (10.25)429 Repeals Chs. 9.10, 9.20, 9.25 and 9.35(Repealer)430 Amends Ord. 425, annexation (Special)431 Amends § 8.05.210; repeals Ord. 421,garbage collection and disposal (Repealedby 447)432 Amends 2010 budget (Special)433 Repeals and replaces Ch. 2.35, hearingexaminer (2.35)434 Adds Ch. 19.20, concurrency management(19.20)435 Adds Ch. 19.15, comprehensive plan anddevelopment regulations amendments(19.15)436 Repeals and replaces Title 19,administration (19.01, 19.03, 19.05, 19.07,19.09, 19.11, 19.13)Tables-6

ELECTRIC CITY MUNICIPAL CODE437 Annexation (Special)438 Adopts 2011 budget (Special)439 Repeals and replaces Ch. 18.70,recreational vehicle parks (18.70)440 Adds Ch. 18.61, factory-built homes(18.61)441 Amends 2011 budget (Special)442 Amends § 18.40.020, accessory uses,buildings or structures (18.40)443 Amends § 18.45.020, general developmentstandards (18.45)444 Repeals and replaces Ch. 18.75,manufactured home parks (18.75)445 Adds Ch. 10.12, speed regulations (10.12)446 Moratorium on medical marijuanacollective gardens (Special)447 Amends § 8.05.210; repeals Ord. 431,garbage collection and disposal (8.05)448 Repeals and replaces Ch. 18.18, S-1 zonesuburban residential district (18.18)449 Adopts 2012 budget (Special)450 Salaries and wages for 2012 (Special)451 Amends Ch. 18.18, S-1 zone suburbanresidential district (18.18)452 Adds Ch. 3.71, transfer station fund (3.71)453 Adds Ch. 3.72, transfer station post-closurereserve fund (3.72)454 Amends 2012 budget (Special)455 Repeals Ch. 17.67, lot boundaryadjustments (Repealer)456 Adds § 1.05.010; changes references incode from “town” to “city” (1.05, 2.05,2.10, 2.20, 2.25, 2.30, 3.05, 3.10, 3.15,3.20, 3.30, 3.35, 3.50, 3.60, 3.65, 3.80,3.85, 3.90, 5.05, 5.10, 5.15, 5.20, 6.05,6.10, 8.05, 8.10, 8.26, 9.30, 10.05, 10.10,10.15, 10.20, 12.05, 12.10, 12.15, 12.20,13.05, 13.10, 13.15, 13.20, 13.25, 15.20,16.05, 16.10)457 Extends moratorium on medical marijuanacollective gardens (Special)458 Adds Ch. 2.50, indemnification (2.50)459 Amends Ch. 8.08, noise control (8.08)460 Amends §§ 15.20.030 and 15.20.100,building codes (15.20)461 Amends 2012 budget (Special)462 Amends Ch. 19.03, administration (19.03)463 Amends §§ 17.09.180, 17.11.090,17.11.160, 17.17.110, 17.17.120,17.17.140 and 17.17.180, subdivisions(17.09, 17.11, 17.17)464 Amends §§ 18.40.050, 18.40.060,18.45.040, 18.47.070, 18.47.080,18.47.090, 18.55.010, 18.55.020,18.55.030, 18.55.040, 18.55.050,18.55.060, 18.55.070 and 18.80.090,zoning (18.40, 18.45, 18.47, 18.55, 18.80)465 Amends §§ 2.35.100, 2.35.110 and2.35.130, hearing examiner (2.35)466 Repeals and replaces Ch. 18.60, signs(18.60)Tables-7

INDEX PREFACEThe index to the code is primarily for assisting the code user to find provisions not readilyaccessible through the table of contents. An index entry has been created for each section of thecode. Additional entries have been made for the following topics:Bond.License.Permit.When a bond is required for a particular enterprise, a separate entry in theindex has been created under Bonds.Any section requiring a license is also indexed under Licenses.Any section requiring a permit is also indexed under Permits.CROSS-REFERENCESCross-references have been included to assist the user in finding code provisions indexed underanother heading. If the index does not appear to list a topic, the code may not regulate the provision.The following kinds of cross-references appear in the index:EntryPurpose/DescriptionWeeds See Nuisances Specific nuisances are indexed underNuisances.See also ZoningAirport See ZoningAnimal control officer See under AnimalSee also definitions under Character generators.Cafe See CabaretAdditional entries on the subject may appear inZoning.The entry for Airport appears as a subheadingunder Zoning.The entry appears as a subheading under a differentheading.There are additional, and related, entries under aseparate subheading under the same mainheading.No entry for Cafe, but refers user to a relatedsubject.An electronic version of the code may be available. For information, contact the publisher.Code Publishing CompanySeattle, WA 98115206-527-6831

ELECTRIC CITY MUNICIPAL CODEBusiness licenses– A –Abandoned vehicles See under VehiclesAccessory dwelling units See ZoningAdministrative enforcement See EnforcementAdult family homes See ZoningAgriculture See ZoningAirports See ZoningAmusement devicesDefined 5.20.020Licenseapplication, fee, posting 5.20.030period, fee 5.20.050required 5.20.010transferability 5.20.040List of locations 5.20.070Purpose 5.20.100Violation, penalty 5.20.090Amusement games See Gambling taxAnimal clinics, hospitals See ZoningAnimal shelters See ZoningAnimalsSee also Dogs; HuntingCare 6.05.100Cruelty 6.05.010Dangerous animalsat large 6.05.020killing 6.05.050Diseased 6.05.060Effective date of provisions 6.05.090Fencing 6.05.080Livestock at large 6.05.040Prohibited in certain areas 6.05.110Violation, penalty 6.05.120Antique stores See ZoningArt galleries See ZoningArterial street cumulative reserve fundCreated 3.60.010Expenditures 3.60.040Revenueaccumulation, interest 3.60.030budgeted annually 3.60.020Arts and crafts supply stores See ZoningAsphalt materials See ZoningAssisted living facilities See ZoningAuto parts stores See ZoningAuto repair shops See ZoningAuto towing See ZoningAuto wrecking yards See Zoning– B –Backflow prevention assemblies See under CrossconnectionsBakeries See ZoningBarber shops See ZoningBeauty shops See ZoningBed and breakfast inns See ZoningBingo, raffles See Gambling taxBoarding houses See ZoningBoat sales See ZoningBondClerk-treasurer 2.05.020Excavations 12.15.030Sewers 13.15.030Streets, sidewalks 12.10.030Book stores See ZoningBowling alleys See ZoningBuilding codeAdministrationbuilding official authority, duties 15.20.060contracting authority 15.20.020Adopted 15.20.030Amendments 15.20.040Business license revocation 15.20.150Certificate of occupancy 15.20.040Compliance with provisions required 15.20.080Enforcementbuilding official authority, duties 15.20.060,15.20.070contracting authority 15.20.020Feesestablished 15.20.130investigation 15.20.140refunds 15.20.120Notice to cease violation 15.20.110Platting insufficient when 15.20.100Short title 15.20.010Unplatted areas 15.20.090Work without permit 15.20.140BuildingsSee also ZoningNonglare materials required 15.15.010Burning See Outdoor burningBus terminals See ZoningBusiness licensesSee also LicensesAppeal, grievance procedure 5.05.090Application, issuance, renewal 5.05.040Definitionsbusiness 5.05.010exempt business 5.05.010itinerant merchants 5.05.010multiresidential 5.05.010person 5.05.010reciprocal business 5.05.010temporary bazaar or community affair masterlicense 5.05.010Index-1

City classificationtemporary business 5.05.010transportation passenger service 5.05.010Denial 5.05.070Enforcement 5.05.080Exempt business requirements 5.05.050Investigation 5.05.060Itinerant business requirements 5.05.050Purpose 5.05.020Reciprocal business requirements 5.05.050Required, fees 5.05.030Suspension, revocation 5.05.110Temporary bazaar or community affair masterlicense requirements 5.05.050Temporary business requirements 5.05.050Transferability 5.05.040Transportation passenger services requirements5.05.050Violation, penalty 5.05.100– C –Campgrounds See ZoningCar washes See ZoningCement/concrete plants See ZoningCemeteries See ZoningChurches See ZoningCity classificationChange designated 1.30.010City councilCity organization 2.20.010Meetingsorder of business, agenda 2.20.030special 2.20.080time, place 2.20.020Ordinanceseffective date 2.20.060enactment procedure 2.20.050introduction 2.20.040numbering 2.20.070Resolutions 2.20.070Rules, guide 2.20.090City officers, employeesSee also Specific Officer, EmployeeDepartment headsappointment 2.15.030enumerated 2.15.020purpose 2.15.010removal 2.15.040Indemnification 2.50.010ClaimsApprovalauthority 3.95.010internal control/policy 3.95.040issuance of checks, warrants 3.95.020procedure 3.95.030Fundestablished 3.50.010payments, warrants 3.50.020Clerk-treasurerCompensation 2.05.030Oath, bond 2.05.020Offices combined 2.05.040Clothing stores See ZoningClubs See ZoningCodeReferences to town changed to city 1.05.010Colleges, junior See ZoningCommercial uses See ZoningCommunity centers See ZoningComprehensive plan See ZoningConfectioneries See ZoningConvenience stores See ZoningCottage industries See ZoningCritical areasApplicability 16.10.020Aquifer recharge areasclassification 16.10.130designation 16.10.140performance standards 16.10.150Enforcement 16.10.120Exemptions 16.10.030Fish and wildlife habitat conservation areasclassification 16.10.160designation 16.10.170standards 16.10.180Frequently flooded areasclassification 16.10.220designation 16.10.230standards 16.10.240Geologically hazardous areasclassification 16.10.250designation 16.10.260standards 16.10.270Mitigation requirements 16.10.080Permit conditions 16.10.110Purpose 16.10.010Reasonable use alternatives 16.10.040Reference maps, materials 16.10.050Report 16.10.070Reviewagency 16.10.090process 16.10.060Surety/bonding 16.10.100Wetlandsclassification 16.10.190designation 16.10.200performance standards 16.10.210Crop, tree farming See ZoningIndex-2

