16.20.060 Permits and fees | Everett Municipal Code

16.20.060 Permits and fees.

A. State Environmental Policy Act (SEPA). SEPA review is required in compliance with city ordinance and WAC Chapter 197-11.

1. No billboard structure or billboard governed by the provisions of this chapter shall be erected, altered or relocated by any person, firm or corporation from and after the effective date of the ordinance codified in this chapter without a permit issued by the city. No permit shall be issued to any person, firm or corporation who does not hold a current license to erect signs as required by Chapter 5.48, and a valid state contractor’s license. No new permit is required for billboards and billboard structures which have permits and which conform with the requirements of this chapter on the day of its adoption unless and until the billboard or billboards which, on the date of adoption of the ordinance codified in this chapter, have permits but do not conform with this chapter’s requirements may be eligible for characterization as nonconforming billboards and for nonconforming billboard permits herein.

2. No billboard permit(s) submitted by or on behalf of any person, firm, or corporation which owns one or more nonconforming billboards or billboard structures within the city shall be granted until an equal number of nonconforming billboards or billboard structures owned by that person, firm or corporation have been removed, or made conforming. The actual order in which the applicant’s nonconforming billboards or billboard structures are made conforming or removed is discretionary with the city unless the applicant has executed an agreement with the city which provides otherwise.

a. Sale of Nonconforming Billboards and Billboard Structures. In the event the owner of a nonconforming billboard or billboard structure sells one or more nonconforming billboards or billboard structures, said nonconforming billboard(s) or billboard structure(s) shall be removed or brought into conformance within three years from the date of sale of the nonconforming billboard(s)/ billboard structure(s). It shall be the responsibility of the person, firm or corporation selling the nonconforming billboard or nonconforming billboard structure(s) to immediately provide the city written notification of the date of sale and the name, address and telephone number of the purchaser. The seller of the nonconforming billboard or nonconforming billboard structure shall also be responsible to inform the purchaser that it must be removed or brought into conformance within three years of the date of sale.

b. Responsibility for Costs of Removal/Conformance. The person, firm or corporation owning the nonconforming billboard structure(s) or billboard(s) shall be responsible for all costs associated with its removal or bringing it into compliance except when otherwise required by state law.

C. Permit Applications. To obtain a permit the applicant shall file an application in writing on the form furnished by the building official. The application shall contain but not be limited to the following information:

1. The name and address of the owner and user of the billboard and billboard structure, the name and address of the owner of the property on which the billboard and billboard structure is located;

2. Contractor, state license number and city of Everett license number;

3. The valuation of the billboard including labor cost; and

4. Plans, diagrams, computations and other relevant data and information as may be required by the administrator;

5. Proof that the underlying property owner(s) has authorized this use of the property.

Any engineering or architectural data that is submitted shall be stamped by an individual licensed to practice as such in the state of Washington. Plans and plot plans shall be submitted in duplicate, and all engineering calculations shall be submitted singularly.

D. Expiration of Applications. Applications which have been approved by the administrator but for which no permit is issued within one hundred eighty days following the date of application shall expire. The plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the administrator.

E. Expiration of Permits. A billboard permit issued by the administrator under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty days from the date of issuance of such permit, or if the work authorized is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days. The administrator may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No permit shall be extended more than once.

F. Suspension or Revocation. The administrator may, in writing, suspend or revoke a billboard permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or the billboard or billboard structure violates any city ordinance, or violates any regulations or provisions of this chapter.

G. Permit Exceptions. No new permit shall be required for the following situations:

1. For repainting, cleaning or other normal maintenance or repair of a billboard or billboard structure for which a permit has previously been issued, so long as the billboard structure or content is not modified in any way;

2. For the changing of the advertising copy or message on an approved billboard.

H. Notice of Permit Denial—Reasons. When a billboard permit is denied by the administrator, the administrator shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.

1. Appeal of Administrator’s Decision. Appeal of the administrator’s decision shall be made to the land use hearing examiner except for the administrator’s decision to deny a billboard permit for failure to meet the requirements of the uniform codes as adopted by the city (U.B.C., U.E.C., etc.) or failure to meet SEPA requirements. Appeals from failure to meet the requirements of the uniform codes or SEPA shall be made in accordance with the appeal requirements of the uniform codes or SEPA. Appeal of determinations of nonconformity made by the administrator shall be made to the land use hearing examiner. The appeal must be made in writing on forms provided by the city and filed with the city clerk within ten working days from the date of the administrator’s decision.

2. Any applicant or permit holder may apply for a variance. The applicant for a variance shall submit the required application and pay the fee as established by the administrator. The hearing examiner may authorize variances from the provisions of this chapter as will not be contrary to the public interest.

No variance shall be allowed unless the hearing examiner finds that the following exists:

a. That there are exceptional or extraordinary circumstances or conditions applying to the subject property, billboard(s) and/or billboard structure(s) that do not apply generally to other properties, billboards or billboard structures regulated by this chapter;

b. That the authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity in which the property, billboard(s) or billboard structure(s) is located; and

c. That the granting of such variance will not adversely affect the city’s efforts to enhance traffic safety and the aesthetics of the city.

3. Appeal from Failure of Administrator to Act on Permit Application. Upon completion of the SEPA process in accordance with state and city requirements including the expiration of any appeal or time periods for appeal, the administrator shall either grant or deny a billboard permit within ten days if the requirements of this chapter are met. Failure to grant or deny a permit within this time period shall be grounds for appeal to the land use hearing examiner.

J. Fees. The applicant shall pay the applicable fee at the time of permit issuance. The amount of the fee shall be that amount required for a building permit in accordance with the current edition of the Uniform Building Code. A plan review fee shall be paid at the time of submitting the application. Said plan review fee shall be sixty-five percent of the billboard permit fee. When plans are incomplete or changed so as to require additional plan review fee, an additional plan review fee shall be charged at the rate of fifteen dollars per hour (minimum charge: one-half hour). The applicant shall also be required to pay the applicable fee for the SEPA review at the time of application for the required SEPA review. (Ord. 1258-86 § 6, 1986.)