[1]
Code reviser's note: Ordinance 1505 did not include BLMC § 14.40.070. BLMC § 14.40.080 through 14.40.100 in the ordinance have been editorially renumbered to prevent gaps in numbering.
A. 
The purpose of the pre-application process is for the applicant to provide city staff with preliminary information about a proposed project and site conditions so that the city can provide the applicant with the requirements that must for the proposal to proceed through the formal review process.
B. 
Any potential applicant may request a pre-application conference. Pre-application conferences are not mandatory but are optional at the request of the applicant. The director shall conduct a pre-application conference if requested by the applicant. For the city to provide the most applicable information at the pre-application conference, the applicant should provide, at a minimum:
1. 
Project narrative;
2. 
List of questions;
3. 
Draft site plan;
4. 
Draft building elevations, if applicable; and
5. 
Any other drawings or documents helpful to illustrate the proposal.
C. 
At a minimum, the conference shall be scheduled with applicable representatives from the city, including but not limited to the planning, engineering, building, and utility divisions. Representatives from other departments or agencies are encouraged to attend to provide comments on the proposal.
D. 
It is impossible for the pre-application conference to be an exhaustive review of all potential issues. The discussions at the conference shall not bind or prohibit the city’s future application or enforcement of all applicable laws.
E. 
Review of a proposal at a pre-application conference does not vest any project.
(Ord. 1505 § 4, 2015; Ord. 1745, 12/9/2025)
A. 
All applications for permits, land use decisions, and other city approvals specified in the development code shall be submitted on application forms prepared by the director.
B. 
At a minimum, all applications shall contain the following:
1. 
A completed application form.
2. 
All applicable fees.
3. 
Written authorization of the property owner.
4. 
A completed environmental checklist for projects subject to review under SEPA if not exempt under Chapter 16.08 BLMC or if an Environmental Impact Statement was previously issued for the project.
5. 
All accompanying information required for the type of permit as provided on the checklist prepared by the director.
(Ord. 1505 § 4, 2015; Ord. 1745, 12/9/2025)
A. 
For the purposes of this title, a complete application is one that contains all items required under BLMC § 14.40.020.
B. 
Determination of Complete Application.
1. 
Within 28 calendar days, except for telecommunications applications which shall be notified within 10 days, after receiving a project permit application, the director shall provide a written determination of completeness to the applicant via electronic mail which states either:
a. 
That the application is complete; or
b. 
That the application is incomplete and that the procedural submission requirements of the city have not been met. The determination will outline what is necessary to make the application procedurally complete. To the extent known by the city, the determination will identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
2. 
If the director does not provide a written determination to the applicant that the application is incomplete within 28 calendar days, the application shall be deemed procedurally complete on the twenty-ninth day after receiving a project permit application. When the director does not provide a written determination to the applicant that the application is procedurally incomplete, the director may still seek additional information or studies as provided for in subsection E of this section. The time period guidelines for review of project permit applications begins following the determination of a complete application, as set forth in BLMC § 14.40.080.
C. 
If the applicant receives a written determination from the city that an application is procedurally incomplete, the applicant shall have 90 calendar days to submit the necessary information to the city. If the applicant does not submit the required information within the 90-calendar-day period, the application shall lapse due to a lack of information necessary to complete the review. No extensions shall be granted.
D. 
Within 14 calendar days after the applicant has submitted the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection B of this section; provided, however, that if upon review the application remains procedurally incomplete, the application shall lapse due to a lack of information necessary to complete the review, and the applicant shall be notified in writing of the determination.
E. 
Additional information or studies may be required or project modifications may be undertaken subsequent to the procedural review of the application by the director. The director's issuance of a determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the determination of completeness or at some later time if additional information is required or where substantial changes in the proposed action occur. However, if the procedural submission requirements as outlined on the project permit application have been provided, the need for additional information or studies may not preclude a completeness determination.
F. 