ELECTRIC CITY MUNICIPAL CODEDogsCross connectionsSee also Sewers; WaterBackflow prevention 13.10.030Certified backflow assembly tester 13.10.050Conformance with state codes 13.10.070Definitionsair gap 13.10.010approval/approved 13.10.010auxiliary water supply 13.10.010backflow 13.10.010backflow prevention assembly 13.10.010backflow prevention device 13.10.010certified backflow assembly tester 13.10.010certified cross connection controlspecialist/inspector 13.10.010contamination 13.10.010cross connection 13.10.010double check detector assembly (DCDA)13.10.010double check valve assembly (DCVA) 13.10.010high hazard 13.10.010low hazard 13.10.010nonpotable fluid 13.10.010pollution 13.10.010potable water 13.10.010pressure vacuum breaker assembly (PVBA)13.10.010process water 13.10.010reduced pressure backflow assembly (RPBA)13.10.010reduced pressure detector assembly (RPDA)13.10.010Property owner/renter responsibility 13.10.040Purpose 13.10.020Violation, notice 13.10.060– D –Dairy products manufacturing See ZoningDangerous buildings codeSee also Building codeAdopted 15.20.030Amendments 15.20.050Day care See ZoningDental offices, clinics See ZoningDepartment heads See City offices, employeesDepartment stores See ZoningDogsSee also Animals; HuntingCausing immediate danger 6.10.140Damage liability 6.10.170Definitionsanimal control authority 6.10.010animal control officer 6.10.010dangerous dog 6.10.010dog 6.10.010domestic animal 6.10.010leash 6.10.010owner 6.10.010pack of dogs 6.10.010potentially dangerous dog 6.10.010proper enclosure 6.10.010quarantine 6.10.010running at large 6.10.010severe injury 6.10.010stray dog 6.10.010tampering with traps 6.10.010vaccination record 6.10.010Enforcement 6.10.320Fees, penalties established 6.10.350Hearings 6.10.330Immunity 6.10.360Impoundmentauthority 6.10.030disposal, infraction notice 6.10.100notice, redemption 6.10.110running at large 6.10.100Licenseexpiration 6.10.050fee 6.10.070required, applicability 6.10.040, 6.10.080tags 6.10.060Nuisance declaration 6.10.090Number limitation 6.10.120Packs 6.10.130Potentially dangerous, dangerous dogscertificate required 6.10.190certificate, renewal fee 6.10.270declarationfinding 6.10.200hearing 6.10.220objection to 6.10.210evidence of destruction, history disclosure6.10.340impoundment 6.10.280location notification 6.10.240registration 6.10.260restraint 6.10.250restrictions pending hearing 6.10.230subsequent offenses 6.10.290supplementary provisions 6.10.300Rabies control 6.10.160Responsibility of owner 6.10.180Running at large 6.10.020Tampering with traps 6.10.150Violation, penalty 6.10.310Drinking establishments See ZoningDrive-ins See ZoningIndex-3

EnforcementDrug manufacturing See ZoningDuplexes See Zoning– E –Eating establishments See ZoningElectric components manufacturing See ZoningEnforcementSee also Violation, penaltyDuties of officials 1.25.020Purpose 1.25.010Right of entry 1.25.030Violationsappeals 1.25.050generally 1.25.040penalties 1.25.050review, notice 1.25.050Exercise facilities See ZoningEnvironmental regulations See Critical areas; StateEnvironmental Policy ActExcavationsSee also Streets, sidewalksBond 12.15.030Deposit 12.15.040Inspection 12.15.080Manner, procedure 12.15.050Permitapplication 12.15.020required 12.15.010Sidewalk use 12.15.060Surface restoration 12.15.070Violation, penalty 12.15.090– F –Farm machinery sales See ZoningFarmers markets See ZoningFeedlots See ZoningFeesAmusement devices 5.20.050Business licenses 5.05.030Dogs 6.10.270Fire department 2.10.190SEPA 16.05.180Vehicle impoundment 10.15.050Fences See ZoningFertilizer sales, storage See ZoningFinancial institutions See ZoningFire codeSee also Building codeAmendments 15.20.040Fire departmentAssistant chief 2.10.100Command at scenes 2.10.090Driving vehicles over fire hoses 2.10.130Established 2.10.010Fire chiefappointment 2.10.050chief executive officer 2.10.070duties 2.10.080removal 2.10.060Fire fighter’s relief and compensation benefitsadopted 2.10.160board of trusteescreated 2.10.220disbursement of benefits 2.10.240guardian appointment 2.10.300hearing on application for benefits 2.10.280meeting dates 2.10.250officers, duties 2.10.230physician employment, duties 2.10.270quorum 2.10.290witnesses, oaths 2.10.260determination of payments, benefits 2.10.310enrollment 2.10.170feespayment 2.10.190required 2.10.180hospitalization/funeral expenses 2.10.320modification 2.10.200number of fire fighters allowed 2.10.210Fire station, building obstruction 2.10.140Fire vicinity command procedures 2.10.110Membership 2.10.030Property removal 2.10.120Rules, regulations 2.10.030, 2.10.040Title, organization 2.10.020Fire department cumulative reserve fundCreated 3.35.010Fire department fundCreated 3.85.010Expenditures 3.85.040Revenueaccumulation, interest 3.85.030source 3.85.020Fire stations See ZoningFlooding See Critical areasFood canning, packaging See ZoningFowl See Animals; HuntingFraternal organizations See ZoningFuel, oil distributors See ZoningFund See Specific FundFuneral homes See ZoningFurniture stores See ZoningIndex-4

ELECTRIC CITY MUNICIPAL CODEHearing examiner– G –Gambling taxAdditional 5.10.110Administration, collection 5.10.040Constitute debt 5.10.120Definitions 5.10.010Failure to make return 5.10.100Imposed, amounts 5.10.020Notice of intention to engage in activity subject totax 5.10.070Paymentcomputation, due when 5.10.030failure to make timely 5.10.060method 5.10.050over, under 5.10.090Records 5.10.080Right of recovery 5.10.130Use of revenue 5.10.200Violation, penaltyaiding, causing, conspiring 5.10.150defrauding, cheating 5.10.170designated 5.10.140fraud, deceit 5.10.160transmitting, receiving gambling information5.10.190working without license 5.10.180Garbage collection, disposalApplicability 8.05.020Authority, administrative responsibility 8.05.040Billing, delinquent bills 8.05.200Chargescollection, disposal 8.05.180disposal, applicable taxes 8.05.190Dead animal removal 8.05.100Definitionsashes 8.05.030burnable material 8.05.030can 8.05.030cart 8.05.030collector of refuse 8.05.030combustible rubbish 8.05.030commercial refuse 8.05.030compost 8.05.030container 8.05.030contractor 8.05.030garbage and refuse 8.05.030hazardous wastes 8.05.030health officer 8.05.030occasional extra refuse 8.05.030open burning 8.05.030person 8.05.030pollution 8.05.030premises 8.05.030putrescible 8.05.030receptacle 8.05.030residence 8.05.030rubbish 8.05.030scavenging 8.05.030special pickup 8.05.030swill 8.05.030unsanitary condition 8.05.030vacant 8.05.030waste 8.05.030yard waste 8.05.030Exceptions 8.05.250Extra garbage, volume determination 8.05.120Franchise required 8.05.060Frequency 8.05.150Hazardous waste 8.05.170Low-income rate eligibility 8.05.220Mandatory collection 8.05.090Prohibited use 8.05.070Property owner responsibilities 8.05.050Purpose 8.05.010Rate schedule 8.05.210Receptacles required 8.05.090Rules, regulations 8.05.040Scavenging 8.05.080Servicecommercial garbage 8.05.130curbside, special 8.05.110temporary discontinuance 8.05.160Solid waste department, fund 8.05.240Unlawful disposal 8.05.140Violation, penalty 8.05.260Waiver of fees for new buildings under construction8.05.230Garden stores See ZoningGeneral penalty See Violation, penaltyGifts, donationsAcceptance 1.20.010Glass, pottery manufacturing See ZoningGolf courses See ZoningGreenhouses See ZoningGrocery stores See ZoningGyms See Zoning– H –Halfway houses See ZoningHardware stores See ZoningHazardous waste treatment, storage See ZoningHealth care facilities See ZoningHearing examinerAppealsadministrative enforcementnotice, hearing 2.35.140Index-5

