A preapplication meeting is required prior to submitting an application for any Type B or Type C action and/or for an application for a project that may impact a critical area or its buffer consistent with Chapter 16.05 MTMC. The requirement for a preapplication meeting may be waived by the Director upon the written request of an applicant.
Applicants for development permits under Type A actions may choose to participate in preapplication meetings with the City.
Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process.
The Director shall specify submittal requirements for preapplication meetings, which shall include a critical areas worksheet and, if available, preliminary critical area reports. Generally, the more complete and accurate the information presented at a preapplication meeting is, the more detailed and complete City responses will be.
City staff are not liable for failing to inform an applicant regarding specific code requirements. It is the applicant's sole responsibility to understand City Development Code requirements.
Plans presented at the preapplication meeting are nonbinding and do not "vest" an application.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
Who May Apply.
1. 
The property owner or an agent of the owner with authorized proof of agency may apply for a Type A, B, or C action, or for a site-specific Comprehensive Plan amendment.
2. 
Prior to purchase, acquisition, or owner authorization, a public agency may apply for a Type A, B, or C action, or for a site-specific Comprehensive Plan amendment in order to develop an essential public facility for property that has been duly authorized by the public agency for acquisition or use. No work shall commence in accordance with issued permits or approvals until all of the necessary property interests are secured and/or access to the property for such work has been otherwise approved by the owner of the property.
3. 
Nothing in this subsection shall prohibit a public agency and City from entering into an agreement to the extent permitted by the Code or other applicable law.
4. 
The City Council or the Director may apply for a project-specific or site-specific rezone or for an area-wide rezone.
5. 
Any person may propose an amendment to the Comprehensive Plan except that map amendments to the Comprehensive Plan may only be initiated by a person or persons with an ownership interest in the property in question. The amendment(s) shall be considered by the City during the annual review of the Comprehensive Plan.
6. 
Any person may request that the City Council, Planning Commission, or Director initiate amendments to the text of the Development Code or mapping amendments to the Comprehensive Plan and/or Zoning Map.
7. 
Application(s) for any Type A, B, or C permits shall not be accepted and/or issued for any lot, tract, or parcel of land following the issuance of a notice and order to correct regarding activity occurring on that lot, tract or parcel of land, unless the identified violations are corrected or required to be corrected as a condition of approval and all fees or penalties satisfied prior to application except when the permit is required to obtain compliance or where an enforceable compliance plan to resolve the violation(s) has been entered into by the City.
B. 
All applications for permits or actions within the City shall be submitted on official forms prescribed and provided by the Department. At a minimum, each application shall include:
1. 
An application form with the authorized signature of the applicant.
2. 
The appropriate application fee based on the City's adopted fee schedule.
C. 
The Director shall specify submittal requirements, including type, detail, and number of copies for an application to be complete. The permit application forms, copies of all current regulations, and submittal requirements that apply to the subject application shall be made available by the Department.
D. 
It is the applicant's responsibility to learn the provisions of the Mountlake Terrace ordinances relating to the application. The ordinances are available on the City's website and at City Hall.
E. 
Absent statute or ordinance provisions to the contrary, any application for which a determination of completeness has been issued and for which no substantial steps have been taken by the applicant to provide information required by the City to meet permit approval requirements for a period of 180 days after issuance of the determination of completeness will expire and become null and void. The Director may grant a 180-day extension upon the written request of the applicant.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
An application shall be determined complete when:
1. 
It meets the procedural requirements of the City of Mountlake Terrace;
2. 
All required information for the application has been provided, and is sufficient for processing the application, even though additional information may be required. The City may, at its discretion and at the applicant's expense, retain a qualified professional to review and confirm the applicant's reports, studies and plans.
B. 
Within 28 days of receiving a permit application for Type A, B and/or C applications, the City shall mail a written determination to the applicant stating whether the application is complete or incomplete and specifying what is necessary to make the application complete. If the Department fails to provide a determination of completeness, the application shall be deemed complete on the twenty-ninth day after submittal.
C. 
If the applicant fails to provide the information required by the City within 90 days of the date of the written notice that the application is incomplete, the application shall be deemed void and shall be returned to the applicant together with 80 percent of the application fees that were submitted with the application. Time extensions may be granted by the Director upon the written request of the applicant; provided, that such requests are made prior to the 90-day expiration date.
D. 
The determination of completeness shall not preclude the City from requesting additional information or studies if new information is required or substantial changes are made to the proposed action.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
Within 14 days of the determination of completeness, the City shall issue a notice of application for all Type B and C applications.
B. 
The notice of application shall include the following information:
1. 
The dates of application, determination of completeness, and the notice of application;
2. 
The name of the applicant;
3. 
The location and description of the project;
4. 
The requested actions and/or required studies;
5. 
The date, time, and place of an open record hearing, if one has been scheduled;
6. 
Identification of environmental documents, if any;
7. 
