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19.15.030 Land use review types.
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There are four categories of land use review that occur under the provisions of the development code.

A. Type I. Type I reviews are based on clear, objective and nondiscretionary standards or standards that require the application of professional expertise on technical issues.

B. Type II. Type II reviews are based on clear, objective and nondiscretionary standards or standards that require the application of professional expertise on technical issues. The difference between Type I and Type II review is that public notification shall be issued for Type II decisions.

C. Type III. Type III reviews require the exercise of discretion about nontechnical issues.

D. Type IV. Type IV reviews require discretion and may be actions of broad public interest. Decisions on Type IV reviews are only taken after an open record hearing.

E. The types of land use approvals are listed in Table A of this section. The required public process for each type of land use approval are listed in Table B of this section.

F. Consolidated Permit Processing. An application for a development proposal that involves the approval of two or more Type II, III and IV reviews may be processed and decided together, including any administrative appeals, using the highest numbered land use decision type applicable to the project application. The following permits and land use reviews are excluded from consolidated review and approval:

1. Building permits associated with the construction of one or more new single-family dwellings on lots resulting from the final plat approval of a short subdivision or long subdivision.

2. Building permits associated with shoreline conditional use permits and shoreline variance.

3. Project SEPA reviews shall be processed as a Type III land use review.

4. When a review is heard by multiple decision bodies, the higher decision body will make the final decision, and the lower decision body will review the project at a public meeting and issue a recommendation that will be reviewed by the higher decision body. The higher decision body will either adopt the recommendation as part of the permit conditions, will remand the recommendation back to the lower body for further consideration, will amend the recommendation, or will deny adoption of the recommendation and will adopt their own permit conditions. The hierarchy of decision bodies is as follows, from highest to lowest:

a. City council;

b. Hearing examiner;

c. Design commission.

Table A. Land Use Review Type

Type I

Type II

Type III

Type IV

• Home business

• Seasonal development limitation waiver

• Nonmajor single-family dwelling building permits

Tree removal permit

Right-of-way permit

Special needs group housing safety determination

Tenant improvement/change of use

• Shoreline exemption1

Critical area review 1

• Final short plat

• Temporary commerce on public property

• Site development permits

Transportation concurrency certificate

• Modified wireless communication facilities (6409 per 47 CFR 1.40001)

Lot line revision

Setback deviations

• Final plat2,3

Code official design review

Accessory dwelling unit

Parking variances (reviewed by city engineer)

• New and modified wireless (non-6409) eligible facility

• SEPA threshold determination

Critical area review 2

• Public agency exception

Temporary encampment 4

Short plat alteration and vacations

• Preliminary short plat

Development code interpretations

Major single-family dwelling building permit

• Shoreline substantial development permit1

• Shoreline revision (substantial development)1

• Preliminary long plat approval

Conditional use permit

Variance

Critical areas reasonable use exception

Long plat alteration and vacations

Parking variances (reviewed by design commission)

Variance from short plat acreage limitation

Wireless communication facility height variance

• Planned unit development

• Design commission design review

• Permanent commerce on public property

• Shoreline conditional use permit (SCUP)5

• Shoreline variance 5

• Shoreline revision (variance and SCUP)

1Appeal will be heard by the Shorelines Hearings Board.

2Decision is made by city council after discussion at a public meeting.

3A notice of decision will be issued for a final long plat.

4A public meeting is required.

5Major single-family dwelling building permits are subject only to the notice of application process. A notice of decision will be provided to parties of record.

6Hearing examiner will forward a recommendation to the Washington State Department of Ecology for Ecology’s decision.

Table B. Review Processing Procedures

Type I

Type II

Type III

Type IV

No Notice of Application

No Notice of Decision

Code Official

Public Notification

No Notice of Application

No Notice of Decision

Code Official

Notice of Application

Notice of Decision

Code Official

Notice of Application

Public Hearing

Notice of Decision

Hearing Examiner/Design Commission

Preapplication meeting required

No

No

Yes

Yes

Letter of completion (within 28 days)

No

No

Yes

Yes

Public Notification

No

Yes

No

No

Notice of Application (mailing and posting)

No

No

Yes

Yes

Public Comment Period

None

None

30 days

30 days

Public Hearing

(open record pre-decision)

No

No

No

Yes

Notice of Decision

Code Official

Code Official

Code Official

Hearing Examiner2 or Design Commission

Notice of Decision

No

No

Yes

Yes

Appeal Authority

Hearing Examiner1

Hearing Examiner or Design Commission (code official design review)

Hearing Examiner

Superior Court or Shoreline Hearings Board (shoreline permits)

1Appeals of final short plat approvals shall be to superior court. Appeals of shoreline exemptions shall be to the shoreline hearings board.

2The hearing examiner will provide a recommendation to Ecology for decisions on shoreline conditional use permits and shoreline variances.

(Ord. 19C-05 § 2 (Exh. B); Ord. 19C-04 § 1 (Exh. A); Ord. 19C-02 § 3 (Exh. A); Ord. 18C-12 § 2; Ord. 18C-08 § 1 (Att. A)).

(Ord. 19C-05 § 2 (Exh. B), 2019; Ord. 19C-04 § 1 (Exh. A), 2019; Ord. 19C-02 § 3 (Exh. A), 2019; Ord. 18C-12 § 2, 2018; Ord. 18C-08 § 1 (Att. A), 2018.)
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