Highway access managementprocedure 2.35.130procedure generally 2.35.120report 2.35.150Applicationscompliance with requirements 2.35.110procedure generally 2.35.100Appointment, term 2.35.030Compensation 2.35.050Conflict of interest 2.35.080Decisionappeal 2.35.210compliance 2.35.180notice 2.35.190reconsideration 2.35.200Freedom from improper influence 2.35.070Office created 2.35.020Powers 2.35.090Pro tempore, deputy 2.35.060Public hearing 2.35.170Purpose 2.35.010Qualifications 2.35.040Rules, regulations 2.35.160Helipads See ZoningHighway access managementPurpose 12.25.010Statutes adopted by reference 12.25.020Hog ranches See ZoningHome occupations See ZoningHospice care facilities See ZoningHotel-motel taxCollection authority 3.30.030Fundcreated 3.30.050expenditures 3.30.060RCW amendments adopted 3.30.070violation, penalty 3.30.080Levied 3.30.010Revenue use 3.30.040Transient defined 3.30.020Hotels See ZoningHousing codeSee also Building codeAdopted 15.20.030Amendments 15.20.050HuntingSee also AnimalsDefinitionsto hunt 9.30.020wild animals 9.30.020wild birds 9.30.020Prohibited 9.30.010Violation, penalty 9.30.030– I –Improvement boardAppeals, notices 2.25.070Chairman, vice chairman, rules 2.25.050Citizen’s right to recourse 2.25.040Created 2.25.010Duties 2.25.020Membership 2.25.030Quorum 2.25.060IndemnificationCity officials, employees 2.50.010Industrial development, manufacturing See ZoningInsurance agencies See ZoningInterpretive centers See ZoningJunk yards See ZoningKennels See Zoning– J –– K –– L –Landscaping See ZoningLaundries, laundromats See ZoningLeasehold excise taxAdministration, collection 3.20.030Contract with state 3.20.060Inspection of records 3.20.050Interests exempted 3.20.040Levied 3.20.010Rate, credits 3.20.020Libraries See ZoningLicensesSee also Business licensesAmusement devices 5.20.010Dogs 6.10.040, 6.10.080Manufactured homes 18.75.350Sewers 13.15.030Liquor stores See ZoningLivestock See Animals; HuntingLodging houses See ZoningLumber yards See Zoning– M –Machinery, equipment manufacturing See ZoningManufactured, mobile home parks See ZoningMarinas See ZoningMayorCompensation, benefits 2.45.010Index-6

ELECTRIC CITY MUNICIPAL CODEPermit processing proceduresMeat products manufacturing See ZoningMechanical codeSee also Building codeAmendments 15.20.050Medical offices, clinics See ZoningMeeting halls See ZoningMini-storage facilities See ZoningMining See ZoningMobile homes See ZoningMotels See ZoningMotorcycle sales, repair See ZoningMuseums See Zoning– N –NoiseEnforcement 8.08.070Exceptions 8.08.060Findings 8.08.010Maximum levels 8.08.030Policy declaration 8.08.020Prohibitions 8.08.040Provisions additional to other laws 8.08.090Public disturbance noise defined, prohibited8.08.040Severability 8.08.100Violation, penalties 8.08.080Zoned areas designated 8.08.050Noxious weedsControl, prevention 8.10.030Definitionscontrol 8.10.030owner of property 8.10.030prevent the spread of noxious weeds 8.10.030Enforcement authority 8.10.040Failure of owner to act, liability 8.10.070Listcopies on file 8.10.020designated 8.10.010Presence, notice of violation 8.10.060Right of entry, inspection, specimens 8.10.050NuisancesAbatement by city 8.26.070Correctionby owner, responsible person 8.26.060summary 8.26.080Definitionsbuilding materials 8.26.010code compliance officer 8.26.010correct 8.26.010health officer 8.26.010membrane 8.26.010premises 8.26.010public nuisance 8.26.020responsible person 8.26.010Designated 8.26.020, 8.26.030Immediate danger 8.26.080Prohibited conduct 8.26.040Violationnotice, order to correct or cease 8.26.050penalty 8.26.090Nurseries See ZoningNursing homes See Zoning– O –Office supply stores See ZoningOil, gas operations See ZoningOutdoor burningDefinitionsrubbish 8.15.010trash 8.15.010Exceptions 8.15.040Nuisance declaration 8.15.020Violation, penalty 8.15.030Overnight lodging rentals See Zoning– P –Paint stores See ZoningParkingSee also Traffic; Vehicles; ZoningIllegal, fine 10.05.010Restrictedauthority, signs 10.25.030certain vehicles kept off street 10.25.020requirements, prohibitions 10.25.010Parks See ZoningParks cumulative reserve fundCreated 3.45.010Penalty See Violation, penaltyPermitExcavations 12.15.010Sewers 13.15.040Signs 18.60.080Streets, sidewalksconstruction 12.10.020oiling, paving 12.20.010, 12.20.030Permit processing proceduresAdministrative roles, responsibilitiescity council 19.03.030generally 19.03.010hearing examiner 19.03.050mayor 19.03.020planning commission 19.03.040Appealsadministrative 19.11.030Index-7

Planning commissionadministrative interpretations, decisions19.11.010hearing examiner decisions 19.11.020judicial 19.11.040records, transcription costs 19.11.050Applicationsdetermination of completeness 19.07.050fees, charges 19.05.020formal preapplication meeting 19.07.020forms 19.05.010notice 19.07.070plan review 19.07.040processcomponents 19.07.010consolidated 19.07.030public hearing, notice 19.07.080review, approvalclassification 19.09.020closed record decision, appeal procedures19.09.080criteria 19.09.010legislative 19.09.060notice of final decision 19.09.090official case record 19.09.100public hearing procedures 19.09.070Type I, administrative 19.09.030Type II, administrative 19.09.040Type III, quasi-judicial 19.09.050vesting 19.07.060Comprehensive plan, subarea plan, developmentregulation amendmentsidentified deficiencies 19.15.040purpose 19.15.010suggesteddocketing 19.15.050procedure 19.15.030public participation 19.15.070timing, order of consideration 19.15.060type of action 19.15.020Concurrency managementadministrative reconsideration 19.20.070certificate of capacity 19.20.040concurrency test 19.20.030definitionsapplicant 19.20.020available capacity 19.20.020certificate of capacity 19.20.020concurrency test 19.20.020development permit 19.20.020development permit, final 19.20.020development permit, preliminary 19.20.020level of service standard 19.20.020planned capacity 19.20.020preliminary concurrency test 19.20.020service provider 19.20.020exemptions 19.20.050intent 19.20.010pre-existing use rights 19.20.060Conflict of provisions 19.01.020Definitionsapplication 19.01.040closed record appeal hearing 19.01.040open record hearing 19.01.040public meeting 19.01.040Enforcementcompliance required 19.13.020purpose 19.13.010responsibilities, liability 19.13.040responsible official 19.13.030revocation, suspension, modification of approval19.13.080violationscivil 19.13.070notice, order to correct or cease activity19.13.060voluntary correction agreements 19.13.050Purpose, applicability 19.01.010Rules of interpretation 19.01.030Violation, penalty See EnforcementPersonal services See ZoningPlaning mills See ZoningPlanning commissionCreated 2.30.010Powers, duties 2.30.040Quorum 2.30.050Records, report 2.30.060Terms 2.30.020Vacancies 2.30.030Playgrounds See ZoningPlumbing codeSee also Building codeAdopted 15.20.030Amendments 15.20.040Police stations See ZoningPoultry See Animals; HuntingPrefabricated wood products manufacturing SeeZoningPreschools See ZoningProfessional services See ZoningPublic utility taxImposedelectricity tax 3.10.010garbage and disposal services tax 3.10.020sewer and water facilities tax 3.10.030Paid intocurrent expense fund 3.10.050city treasury 3.10.040Index-8

