Town of Winthrop, WA Chapter 19.02 TYPES OF PROJECT PERMIT APPLICATIONS

§ 19.02.010 Conflicts.

In the event provisions related to open record hearings, closed record appeals and judicial appeals found in any other title or regulatory document of the town of Winthrop conflict with any provisions of this title, the provisions of this title shall supersede and control unless otherwise specified by Washington State statute. Such titles and documents may include, but are not limited to, Chapter 5.04, Chapter 15.04, Chapter 15.08, Chapter 15.12, Title 16, Title 17 and Chapter 18.04, and Chapter 7.00 of the Town of Winthrop Shoreline Master Program.

(Ord. 482 § 1 (part), 1997)

§ 19.02.020 Procedures for processing project permits.

For the purpose of project permit processing and as shown by Table 19.02.020(A), all development permit applications shall be classified as one of the following: Type I, Type II, Type III, or Type IV. Legislative decisions are Type V actions and are addressed in Section 19.02.040. Exclusions from the requirements of project permit application processing are contained in Section 19.02.060.

Table 19.02.020(A)—Permit Procedure Types I—IV
Permit Type	Recommendation By	Open Record Public Hearing?	Final Decision Made By	Appeal Body
Type I—Administrative approval. No planning commission involvement. No council involvement unless appeal is filed.
Boundary line adjustments	NA	No	Administrator	Town council (open record)
Short plat	NA	No	Administrator	Town council (open record)
Business licenses	NA	No	Town clerk/treasurer	Town council (open record)
Building permits	NA	No	Building official	None
Shoreline substantial development permit	NA	Only if the administrator or council determines that the development is one of special significance (See SMP)	Administrator, unless public hearing is held by council	Appeal of admin. decision regarding SDP goes to council. Appeal of council decisions regarding SDPs goes to State Shoreline Hearings Board
Shoreline statement of exemption	NA	No	Administrator	Town council (open record)
Floodplain development hazard	NA	No	Administrator	Town council (open record)
Qualified exemption from subdivision ordinance	NA	No	Administrator	Town council (open record)
Westernization approval	WDRB	No	WDRB	Town council (open record)
Home occupation	NA	No	Administrator	Town council (open record)
Statement of nonconformity	NA	No	Administrator	Town council (open record)
Access permits	NA	No	Public works superintendent	Town council (open record)
Type II—Administrator to planning commission; no council involvement unless appeal is filed.
Subdivision ordinance variances	Administrator	Yes, before planning commission.	Planning commission	Town council (closed record)
Type III—Recommendation by administrator and planning commission; hearings and decision by town council.
Conditional use permits	Administrator	Town council	Town council	Superior court
Variances	Administrator	Town council	Town council	Superior court
Nonconforming use variances	Administrator	Town council	Town council	Superior court
Shoreline variances	Administrator	Town council	Town council. Decision of council forwarded to Dept. of Ecology for final approval	No local appeal. Appeals can be submitted to State Shoreline Hearings Board
Shoreline conditional use permits	Administrator	Town council	Town council. Decision of council forwarded to Dept. of Ecology for final approval	No local appeal. Appeals can be submitted to State Shoreline Hearings Board
Final approval of planned development	Administrator/planning commission	No	Town council. May be referred to planning commission for further review	Superior court
Final approval of long plat	Administrator/planning commission	No	Town council. Council may send back to planning commission if final plat is significantly changed, in which case final plat approval becomes a Type IV permit	Superior court
Floodplain development variance	Administrator	Yes, before council prior to final decision	Town council	Superior court
Type IV—Recommendation by planning commission; final decision by town council.
Preliminary approval of long plats	Planning commission	Yes, before planning commission prior to making its recommendation to council	Town council	Superior court
Preliminary approval of planned developments	Planning commission	Yes, before planning commission prior to making its recommendation to council	Town council	Superior court
Rezones	Planning commission	Yes, before planning commission prior to making its recommendation to council	Town council	Superior court
Plat vacations and alterations	Administrator	Town council	Town council	Superior court

(Ord. 779 § 1 (Exh. A), 2024; Ord. 693 § 1 (Att. A), 2017; Ord. 663 § 6 (Att. A), 2014; Ord. 482 § 1 (part), 1997)

§ 19.02.030 Determination of proper procedure type.

A. Determination by Permit Administrator. Using Table 19.02020(A), Permit Procedure Types I-IV, the permit administrator[1] ("administrator") or his/her designee shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the administrator shall resolve it in favor of the higher procedure type number.

[1] In most instances the administrator shall be the planner, in others it may be the town clerk/treasurer.

B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may request that the application be processed collectively or individually. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to the subsequent lower number procedure.

C. Decision-maker(s). Applications processed in accordance with subsection B of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decision-maker(s). The town council is the highest followed by the board of adjustment, planning commission, as applicable, and then by the administrator. Joint public hearings with other agencies shall be processed according to Section 19.10.080.

(Ord. 482 § 1 (part), 1997)

§ 19.02.040 Legislative decisions.

A. Decisions. The following decisions are legislative and are not subject to the procedures in this chapter, unless otherwise specified:

1. Adoption or amendment of comprehensive plan;

2. Adoption of development regulations and amendments thereto;

3. Areawide rezones to implement new town policies;

4. Adoption of Shoreline Master Program, and amendments thereto;

5. Annexations.

B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the town council on the decisions listed in subsection A of this section. The public hearing shall be held in accordance with the requirements of Chapter 19.10.

C. Town Council. The town council may consider the planning commission's recommendation in a public hearing held in accordance with the requirements of Chapter 19.10.

D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in Section 19.06.040.

E. Implementation. The town council's decision shall become effective by passage and subsequent publication of an ordinance.

(Ord. 482 § 1 (part), 1997)

§ 19.02.050 Legislative enactments not restricted.

Nothing in this chapter or the permit processing procedures shall limit the authority of the town council to make changes to the town's comprehensive plan, or to make changes to the town's development regulations.

(Ord. 482 § 1 (part), 1997)

§ 19.02.060 Exemptions from project permit application processing.

A. Whenever a permit or approval has been designated as a Type I, II, III or IV permit by the administrator, the procedures in this title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title:

1. Street vacations:

2. Street use permits.

B. Pursuant to RCW 36.70B.140(2), building permits, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under RCW 43.21 C, the State Environmental Policy Act: and Title 18.04, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:

1. Determination of completeness: see Section 19.04.030(A):

2. Except as provided in RCW 36.70B. 140, optional consolidated project permit review processing: see Section 19.04.030B;

3. Joint public hearings: see Section 19.10.080;

4. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing: see Section 19.10.020(C);

5. Notice of decision: see Section 19.10.090;

6. Completion of project review within any applicable time periods (including the one hundred twenty day permit processing time): see Section 19.10.100.

(Ord. 482 § 1 (part), 1997)