For the purposes of this section, applications are deemed received until a notice of complete application is issued by the director or the mandatory period to deem an application complete has passed.
G. 
Nothing in this section shall preclude the director from providing a notice of complete application to an applicant after receiving a non-project permit application. When given, such notice should follow the procedures in this section.
(Ord. 1505 § 4, 2015; Ord. 1644 § 1, 2020; Ord. 1745, 12/9/2025)
A. 
All developments and permits subject to the provisions of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall be reviewed in accordance with Division I of BLMC Title 16.
B. 
SEPA review shall be conducted concurrently with development project review. Threshold determinations shall be issued within 90 days of the date of the notice of complete application issued by the city.
C. 
The following actions are exempt from concurrent review under SEPA:
1. 
Project permits categorically exempt from SEPA.
2. 
Project permits that are part of actions previously reviewed under SEPA.
3. 
Project permits subject to planned actions, so long as the proposed component of the planned action is consistent with the environmental impact statement (EIS) issued for the planned action.
(Ord. 1505 § 4, 2015)
A. 
Following a determination of a complete application, if the director finds that additional information is necessary or corrections are required to make the proposal consistent with the comprehensive plan and development regulations, the director shall provide a letter to the applicant:
1. 
Detailing the necessary corrections;
2. 
Providing the response deadline; and
3. 
Include a notice that nonresponsiveness for 60 consecutive calendar days may result in 30 calendar days being added to the time for review permitted under BLMC § 14.40.080. “Nonresponsiveness” means that an applicant is not making demonstrable progress on providing the additional requested information, or that there is no ongoing communication from the applicant to the city on the applicant's ability or willingness to provide the additional information.
B. 
The applicant receives a written determination from the city that corrections or additional information are necessary, the applicant shall have up to 90 calendar days to submit the necessary information to the city.
1. 
The director may allow for up to a total of two extensions to submit the required information, not to exceed an additional 90 calendar days each. Requests must be made in writing a minimum of 10 calendar days prior to the submittal deadline.
2. 
If the applicant either refuses in writing to submit corrected information or does not submit the corrected information within the 90-calendar-day period, the application shall lapse.
3. 
The director shall have 14 calendar days to review the submittal of corrected information.
C. 
If the application requires a second request for additional or corrected information, the director shall schedule a meeting with said request in an attempt to resolve outstanding issues during the review process with the applicant. The meeting shall be scheduled within 14 calendar days of the correction letter date, unless the applicant requests an alternative date or refuses to meet. Following this attempt, if the director receives the additional or corrected information and proceeds with review, the director shall either approve or deny the application. If the applicant refuses to meet, the requirement for the city to meet with the applicant shall be determined to have been met.
(Ord. 1745, 12/9/2025)
If the proposal is not exempt from design review pursuant to Chapter 14.95 BLMC, the director shall review it and issue a recommendation of conformance (with or without conditions) or nonconformance with the applicable subarea plans and design guidelines.
(Ord. 1505 § 4, 2015; Ord. 1745, 12/9/2025)
Permit applications shall contain the information necessary to determine whether a concurrency determination is required under BLMC § 19.02.070(B)(1). The director may delay issuance of a determination of completeness until the director has received any traffic study or other information necessary to issue a concurrency determination in accordance with BLMC § 19.02.070. The director shall issue the concurrency determination, if applicable, at any appropriate point in the permit process prior to or concurrent with the decision on the permit application.
(Ord. 1505 § 4, 2015)
A. 
For permits requiring a staff report, upon conclusion of the review of the permit application, the director shall prepare a staff report identifying the proposed development; evaluating and analyzing the consistency of the development with applicable plans, codes, criteria and regulations; consolidating the comments of all city departments and outside agencies on the development proposal; proposing findings, conclusions and appropriate conditions of development; and, if applicable, making a recommendation for action on the proposal to the decision making body.
B. 