ELECTRIC CITY MUNICIPAL CODESewersPublic works directorAppointment, responsibilities 2.40.020Position created 2.40.010Powers, duties 2.40.030Qualifications 2.40.040Salary, benefits 2.40.050Publishing See Zoning– R –Real estate excise taxAdditional 3.25.100Consistency with state tax 3.25.030Distribution, use of proceeds 3.25.040Imposed 3.25.010Lien 3.25.060Paymentdate 3.25.080excessive, improper 3.25.090notation 3.25.070Seller’s obligation 3.25.050Severability 3.25.110Taxable events 3.25.020Real estate offices See ZoningRecreational vehicle parks See ZoningRecycling centers See ZoningResidential care facilities See ZoningResidential codeSee also Building codeAdopted 15.20.030Amendments 15.20.040Resorts See ZoningRetail sales, services See ZoningRetirement homes See ZoningRoadside retail sales stands See ZoningRock crushing See ZoningRubber products manufacturing See ZoningRubbish See Garbage collection, disposal; Outdoorburning– S –Sales and use taxAdditional tax imposed, rate 3.05.060Administration, collection 3.05.030Contract with state 3.05.050Imposed 3.05.010Inspection of records 3.05.040Rate 3.05.020Seller’s obligation to collect 3.05.070Sawmills See ZoningSchools See ZoningService stations See ZoningSeverance trust fundCreated 3.90.010Expenditures 3.90.040Revenueaccumulation, interest 3.90.030budgeted annually 3.90.020SewersSee also Cross connections; WaterConnection to main sewer 13.15.090Dischargesto public sewer 13.15.100wastes designated 13.15.110Grade conformance 13.15.080Grease, oil, sand interceptors 13.15.120Inspectorcontrol, duties 13.15.020designated 13.15.010Joint materials 13.15.070License, bond 13.15.030Maintenance 13.15.140Permitapplication 13.15.050required 13.15.040Pipe specifications 13.15.060Prohibitions 13.15.130Rates, chargesbillingdate 13.20.360monthly basis 13.20.350collection, computation 13.20.440constant cost factor 13.20.280debt to city, delinquency 13.20.380definitionsBOD 13.20.010collection system 13.20.020commercial user 13.20.030domestic waste 13.20.040equivalent residential unit 13.20.050ERU 13.20.050industrial user 13.20.060industrial waste 13.20.070may 13.20.150operation and maintenance 13.20.080person 13.20.090public treatment works 13.20.100replacement 13.20.110service area 13.20.120sewage 13.20.130sewage treatment plant 13.20.140shall 13.20.150suspended solids (SS) 13.20.160treatment works 13.20.170user 13.20.180user charge 13.20.190Index-9

Sign codedue when 13.20.370effect of change of ownership 13.20.420ERU charge established 13.20.230ERU schedule 13.20.270fees 13.20.500mailing of bills 13.20.430monitoring 13.20.300new users, vacancies 13.20.310paymentfailure, service turn off 13.20.400responsibility 13.20.340purpose, distribution 13.20.200review, revision 13.20.330service restoration 13.20.410special user 13.20.290use of revenues 13.20.450, 13.20.460user classappeal 13.20.240assignment review, appeal 13.20.470ERU number assignment 13.20.220established 13.20.210multiple classifications 13.20.320reassignment 13.20.250records 13.20.260Tampering with manholes, sewers 13.15.150Use of public sewers required 13.15.130Violation, penalty 13.15.160Sexually oriented businesses See ZoningSheetmetal manufacturing See ZoningShoe repair See ZoningSidewalks See Streets, sidewalksSign codeSee also Building codeAdopted 15.20.030Signs, advertising displays See ZoningSolid waste See Garbage collection, disposalSolid waste transfer stations See ZoningSpeed limits See under TrafficStables See ZoningStandards for mobile homes, commercial coachesand recreational vehiclesSee also Building codeAdopted 15.20.030State Environmental Policy ActAgency compliance, statutes adopted by reference16.05.170Authority 16.05.010Categorical exemptionsflexible thresholds 16.05.070statutes adopted by reference 16.05.160Commenting, statutes adopted by reference16.05.090Definitionsdepartment 16.05.030early notice 16.05.030ordinance 16.05.030SEPA rules 16.05.030statutes adopted by reference 16.05.150Designation of official to perform consulted agencyresponsibilities 16.05.110Environmental impact statementdetermination of necessity, statutes adopted byreference 16.05.060statutes adopted by reference 16.05.080Existing environmental documents, statutes adoptedby reference 16.05.120Fees 16.05.180Forms, statutes adopted by reference 16.05.190General requirements, statutes adopted by reference16.05.020Public notice 16.05.100Responsible official designated 16.05.040SEPA, agency decisions, statutes adopted byreference 16.05.130Substantive authority 16.05.140Transfer of lead agency status 16.05.050Storage See ZoningStreets, sidewalksConstruction, repair, maintenancebarricadesdisturbing 12.10.090required 12.10.080bond 12.10.030burning 12.10.260deposit of harmful materials 12.10.240,12.10.250display of goods, advertising 12.10.100drains 12.10.120encroachments 12.10.110games 12.10.150gasoline pumps 12.10.140injury to new pavements 12.10.050obstructions 12.10.070openings, stairways 12.10.160pavement specifications 12.10.040permit required 12.10.020plantings 12.10.170poles, wires 12.10.130repairs 12.10.060supervision 12.10.010trees, shrubsattaching signs, advertisements 12.10.200attaching wires 12.10.220excavations 12.10.230injury 12.10.190overhanging, dangerous 12.10.210removal 12.10.180violation, penalty 12.10.270Index-10

ELECTRIC CITY MUNICIPAL CODESubdivisionsOiling, pavingnecessary work 12.20.040permitapplication, grant, refusal 12.20.020required 12.20.010, 12.20.030violation, penalty 12.20.050Sidewalk obstructionabatementby city 12.05.030costs 12.05.050failure, penalty 12.05.020authority of provisions 12.05.060notice of order to owner 12.05.040nuisance declaration 12.05.010SubdivisionsSee also ZoningAdministrative authority 17.05.040Binding site plansappeals 17.26.080building permit, certificate of segregation17.26.060conditions, requirements 17.26.020final filingfees 17.26.040procedure 17.26.050preliminary nonbinding advisory review17.26.025purpose 17.26.010referral to other departments, agencies, offices17.26.030vested rights 17.26.070Comprehensive plan adopted 17.48.010Definitionsbinding site improvement plan 17.09.020block 17.09.030city engineer 17.09.040comprehensive plan 17.09.050construction plans 17.09.060county auditor 17.09.070county treasurer 17.09.080dedication 17.09.090division of land 17.09.100easement 17.09.110final plat 17.09.120generally 17.09.010improvements 17.09.130land surveyor 17.09.140lease 17.09.150lot 17.09.160maintenance bond 17.09.170major subdivision 17.09.180performance bond 17.09.190planning commission 17.09.200plat 17.09.210plat administrator 17.09.220preliminary plat 17.09.230principal building 17.09.240public works director 17.09.245right-of-way 17.09.250segregation 17.09.260short plat 17.09.270short subdivision 17.09.280subdivider 17.09.290subdivision bond 17.09.300tract 17.09.310Design standardsblocks, lots 17.29.040generally 17.29.020pedestrian paths 17.29.050street classifications 17.29.010streets, arterials 17.29.030Failure to act by planning commission 17.05.050Improvementscity participation in cost 17.33.020construction plans 17.33.090installation procedures 17.33.010maintenance bond 17.33.100sidewalks 17.33.060storm drainage 17.33.050street lighting 17.33.080streets 17.33.030trails, paths 17.33.070water mains 17.33.040Jurisdiction 17.05.030Lot boundary adjustmentsappeals 17.52.070application, fees 17.52.030approvalcriteria 17.52.060time frame 17.52.040notice 17.52.050processing requirements 17.52.020purpose 17.52.010recording 17.52.080Majorappeals 17.17.180final platsapplication, requirements 17.17.130fees 17.17.150filing 17.17.160review procedure 17.17.140improvements 17.17.120preliminary platsappeals 17.17.110conditions, requirements 17.17.030expiration 17.17.100referral to other departments, agencies,offices 17.17.040Index-11