A statement identifying the starting and ending dates of the public comment period which shall not be less than 14 days nor more than 30 days. The public comment period shall be 30 days for a shoreline substantial development permit, shoreline variance, or a shoreline conditional use permit;
8. 
A statement of the rights of individuals to comment on the application, receive notice of and participate in any hearings, request a copy of the decision (once made) and to appeal a permit decision;
9. 
The name of the City staff contact and phone number;
10. 
Identification of the development regulations used in determining consistency of the project with the City's Comprehensive Plan; and
11. 
Any other information that the City determines to be appropriate.
C. 
The notice of application shall be made available to the public by the Department, through any or all of the following methods (as specified in MTMC § 18.05.075):
1. 
Mail. Mailing to owners of real property (for site specific proposals) located within 300 feet of the subject property. Notice of application for essential public facilities, special use permits, and master development plan permits shall be mailed to property owners within 1,000 feet of the proposed site;
2. 
Post Site. Posting the property (for site-specific proposals). For Type A essential public facilities, special use permits, and master development plan permits, rezones, site specific comprehensive plan amendments, shoreline substantial and conditional development permits, and site development plans for projects containing more than 50 dwelling units, or 50,000 square feet of gross floor area for nonresidential projects enlarged notice of application signs (a minimum of four feet by four feet) as approved by the City shall be posted on all sides of the parcel(s) that front on a street. The Director may require additional signage on large or unusually shaped parcels. Specific requirements for posting signs for such major land use actions are found in Chapter 18.25 MTMC.
3. 
Newspaper. The Department shall publish a notice of the application in the newspaper of general circulation for the general area in which the proposal is located.
D. 
All comments received on the notice of application by 5:00 p.m. on the last day of the comment period shall be considered by the City in the review of the application.
(Ord. 2811 § 2 (Exh. 1), 2022)
Public notification of some Type A permit applications which are approved administratively shall be provided by a notice of administrative approval. The purpose of the notice is to inform the public of a Type A permit application. The notice shall be made as follows:
A. 
The notice shall identify the applicant, location and nature of the proposal, City contact and the deadline to request an appeal (open record hearing).
B. 
Notification shall be provided by mail, to all immediately adjacent property owners.
C. 
Notice shall be posted on site.
D. 
Notice shall be provided no less than 10 days before City approval becomes effective.
(Ord. 2811 § 2 (Exh. 1), 2022)
Notice of a public hearing for all open record hearings shall be given as follows:
A. 
Time of Notice. Except as otherwise required, notification of public hearings shall be provided no less than 10 days before the date of the public hearing and shall include the following:
1. 
Publication in the official newspaper of general circulation; and
2. 
Mailing to all property owners as shown on the records of the County Assessor and to all street addresses of properties within 300 feet of the boundaries of the property which is the subject of the meeting or pending action. Addressed, prestamped envelopes shall be provided by the applicant; and
3. 
Posting in the official City information distribution sites; and
4. 
Posting at least one notice on the subject property.
B. 
Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained.
C. 
Continuations. If, for any reason, a public hearing on a pending action cannot be completed on the date set in the public notice, the hearing may be continued to a date certain and no further notice under this section is required.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
A written notice for all final decisions, which includes threshold determinations and procedures for administrative appeals, shall be sent to the applicant, all parties of record and any person who, prior to the rendering of the decision requested notice of the decision.
B. 
For development applications requiring Planning Commission or Hearing Examiner review and City Council approval, the notice shall summarize the action taken by the decision-making body and reference where copies of the signed ordinance, resolution, meeting minutes or similar documents recording the City's decision may be available.
C. 
For the purposes of this chapter, the date on which a permit decision is issued is:
1. 
Three days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available;
2. 
If the permit decision is made by ordinance or resolution by the City Council, the date the Council passes the ordinance or resolution; or
3. 
If neither subsection (C)(1) nor (2) of this section applies, the date the decision is entered into the public record.
(Ord. 2811 § 2 (Exh. 1), 2022)
An applicant may elect to submit a consolidated project permit application. Such request shall be presented by the applicant in writing and simultaneously with submittal of all applications to be consolidated. The Director shall determine the appropriate procedures for consolidated review and actions. Application for consolidated permit process shall only include Type A, B and C permit actions. Public hearings required for a consolidated permit application shall be conducted by the Hearing Examiner. Type D permit actions are legislative in nature and shall be completed prior to any permit review activity of Type A, B or C permit actions.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
For Type A, B or C permit applications, the City shall take every reasonable action to arrive at a permit decision within 120 days from the date that the application was deemed to be complete. Exceptions to this 120-day time limit are:
1. 
Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the City determines the revised application to be complete.
2. 
The time required to prepare and issue a draft and final Environmental Impact Statement (EIS) in accordance with the State Environmental Policy Act.
3. 
Any period for administrative appeals of project permits.
4. 
An extension of time mutually agreed upon in writing by the Department and the applicant.