The staff report shall be distributed to the applicant; to city departments; affected outside agencies; and, if applicable, to the decisional body for consideration in advance of the formal public meeting, hearing, or action on the proposed development. Staff reports will be available to the public prior to the formal public meeting, hearing, or action on the proposed development.
(Ord. 1505 § 4, 2015)
A. 
The decision maker identified in BLMC § 14.30.020 shall determine if the application is consistent with the development code and the policies of the comprehensive plan and notify the applicant within the following time periods, except as provided in subsections B through F of this section, and as calculated pursuant to BLMC § 14.10.070 subject to the following:
1. 
Type 1 applications: 65 calendar days.
2. 
Type 2 applications: 100 calendar days.
3. 
Type 3 applications: 120 calendar days.
4. 
Type 4 applications: 170 calendar days.
5. 
The time periods above shall be extended as provided for in BLMC § 14.10.070.
B. 
Telecommunications.
1. 
The FCC establishes shot clock types and times for permit review of wireless telecommunication facilities. The shot clock starts when a complete application is submitted to the city. The clock pauses when an application is deemed incomplete; the city will notify the applicant of incompleteness within 10 days. The shot clock is restarted at resubmittal.
2. 
Shot clocks for application review will run as follows:
Type of Review
Shot Clock
ROW Permit
30 days
Eligible facilities modifications and collocation of new small cell sites
60 days
Construction of new small cell facility
90 days
Construction of new facilities other than small cell facilities
120 days
3. 
If the city determines that the application does not qualify as an eligible facilities modification, the city will notify the applicant of that determination in writing and will process the application as a WCF permit application, as applicable.
4. 
To the extent federal law provides a "deemed granted" remedy for applications not timely acted upon by the city, no such application shall be deemed granted until the applicant provides notice to the city, in writing, that the application has been deemed granted after the time period provided in subsection (B)(2) of this section has expired.
C. 
Preliminary land divisions with 10 or more lots or unit lots must be approved, disapproved, or returned to the applicant within 90 days of filing a complete application, unless the applicant consents to an extension.
D. 
Preliminary land divisions with nine or less lots, final subdivisions and final short subdivisions must be approved, disapproved, or returned to the applicant within 30 days of filing a complete application, unless the applicant consents to an extension.
E. 
If the proposal is not exempt from design review and the proposal is consolidated pursuant to BLMC § 14.30.030, the director shall review the design review application and make a recommendation to the decision maker as part of the staff report to the decision maker.
F. 
No building permit shall be issued until all related, necessary permits are approved, including appeals to the hearing examiner, unless the director(s) waives this prohibition based on the applicant signing a statement acknowledging the appeal period and agreeing to remove or modify the permitted work at the applicant's expense should an appeal result in revocation or modification of the appealed permit.
(Ord. 1505 § 4, 2015; Ord. 1533 § 4, 2016; Ord. 1644 § 2, 2020; Ord. 1745, 12/9/2025)
A. 
If a written decision is required, the decision maker for the underlying permit, as established by BLMC § 14.30.020, shall issue a written decision that shall include at least the following content:
1. 
A description of the proposed use or action;
2. 
The location of the property;
3. 
A statement regarding the status of SEPA review of the proposed actions, if applicable;
4. 
The date of the public hearing, if applicable;
5. 
A statement identifying the ordinance or criteria governing the application;
6. 
Findings of fact and conclusions supporting the decision;
7. 
The decision denying or approving the application and any conditions, if applicable. The decision maker may include in a decision any conditions of approval that are necessary to ensure that the proposal complies with all applicable development code and comprehensive plan policies;
8. 
The procedures for administrative appeal, if any; and
9. 
The duration of permit approval and a statement summarizing the applicable permit expiration and extension procedures.
B. 
A copy of the staff report prepared consistent with BLMC § 14.40.070 may serve as the final written decision; provided, that the information required pursuant to subsection A of this section is included with the copy of the staff report.
(Ord. 1505 § 4, 2015; Ord. 1745, 12/9/2025)