Telephone business and occupation taxpublic hearingcity council action 17.17.090notice 17.17.070planning commission action 17.17.080setting, conducting 17.17.060purpose 17.17.010scope 17.17.020vested rights 17.17.170waivers, deviations, deferrals 17.17.050Purpose 17.05.020Shortappeals 17.11.160dedications 17.11.060final platsapplication, requirements 17.11.110fees 17.11.130filing 17.11.140review procedure 17.11.120improvements 17.11.100preliminary application review 17.11.070preliminary platsappeals 17.11.090conditions, requirements 17.11.030expiration 17.11.080referral to other departments, agencies,offices 17.11.040purpose 17.11.010scope 17.11.020vested rights 17.11.150waivers, deviations, deferrals 17.11.050Short title 17.05.010Utility installationsreimbursementgeneral procedure 17.36.020subdivider’s requirements 17.36.030required 17.36.010Violation, penalty 17.44.010Waivers, deviations, deferrals 17.40.010Water rights assignment 17.05.060Swimming pools See Zoning– T –Tax See Specific TaxTelephone business and occupation taxCity boundary changes 5.15.070Credits 5.15.060Deductions 5.15.030Definitionscompetitive telephone service 5.15.010gross operating revenues 5.15.010telephone business 5.15.010Levied 5.15.010Paymentdue when 5.15.020failure to make 5.15.050Recordkeeping 5.15.040Telephone switching offices See ZoningTemporary real estate sales offices See ZoningTennis courts See ZoningTheaters See ZoningTourist accommodations See ZoningTrafficSee also Parking; VehiclesModel traffic ordinance adopted 10.10.010Speed limitsdecrease, increase 10.12.020state laws applicable 10.12.010Trailer sales See ZoningTransfer station fundCreated 3.71.010Expenditures 3.71.030Source of moneys 3.71.020Transfer station post-closure reserve fundCreated 3.72.010Expenditures 3.72.030Source of moneys 3.72.020Trash See Garbage collection, disposal; OutdoorburningTruck terminals See Zoning– U –Upholstery stores See ZoningUtilityBuildings See ZoningFranchisesapplication 13.25.040approval, issuance 13.25.020required 13.25.010requirements 13.25.030Service charges, delinquency, liens imposed3.15.010Service terminationauthority, procedure 13.35.010hearing 13.35.020new application 13.35.030– V –Vegetation See Noxious weeds; Sidewalk obstructionunder Streets, sidewalksVehiclesSee also Parking; TrafficAbandoneddetermination of responsibility 10.20.040exceptions 10.20.030Index-12

ELECTRIC CITY MUNICIPAL CODEZoninghearing, notice 10.20.020hulk or abandoned automobile defined 10.20.005lien 10.20.060nuisance declaration 10.20.010removal, disposal 10.20.050violation, penalty 10.20.070Impoundmentadministrative fee 10.15.050legislative findings adopted 10.15.010post-impoundment hearing 10.15.040redemption 10.15.030rules, regulations 10.15.060violations for arrest designated 10.15.020Violation, penaltySee also EnforcementCivildesignated 1.15.030generally 1.15.020Designated 1.15.010Specific, additional assessment 1.15.040Vocational schools See Zoning– W –Warehouses See ZoningWaterSee also Cross connections; SewersCut off 13.05.160Division established 13.05.010Excessive use, penalty 13.05.170Meterscontrolled by city 13.05.050installationcost 13.05.060request 13.05.040reading 13.05.190removal 13.05.080required for service 13.05.030size, design, testing, accessibility 13.05.070Pipebreaking, damaging, altering 13.05.180extensions 13.05.120illegal connections, use 13.05.180materials, inspection 13.05.110Rates, chargescharged against applicant, property 13.05.140delinquent 13.05.150established, payment 13.05.190responsibility of property owner 13.05.200utility account name change 13.05.210Right of entry 13.05.090Separate connections required 13.05.100Superintendent authority 13.05.020Unlawful acts 13.05.180Unlawful furnishing of 13.05.130Water and sewer capital facilities fundCreated 3.65.010Expenditures 3.65.040Revenueaccumulation, interest 3.65.030budgeted annually 3.65.020Water and sewer cumulative reserve fundCreated 3.80.010Expenditures 3.80.040Revenueaccumulation, interest 3.80.030budgeted annually 3.80.020Weapons See FirearmsWeeds See Noxious weedsWelding See ZoningWetlands See Critical areasWholesale trade See ZoningWrecking, salvage yards See Zoning– Z –ZoningSee also SubdivisionsAccessory buildings, structuresgeneral regulations 18.40.020permitted where 18.40.070S-1 zone 18.18.020Accessory dwelling unitsgeneral regulations 18.40.020permitted where 18.40.070Accessory usesgeneral regulations 18.40.020off-street parking 18.45.030Administrationduties of officials 18.80.020purpose 18.80.010Adult family homespermitted where 18.40.070Agricultural equipment storage, sales, rentaloff-street parking 18.45.030Agriculturepermitted where 18.40.070Airfieldspermitted where 18.40.070Airportspermitted where 18.40.070Amusement facilities, outdoor commercialpermitted where 18.40.070Animal clinics, hospitalspermitted where 18.40.070Animal facilitiesoff-street parking 18.45.030Index-13

ZoningAnimal sheltersoff-street parking 18.45.030permitted where 18.40.070Antique storespermitted where 18.40.070Apparel, accessories manufacturingpermitted where 18.40.070Appliancessmall, repairpermitted where 18.40.070storespermitted where 18.40.070Art galleriespermitted where 18.40.070Arts and crafts supply storespermitted where 18.40.070Asphalt materialspermitted where 18.40.070Assemblypermitted where 18.40.070Assisted living facilitiespermitted where 18.40.070Auto body/paint shopspermitted where 18.40.070Auto parts storespermitted where 18.40.070Auto repair shopspermitted where 18.40.070Auto salespermitted where 18.40.070Auto towingpermitted where 18.40.070Auto wrecking yardspermitted where 18.40.070Automotive service, repairoff-street parking 18.45.030Bakeriespermitted where 18.40.070Barber shopspermitted where 18.40.070Beauty shopspermitted where 18.40.070Bed and breakfast innsoff-street parking 18.45.030permitted where 18.40.070Bed and breakfast residencesoff-street parking 18.45.030permitted where 18.40.070Beverage industriespermitted where 18.40.070Boarding housespermitted where 18.40.070Boat launchespermitted where 18.40.070Boat salespermitted where 18.40.070Book storespermitted where 18.40.070Bowling alleyspermitted where 18.40.070Building moving 18.45.010Building permitsadministration 18.80.040compliance with development standards18.45.050Bulk fuel storage, facilities, salespermitted where 18.40.070Bus terminalspermitted where 18.40.070C-1 zonedevelopment standards 18.30.030, 18.45.020established 18.10.010intent 18.30.010permitted uses 18.30.020C-2 zonedevelopment standards 18.35.030, 18.45.020established 18.10.010intent 18.35.010permitted uses 18.35.020Campgroundspermitted where 18.40.070Car washespermitted where 18.40.070Cement/concrete plantspermitted where 18.40.070Cemeteriesoff-street parking 18.45.030permitted where 18.40.070Central business district See C-1 zoneCertificate of occupancy 18.80.050Churchespermitted where 18.40.070Clear vision requirements 18.45.070Clothing storespermitted where 18.40.070Clubspermitted where 18.40.070Co-housingpermitted where 18.40.070Colleges, juniorpermitted where 18.40.070Commercial usesoff-street parking 18.45.030Community centerspermitted where 18.40.070Comprehensive plan adopted 18.05.005Confectioneriespermitted where 18.40.070Index-14

ELECTRIC CITY MUNICIPAL CODEZoningConstruction yardspermitted where 18.40.070Convenience storesoff-street parking 18.45.030permitted where 18.40.070Cottage industriesoff-street parking 18.45.030permitted where 18.40.070Dairy products manufacturingpermitted where 18.40.070Day careoff-street parking 18.45.030permitted where 18.40.070Definitionsabandon 18.05.010abate 18.05.010accessory structure 18.05.010accessory use 18.05.010adequate 18.05.010adjacent property 18.05.010administrative official 18.05.010adult family home 18.05.010adverse 18.05.010adverse impacts 18.05.010agency with jurisdiction 18.05.010agriculture 18.05.010aid to navigation 18.05.010air navigation hazard 18.05.010airfield 18.05.010airport 18.05.010airport elevation 18.05.010airport imaginary surfaces 18.05.010airport obstruction 18.05.010airport safety overlay district 18.05.010airport safety zone 18.05.010airspace hazard 18.05.010airspace obstruction 18.05.010alley 18.05.010animal hospital 18.05.010animal shelter 18.05.010applicant 18.05.010application 18.05.010approach, transitional, horizontal and conicalsurfaces 18.05.010approach, transitional, horizontal and conicalzones 18.05.010archaeological 18.05.010archaeological site 18.05.010assembly, heavy 18.05.010assembly, light 18.05.010assisted living facility 18.05.010auto wrecking yard 18.05.010basement 18.05.010bed and breakfast inn 18.05.010bed and breakfast residence 18.05.010boarding house 18.05.010boat launch, public 18.05.010boathouse 18.05.010boathouse, commercial 18.05.010boating facilities 18.05.010buffer, generally 18.05.010buildable lot 18.05.010building 18.05.010building envelope 18.05.010building footprint 18.05.010building height 18.05.010building permit 18.05.010bulk fuel storage (retail) 18.05.010bulk fuel storage (wholesale) 18.05.010bulk fuel storage facility 18.05.010business 18.05.010cabin 18.05.010campground and camping facilities 18.05.010caretaker residence 18.05.010cargo containers 18.05.010child care facility 18.05.010church 18.05.010clearing 18.05.010clinic 18.05.010club 18.05.010cluster 18.05.010co-housing 18.05.010commerce 18.05.010commercial coach 18.05.010commercial sign 18.05.010commercial use 18.05.010committed improvement 18.05.010common area 18.05.010compatible 18.05.010comprehensive drainage plan 18.05.010comprehensive plan 18.05.010comprehensive plan amendment 18.05.010concurrency 18.05.010concurrency determination for nontransportationfacilities and services 18.05.010conditional use 18.05.010conditional use permit (CUP) 18.05.010condominium 18.05.010consistency 18.05.010construction yard 18.05.010containers 18.05.010contaminant 18.05.010contiguous land 18.05.010convenience store 18.05.010cottage industry 18.05.010covenants 18.05.010critical facility 18.05.010cul-de-sac 18.05.010Index-15