5. 
Amendments to the Comprehensive Plan or Code.
6. 
Projects involving the siting of an essential public facility.
7. 
A remand.
8. 
Any time required to obtain a variance, unless a variance application is consolidated with the project review.
B. 
The time limits set for Type A, B, and C actions do not include:
1. 
Any period of time during which the applicant has been requested by the Department to correct plans, perform studies or provide additional information. This period of time shall be calculated from the date the Department notifies the applicant of the need for additional information, until the date the Department determines that the additional information satisfies the request for such information or 14 days after the date the information has been provided to the Department, whichever is earlier.
2. 
If the Department determines that the additional information submitted to the Department by the applicant under subsection (B)(1) of this section is insufficient, the Department shall notify the applicant of the deficiencies, and the procedures provided in subsection (B)(1) of this section shall apply as if a new request for studies has been made.
C. 
If the Department is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of decision.
(Ord. 2811 § 2 (Exh. 1), 2022)
Except for subdivisions, master development plans and special use permits for public agency uses or where a different duration of approval is indicated in this Code, vested status of an approved land use permit under Type A, B, and C actions shall expire two years from the date of the City's final decision, unless an application for completion of the permitted action is filed before the end of the two-year term. An application that would complete the development contemplated in the permitted action in most cases would be a building permit, but may also be a site development permit, a grading permit or a similar approval that would authorize the construction activity contemplated in the Type A, B or C action. In the event of an administrative or judicial appeal, the two-year term shall not expire. Continuance of the two-year period may be reinstated upon resolution of the appeal.
If a complete development permit application is filed before the end of the two-year term, the vested status of the permit shall be automatically extended for the time period during which the development permit application is pending prior to issuance; provided, that if the development permit application expires or is canceled, the vested status of the permit or approval under Type A, B, and C actions shall also expire or be canceled. If a building permit is issued and subsequently renewed, the vested status of the subject permit or approval under Type A, B, and C actions shall be automatically extended for the period of the renewal.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
Intent and Purpose. The intent and purpose of this section is to establish minimum performance criteria to allow consideration by the Planning Department of time extensions for conditions of approval associated with land use applications and authorizations. All requests for time extensions must be made to the Planning Department in writing and be accompanied by the required fee, prior to the expiration of the initial time limit.
B. 
Review by Decision-Making Body. After reviewing the proposed time extensions, the Planning Department may, at their discretion, refer the item to the decision-making body that granted prior approval of the land use application, for their review and consideration.
C. 
Extension Criteria.
1. 
The application may be extended for a time period not to exceed one year, if:
a. 
Unforeseen circumstances or conditions necessitate the extension; and
b. 
An extension will not cause substantial detriment to existing uses in the immediate vicinity of the subject property; and
c. 
The SEPA environmental determination for the proposal has been reevaluated and reaffirmed and, if necessary, adequate mitigation measures added in order to minimize any potential adverse impact associated with the proposed time extension.
2. 
The Planning Department, or their assignee, may grant no more than two extensions on any single land use permit approval. A second extension may be granted only if:
a. 
The criteria listed in subsection (C)(1) of this section are met; and
b. 
The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and
c. 
Conditions in the immediate vicinity of the subject property have not changed substantially since the application was first approved.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
An approved land use permit may be revoked by the Planning Department based on any one or more of the following grounds:
1. 
That the approval of the application was based on misinformation;
2. 
That the use for which an approval was granted has ceased to exist, or has been suspended or abandoned for one year;
3. 
That the application granted is being used contrary to the terms or conditions of an approval, or in violation of this title or law;
4. 
That the use for which the approval was granted became detrimental to the public health, safety, or welfare, or so as to constitute a nuisance.
B. 
The Planning Department shall notify the land use permit holder in writing by certified mail of the revocation of his/her/its land use permit and the grounds therefor.
C. 
The affected land use permit holder may, within 10 days after receipt of such notice of revocation, appeal to the Hearing Examiner by filing a written notice of appeal setting forth the grounds therefor with the secretary to the Hearing Examiner and the secretary shall set a date within 20 days for the hearing of such appeals before the Hearing Examiner, and the secretary shall notify the permit holder by mail of the time and place of hearing. After the hearing thereon, the Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the revocation and reinstate the land use permit, and may impose any terms upon the continuance of the land use permit which, to the Hearing Examiner, may seem advisable. Such decision of the Hearing Examiner is appealable to the Superior Court of Snohomish County. No revocation of a land use permit shall take effect until 10 days after receipt of the notice thereof by the permit holder and if appeal is taken as herein prescribed the revocation shall be stayed pending final action by the Hearing Examiner. Exception: If the land use permit allows activity on the site or in site conditions potentially life threatening or injurious, access to the site or the permitted use shall cease until the dangerous condition is corrected or the appeal is addressed.
(Ord. 2811 § 2 (Exh. 1), 2022)