Zoningcultural resource area 18.05.010current use 18.05.010dangerous waste 18.05.010date of decision 18.05.010day care center 18.05.010day care – Type 1 18.05.010day care – Type 2 18.05.010dedicate 18.05.010defendant 18.05.010degrade 18.05.010density 18.05.010developable area 18.05.010developed site 18.05.010developer 18.05.010development 18.05.010development approval 18.05.010development permit 18.05.010development permit application 18.05.010development proposal 18.05.010development right 18.05.010development standards 18.05.010distance 18.05.010district 18.05.010dock 18.05.010drainage 18.05.010drinking establishment 18.05.010drive-in 18.05.010driveway 18.05.010dwelling unit 18.05.010dwelling unit, attached 18.05.010dwelling unit, detached 18.05.010dwelling unit, multiple-family 18.05.010dwelling unit, single-family 18.05.010dwelling unit, two-family (duplex) 18.05.010eating establishment 18.05.010Ecology 18.05.010effective date 18.05.010Electric City Municipal Code (ECMC)18.05.010encroachment 18.05.010enforcement officer 18.05.010enhancement 18.05.010environmental checklist 18.05.010environmental impact statement (EIS) 18.05.010erosion 18.05.010essential public facilities 18.05.010excavation 18.05.010existing use 18.05.010extended family living 18.05.010extraction 18.05.010facilities 18.05.010family 18.05.010family day care home 18.05.010family day care provider 18.05.010family member, extended 18.05.010family member, immediate 18.05.010farm 18.05.010farm operation 18.05.010farm-based business 18.05.010feasible alternative 18.05.010fence 18.05.010festival site 18.05.010filling 18.05.010final decision 18.05.010fire flow 18.05.010floor area 18.05.010functional classification (FC) 18.05.010functionally classified system 18.05.010generator 18.05.010grade 18.05.010grade, adjacent 18.05.010grade, existing 18.05.010grade, finished 18.05.010grading 18.05.010greenhouse 18.05.010gross area 18.05.010gross building area 18.05.010gross density 18.05.010gross floor area 18.05.010groundwater 18.05.010group home 18.05.010Growth Management Act (GMA) 18.05.010grubbing 18.05.010guest house (accessory dwelling unit) 18.05.010habitat 18.05.010halfway house 18.05.010handling 18.05.010hangars 18.05.010hazardous substance 18.05.010hazardous waste 18.05.010hazardous waste storage 18.05.010hazardous waste treatment 18.05.010hazardous waste treatment and storage facility,off-site 18.05.010hazardous waste treatment and storage facility,on-site 18.05.010health care facility 18.05.010health officer 18.05.010hearing examiner 18.05.010heavy industrial use 18.05.010height, airport safety overlay zone 18.05.010helipads 18.05.010Highway Capacity Manual (HCM) 18.05.010historic site 18.05.010hog ranch 18.05.010home occupation 18.05.010homeowners’ association 18.05.010hospice care facility 18.05.010Index-16

ELECTRIC CITY MUNICIPAL CODEZoninghospital 18.05.010hotel 18.05.010illegal use 18.05.010illicit discharge 18.05.010impervious surface 18.05.010incidental 18.05.010individual road concurrency 18.05.010indoor recreations and entertainment facilities18.05.010industrial development 18.05.010industrial use 18.05.010infrastructure 18.05.010innocent purchaser for value 18.05.010institutional facilities or development 18.05.010intensity 18.05.010intensive 18.05.010interlocal agreement 18.05.010interpretive center 18.05.010judgment 18.05.010junk yard 18.05.010kennel 18.05.010kitchen 18.05.010lake 18.05.010land clearing 18.05.010land disturbing activity 18.05.010land owner 18.05.010landfill 18.05.010landscaped 18.05.010landslide 18.05.010landslide hazard areas 18.05.010lease 18.05.010legal ownership 18.05.010legislative authority 18.05.010level of service (LOS) standard 18.05.010light industrial 18.05.010livestock 18.05.010livestock maintenance 18.05.010lodge 18.05.010lodging house 18.05.010long-term commercial significance 18.05.010lot area 18.05.010lot coverage 18.05.010lot line, front 18.05.010lot line, rear 18.05.010lot of record 18.05.010lot of record, legal 18.05.010lot size 18.05.010lot width 18.05.010lot, panhandled 18.05.010lot, substandard 18.05.010lot, through 18.05.010main building 18.05.010maintain 18.05.010maintenance agreement 18.05.010maintenance and repair, normal 18.05.010maintenance covenant, drainage 18.05.010maintenance, drainage 18.05.010manufactured home 18.05.010manufacturing 18.05.010marina 18.05.010master planned resort 18.05.010mini day care center 18.05.010mini-storage facility 18.05.010minor revision 18.05.010mixed-use 18.05.010mobile home 18.05.010modular (factory-built) home 18.05.010motel 18.05.010motor home 18.05.010multifamily residential use 18.05.010neighborhood 18.05.010new construction 18.05.010noise 18.05.010nonconformance 18.05.010nonconforming 18.05.010nonconforming structure or building 18.05.010normal maintenance 18.05.010normal repair 18.05.010nuisance 18.05.010nursery 18.05.010nursing home 18.05.010occupancy 18.05.010occupancy, permanent 18.05.010occupancy, temporary 18.05.010off-premises sign 18.05.010off-road vehicle park 18.05.010off-site hazardous waste treatment and storage18.05.010off-street parking 18.05.010office 18.05.010official signs 18.05.010official zoning maps controls 18.05.010on-site hazardous waste treatment and storage18.05.010ongoing agriculture 18.05.010open space 18.05.010operator 18.05.010ordinary high water mark (OHWM) 18.05.010outdoor advertising 18.05.010outdoor commercial amusement facilities18.05.010outdoor recreation development 18.05.010outdoor storage 18.05.010overlay zoning district 18.05.010overnight lodging facility 18.05.010owner 18.05.010owner occupancy 18.05.010park 18.05.010Index-17

Zoningpark and ride 18.05.010park model recreational vehicle 18.05.010parking facility 18.05.010parking space, off-street 18.05.010peak discharge 18.05.010performance and use-specific standards18.05.010performance standards, general 18.05.010permit exemption statement 18.05.010permit review 18.05.010permitted use 18.05.010permittee 18.05.010person 18.05.010personal and professional services 18.05.010planning commission 18.05.010playing field 18.05.010pollution 18.05.010potable water 18.05.010potentially incompatible land use 18.05.010predevelopment conditions 18.05.010premises 18.05.010preschool 18.05.010primary or principal building or use 18.05.010primary surface 18.05.010principal dwelling 18.05.010private street 18.05.010processing 18.05.010professional engineer 18.05.010project 18.05.010project area 18.05.010project concurrency review 18.05.010project occupancy 18.05.010project permit 18.05.010project permit application 18.05.010provision 18.05.010public facilities 18.05.010public hearing 18.05.010public schools 18.05.010public services 18.05.010public transportation 18.05.010public utilities 18.05.010qualified archaeologist 18.05.010race track, recreational 18.05.010RCW 18.05.010recording 18.05.010recreation 18.05.010recreational vehicle (RV) 18.05.010recycling 18.05.010recycling center 18.05.010recycling collection point 18.05.010redevelopment 18.05.010regulation 18.05.010religious assembly facility 18.05.010residential care facility 18.05.010residential development 18.05.010residential lot 18.05.010residential structure 18.05.010residential use 18.05.010resort 18.05.010restriction 18.05.010retail 18.05.010retirement home 18.05.010rezone 18.05.010rezone, major 18.05.010rezone, minor 18.05.010right-to-farm provisions 18.05.010road 18.05.010road approach 18.05.010road frontage 18.05.010roadside retail sales stand 18.05.010roadside retail sales stand, permanent 18.05.010roadside retail sales stand, seasonal 18.05.010roadway width 18.05.010runoff 18.05.010runway 18.05.010runway protection zone 18.05.010sale 18.05.010sanitarium 18.05.010sanitary sewer systems 18.05.010school, elementary and secondary 18.05.010screening 18.05.010senior citizen dwelling 18.05.010SEPA 18.05.010septage 18.05.010service area 18.05.010service station 18.05.010setback, front 18.05.010setback, side and rear 18.05.010sewer 18.05.010sewers, public 18.05.010sexually oriented business 18.05.010shooting range 18.05.010side street 18.05.010sidewalk 18.05.010sign 18.05.010sign, commercial 18.05.010sign, roof 18.05.010single-family residence or dwelling 18.05.010site assessment 18.05.010site development activity 18.05.010site plan 18.05.010site visit 18.05.010slaughter, packing and rending facility 18.05.010small scale 18.05.010small scale recreation and tourism 18.05.010solid waste 18.05.010solid waste disposal 18.05.010Index-18

ELECTRIC CITY MUNICIPAL CODEZoningsolid waste handling and disposal facility18.05.010solid waste landfill 18.05.010solid waste transfer station 18.05.010sound 18.05.010state 18.05.010statute 18.05.010storage 18.05.010storage yard 18.05.010storage – dangerous waste 18.05.010stormwater 18.05.010story 18.05.010street 18.05.010street, side 18.05.010structure 18.05.010subject property 18.05.010substantial damage 18.05.010substantial improvement 18.05.010support structure 18.05.010surface water 18.05.010swale 18.05.010take-out food service 18.05.010tank farm 18.05.010temporary 18.05.010temporary festival 18.05.010temporary outdoor event 18.05.010tourist accommodation 18.05.010townhouse 18.05.010tract 18.05.010trail 18.05.010transfer of development rights (TDR) 18.05.010transfer station 18.05.010transient guest house 18.05.010transient residence 18.05.010transit station 18.05.010transitional surface 18.05.010transportation facilities 18.05.010travel trailer 18.05.010treated 18.05.010treatment 18.05.010unplatted 18.05.010urban growth 18.05.010urban growth area 18.05.010urban growth boundary 18.05.010urban services 18.05.010usable area 18.05.010use 18.05.010use, allowed outright 18.05.010use, conditional 18.05.010use, prohibited 18.05.010utilities 18.05.010utilities, local 18.05.010utility easement 18.05.010variance 18.05.010vehicle 18.05.010veterinary hospital 18.05.010vicinity 18.05.010voluntary agreement 18.05.010WAC 18.05.010walkway 18.05.010warehouse 18.05.010water storage tanks 18.05.010way 18.05.010wholesale 18.05.010wrecking and salvage yards 18.05.010yard 18.05.010zoning district 18.05.010zoning map 18.05.010, 18.10.020Density requirements See Development standardsDental offices, clinicspermitted where 18.40.070Department storespermitted where 18.40.070Development standardsC-1 zone 18.30.030C-2 zone 18.35.030designated 18.45.020P-R zone 18.28.030PU zone 18.37.030R-1 zone 18.20.030R-2 zone 18.25.030R-3 zone 18.27.030review, building permit approval 18.45.050S-1 zone 18.18.030Discount storespermitted where 18.40.070Districtseffect of establishment, overlays 18.10.040established 18.10.010use chart 18.40.070Drinking establishmentsoff-street parking 18.45.030permitted where 18.40.070Drive-inspermitted where 18.40.070Drug manufacturingpermitted where 18.40.070DuplexesSee also Two-family residential unitsgeneral regulations 18.45.060off-street parking 18.45.030permitted where 18.40.070DwellingsSee also Specific DwellingS-1 zone 18.18.020Eating establishmentsoff-street parking 18.45.030permitted where 18.40.070Index-19

ZoningElectric components manufacturingpermitted where 18.40.070Electrical interference See Performance standardsElectrical substationspermitted where 18.40.070Electromagnetic radiation See PerformancestandardsEnforcementSee also Violation, penaltyduty 18.80.020penalties 18.80.090Entertainment facilities, indooroff-street parking 18.45.030Exercise facilitiespermitted where 18.40.070Fabricated structural metal products manufacturingpermitted where 18.40.070Factory-built homesplacement 18.61.010requirements 18.61.020S-1 zone 18.18.020Farm machinery salespermitted where 18.40.070Farm supplies salespermitted where 18.40.070Farmers marketspermitted where 18.40.070Feedlotspermitted where 18.40.070Fees 18.80.060Fencesgeneral regulations 18.45.080S-1 zone 18.18.020Fertilizer sales, storageoff-street parking 18.45.030Festival/event sitespermitted where 18.40.070Financial institutionspermitted where 18.40.070Fire stationspermitted where 18.40.070Food canning, packagingpermitted where 18.40.070Food processingpermitted where 18.40.070Fraternal organizationspermitted where 18.40.070Fuel, oil distributorspermitted where 18.40.070Fumigant sales, storageoff-street parking 18.45.030Funeral homespermitted where 18.40.070Furniture manufacturingpermitted where 18.40.070Furniture storespermitted where 18.40.070Garden storespermitted where 18.40.070Glass salespermitted where 18.40.070Glass, pottery manufacturingpermitted where 18.40.070Greenhousesoff-street parking 18.45.030Grocery storespermitted where 18.40.070Gymspermitted where 18.40.070Halfway housespermitted where 18.40.070Hardware storespermitted where 18.40.070Hazardous substances, wastes See PerformancestandardsHazardous waste treatment, storagepermitted where 18.40.070Hazards See Performance standardsHealth care facilitiespermitted where 18.40.070Heating salespermitted where 18.40.070Heavy equipmentsalespermitted where 18.40.070storage, maintenance, repairpermitted where 18.40.070Height requirements See Development standardsHelipadspermitted where 18.40.070High density residential district See R-3 zoneHigh density resort residential district See R-3RzoneHog ranchespermitted where 18.40.070Home occupationsoff-street parking 18.45.030permitted where 18.40.070Hospice care facilitiespermitted where 18.40.070Hotelsoff-street parking 18.45.030permitted where 18.40.070Industrial development, manufacturingpermitted where 18.40.070Institutional developmentpermitted where 18.40.070Index-20

ELECTRIC CITY MUNICIPAL CODEZoningInsurance agenciespermitted where 18.40.070Interpretations of provisions 18.80.030Interpretive centerspermitted where 18.40.070Junk handlingpermitted where 18.40.070Junk yardspermitted where 18.40.070Kennelsoff-street parking 18.45.030permitted where 18.40.070Landscapingappeals 18.47.090applicability 18.47.020buffer, screeningalternative options 18.47.060requirements 18.47.040restrictions 18.47.080enforcement 18.47.100maintenance 18.47.070performance bond 18.47.050plan submittal, review 18.47.030purpose 18.47.010Laundries, laundromatspermitted where 18.40.070Leather tanning, manufacturingpermitted where 18.40.070Librariespermitted where 18.40.070Light industrial manufacturingpermitted where 18.40.070Light, glare See Performance standardsLiquor storespermitted where 18.40.070Loading standards 18.45.030Lodging housespermitted where 18.40.070Lot size, coverage See Development standardsLow density residential district See R-1 zoneLumber yardspermitted where 18.40.070Machinery, equipment manufacturingpermitted where 18.40.070Manufactured homesS-1 zone 18.18.020Manufactured home parksaccessory buildings, structures 18.75.250additions 18.75.250administration 18.75.280appeals 18.75.340binding site plan 18.75.020building height 18.75.170business license issuance 18.75.350certificate of occupancy 18.75.350common open space 18.75.160density 18.75.060drainage 18.75.210insignia 18.75.310inspection 18.85.350intent 18.75.010interpretation 18.75.330landscaping 18.75.110lighting 18.75.240maintenance 18.75.110nonconforming use 18.75.360parking requirements 18.75.140permits 18.75.290permitted uses 18.75.030permitted where 18.40.070, 18.75.040prohibited uses 18.75.050roads, streets 18.75.220satellite receiving antennas 18.75.260screening 18.75.100set up 18.75.300setbacks, separations 18.75.080shoreline areas 18.75.270signs 18.75.130size 18.75.070skirting 18.75.230space numbering 18.75.120storage area 18.75.200stormwater control 18.75.210structures over easements, rights-of-way18.75.180use impacts 18.75.190utilities 18.75.150variances 18.75.320walkways 18.75.090Mapadopted, rules 18.10.020amendment 18.10.030Marinaspermitted where 18.40.070Master planned resortspermitted where 18.40.070Meat products manufacturingpermitted where 18.40.070Medical offices, clinicspermitted where 18.40.070Medium density residential district See R-2 zoneMeeting hallspermitted where 18.40.070Mini-storage facilitiesoff-street parking 18.45.030permitted where 18.40.070Miningpermitted where 18.40.070Index-21

ZoningMixed use zone development standards 18.45.020Mobile home parks See Manufactured, mobile homeparksMobile vendorsgeneral regulations 18.40.050Motelsoff-street parking 18.45.030permitted where 18.40.070Motorcycle sales, repairpermitted where 18.40.070Multifamily dwellingsoff-street parking 18.45.030permitted where 18.40.070Museumspermitted where 18.40.070Noise See Performance standardsNonconforming uses, structureschangesdistricts 18.55.050structures 18.55.030uses 18.55.040conditions upon continued existence 18.55.020continuation 18.55.010duplexes in R-1 zones 18.55.070remodeling 18.55.060Nurseriesoff-street parking 18.45.030permitted where 18.40.070Nursing homesoff-street parking 18.45.030Odor, particulate matter emissions See PerformancestandardsOffice supply storespermitted where 18.40.070Oil, gas operationspermitted where 18.40.070Outdoor recreation developmentpermitted where 18.40.070Overnight lodging rentalsP-R zone 18.28.020P-R zonedevelopment standards 18.28.030, 18.45.020intent 18.28.010permitted uses 18.28.020Paint storespermitted where 18.40.070Paperboard containers manufacturingpermitted where 18.40.070Parkingpermitted where 18.40.070standards 18.45.030Parkspermitted where 18.40.070PDD zonebuilding permit issuance 18.63.150changes, modifications 18.63.210design standards 18.63.050development standards 18.45.020established 18.10.010final applicationcontents, requirements 18.63.120review 18.63.130general requirements 18.63.030inspection of improvements 18.63.200maintenance bond 18.63.190performance bond, securitylandscape 18.63.160street, utility improvements 18.63.170time extension 18.63.180permitted uses 18.63.020preliminary applicationcity council action 18.63.110contents, requirements 18.63.040notice of public hearing 18.63.080planning commission action 18.63.090public hearing 18.63.070referral to other city departments 18.63.060purpose 18.63.010repeal of ordinance 18.63.220Performance standards 18.45.040Permitted usesC-1 zone 18.30.020C-2 zone 18.35.020designated 18.40.070general regulations 18.40.010P-R zone 18.28.020PDD zone 18.63.020PU zone 18.37.020R-1 zone 18.20.020R-2 zone 18.25.020R-3 zone 18.27.020S-1 zone 18.18.020Personal servicesoff-street parking 18.45.030Pesticide, herbicide sales, storageoff-street parking 18.45.030Planing millspermitted where 18.40.070Planned development district overlay See PDD zonePlanned resort district See P-R zonePlanned unit developmentsoff-street parking 18.45.030Plastic assembly, manufacturingpermitted where 18.40.070Plumbing salespermitted where 18.40.070Index-22

ELECTRIC CITY MUNICIPAL CODEZoningPolice stationspermitted where 18.40.070Poultry products manufacturingpermitted where 18.40.070Prefabricated wood products manufacturingpermitted where 18.40.070Preschoolspermitted where 18.40.070Printingpermitted where 18.40.070Professional office buildingspermitted where 18.40.070Professional servicesoff-street parking 18.45.030Prohibited uses 18.40.030PU zonedevelopment standards 18.37.030, 18.45.020established 18.10.010intent 18.37.010permitted uses 18.37.020Public use district See PU zonePublishingpermitted where 18.40.070Purposes of provisions 18.05.005R-1 zonedevelopment standards 18.20.030, 18.45.020established 18.10.010intent 18.20.010nonconforming duplexes 18.55.070permitted uses 18.20.020R-2 zonedevelopment standards 18.25.030, 18.45.020established 18.10.010intent 18.25.010permitted uses 18.25.020R-3 zonedevelopment standards 18.27.030, 18.45.020established 18.10.010intent 18.27.010permitted uses 18.27.020R-3R zoneestablished 18.10.010Real estate officespermitted where 18.40.070Recreational vehicle parksaccessory uses 18.70.100appeals 18.70.140definitionsimprovements 18.70.020park space 18.70.020recreational park trailer 18.70.020recreational vehicle 18.70.020recreational vehicle park 18.70.020sanitary dumping station 18.70.020tent 18.70.020design, development standards 18.70.090development 18.70.060deviations 18.70.120enforcement 18.70.170expansion, modification 18.70.150improvements 18.70.080interpretation 18.70.130nonconforming use 18.70.160permitted uses 18.70.040permitted where 18.40.070, 18.70.030prohibited uses 18.70.050purpose of provisions 18.70.010requirements 18.70.070responsibility 18.70.110Recycling centerspermitted where 18.40.070Recycling collection pointspermitted where 18.40.070Recycling drop-off centerspermitted where 18.40.070Residential care facilitiesoff-street parking 18.45.030permitted where 18.40.070Residential usesoff-street parking 18.45.030Resortsoff-street parking 18.45.030Retail sales, servicesoff-street parking 18.45.030Retirement homespermitted where 18.40.070Right of entry 18.80.070Roadside retail sales standspermitted where 18.40.070Rock crushingpermitted where 18.40.070Rubber products manufacturingpermitted where 18.40.070S-1 zonedevelopment standards 18.18.030, 18.45.020established 18.10.010intent 18.18.010livestock requirements 18.18.040permitted uses 18.18.020Sawmillspermitted where 18.40.070Schoolspermitted where 18.40.070Service stationspermitted where 18.40.070Setbacks See Development standardsSexually oriented businessespermitted where 18.40.070Index-23

ZoningSheetmetal manufacturingpermitted where 18.40.070Shoe repairpermitted where 18.40.070Signsabandoned 18.60.090construction, maintenance standards 18.60.100definitionsabandoned sign 18.60.030accessory sign 18.60.030alteration 18.60.030area (of a sign) 18.60.030arranged for 18.60.030awning 18.60.030balloon sign 18.60.030banner sign 18.60.030business 18.60.030canopy 18.60.030canopy sign 18.60.030changeable copy sign (electronic) 18.60.030changeable copy sign (manual) 18.60.030clearance (of a sign) 18.60.030conditional use 18.60.030copy 18.60.030designed for 18.60.030double-face sign 18.60.030face (of a sign) 18.60.030festoons 18.60.030flashing sign 18.60.030freestanding sign 18.60.030frontage 18.60.030hanging sign 18.60.030hazardous sign 18.60.030height (of a sign) 18.60.030illuminated sign 18.60.030incidental sign 18.60.030landmark sign 18.60.030maintained for 18.60.030maintenance 18.60.030marquee 18.60.030may 18.60.030monument 18.60.030mounted sign 18.60.030moving sign 18.60.030multi-tenant complex 18.60.030occupied for 18.60.030nonconforming sign 18.60.030permanent sign 18.60.030permitted use 18.60.030portable sign 18.60.030projecting sign 18.60.030pylon sign 18.60.030roof sign 18.60.030shall 18.60.030sign 18.60.030site 18.60.030temporary sign 18.60.030used for 18.60.030video sign 18.60.030wall sign 18.60.030window sign 18.60.030enforcement 18.60.130exceptions 18.60.120exempted 18.60.040landmark 18.60.090nonconforming 18.60.110permanent 18.60.070permits 18.60.080prohibited 18.60.050purpose of provisions 18.60.010scope 18.60.020temporary 18.60.060Single-family dwellingsoff-street parking 18.45.030permitted where 18.40.070Single-unit (detached) dwellings 18.45.060Site plansamendments 18.49.080applicability 18.49.020applicationcontents 18.49.050public inspection 18.49.060approval duration 18.49.070intent 18.49.010preliminary conference 18.49.040review procedures 18.49.030Slaughter, packing, rendering facilitiespermitted where 18.40.070Small engine repairpermitted where 18.40.070Soil sterilant sales, storageoff-street parking 18.45.030Solid waste landfillspermitted where 18.40.070Solid waste transfer stationspermitted where 18.40.070Stone products manufacturingpermitted where 18.40.070Storagecommercialpermitted where 18.40.070outdoorpermitted where 18.40.070Suburban residential district See S-1 zoneTelephone switching officespermitted where 18.40.070Temporary marketsgeneral regulations 18.40.060Index-24

ELECTRIC CITY MUNICIPAL CODEZoningTemporary uses 18.40.040Theaterspermitted where 18.40.070Tourist accommodationspermitted where 18.40.070Tourist commercial district See C-2 zoneTrailer salespermitted where 18.40.070Truck terminalspermitted where 18.40.070Two-family residential unitsSee also Duplexesoff-street parking 18.45.030Upholstery storespermitted where 18.40.070Utility developmentspermitted where 18.40.070Vibration See Performance standardsViolationsSee also Enforcementpenalty 18.80.080Vocational schoolspermitted where 18.40.070Warehousespermitted where 18.40.070Waste material processingpermitted where 18.40.070Water-related commercial usespermitted where 18.40.070Weldingpermitted where 18.40.070Wholesale tradepermitted where 18.40.070Wrecking, salvage yardspermitted where 18.40.070Index-25