Part III Administrative Review Procedures

The purpose of this section is to provide an overview of the six levels of land use review. Land use and development decisions are classified into six processes based on who makes the decision, the amount of discretion exercised by the decision maker, the level of impact associated with the decision, the amount and type of input sought, and the type of appeal opportunity.

Classification of Permits and Decisions.

Type I Review - Administrative Decisions without Notice. A Type I process is an administrative review and decision by the appropriate department or division. Applications reviewed under the Type I process are minor administrative decisions and are exempt from certain administrative procedures, such as complete application review, noticing, and decision time frames. Appeals of Type I decisions are made to the Hearing Examiner, except shoreline permit appeals are made to the Shoreline Hearings Board. The permits and actions reviewed and decided as Type I are listed in the table in subsection (d) of this section.

Type II Review - Administrative Decisions with Notice. A Type II process is an administrative review and decision with recommendation from staff, City departments or others and requiring public notice at the application and/or decision stages of the review. Appeals of Type II decisions are made to the Hearing Examiner, except shoreline permit appeals are made to the Shoreline Hearings Board. The permits and actions reviewed and decided as Type II are listed in the table in subsection (d) of this section.

Type III Review - Quasi-Judicial Decisions - Hearing Examiner. This Type III process is a quasi-judicial review and decision by the Hearing Examiner. The Hearing Examiner makes a decision based on a staff report. The Hearing Examiner considers public testimony received at an open record public hearing. Public notification is provided at the application, public hearing, and decision stages of application review. Appeals of Hearing Examiner decisions are made to Snohomish County Superior Court, except shoreline permit appeals are made to the Shoreline Hearings Board. The permits and actions reviewed and decided as Type III are listed in the table in subsection (d) of this section.

Type IV Review - Quasi-Judicial Decisions - City Council with Hearing Examiner Recommendation. A Type IV process is a quasi-judicial review and recommendation by the Hearing Examiner and a decision by the City Council. The Hearing Examiner considers public testimony received at an open record public hearing. The City Council makes a decision based on a recommendation from the Hearing Examiner during a closed record public meeting. Public notification is provided at the application, public hearing, and decision stages of application review. There is no opportunity for an administrative appeal. Appeals of City Council decisions are made to Snohomish County Superior Court. The permits and actions reviewed and decided as Type IV are listed in the table in subsection (d) of this section.

Type V Review - Quasi-Judicial Decisions - City Council. A Type V process is a quasi-judicial review and decision by the City Council. Public notification is provided at the application, public hearing (if any), and decision stages of application review. There is no opportunity for an administrative appeal. Appeals of City Council decisions are made to Snohomish County Superior Court. The permits and actions reviewed and decided as Type V are listed in the table in subsection (d) of this section.

Type VI Review - Legislative Decisions - City Council with Planning Commission Recommendation. A Type VI review is for legislative and/or nonproject decisions by the City Council under its authority to establish policies and regulations regarding future private and public development and management of public lands. The Planning Commission makes a recommendation to the City Council. The Planning Commission will conduct a public hearing to obtain public testimony on the proposed legislation. The City Council may elect to conduct an additional public hearing. The actions reviewed and decided as Type VI are listed in the table in subsection (d) of this section.

Permits and Actions Not Listed. If a permit or land use action is not listed in Table 14.16A-I, the Planning Director shall make the determination as to the appropriate review procedure.

Permit-Issuing Authority and Appeal Authority. The permit-issuing authority and appeal authority for permit applications and legislative actions are established in Table 14.16A-I. A detailed explanation for each review procedure is in Chapter 14.16B under each part for each review type.

Table 14.16A-I: Classification of Permits and Decisions
Type of Review	Land Use Actions and Permits	Recommendation By	Public Hearing Prior to Decision	Permit-Issuing Authority	Administrative Appeal Body and Hearing
TYPE I Administrative without Public Notice	• Administrative Deviation	None	None	Department director or designee	Hearing Examiner, except shoreline permits to State Shoreline Hearings Board, and Open Record
	• Administrative Modifications
	• Adult Family Home
	• Associated Land Use Determinations
	• Boundary Line Adjustments
	• Change of Use
	• Code Interpretations
	• Concurrency Certification
	• Events
	• Floodplain Development Permits
	• Home Occupations
	• Legal Lot Status Determinations
	• Master Sign Program
	• Minor Land Disturbance
	• Mobile Food Vendors
	• Multifamily Tax Exemption
	• Pasture Plan
	• Reasonable Use Exceptions
	• Short-Term Rentals
	• Signs
	• Site Plan Review
	• Temporary Uses
	• Waste Management Plan
	• Zoning Verification Letter
TYPE II Administrative with Public Notice	• Administrative Conditional Use	None	None	Planning Director or designee	Hearing Examiner, except shoreline permits to State Shoreline Hearings Board, and Open Record
	• Administrative Variance
	• Binding Site Plan
	• Bridge Housing
	• Binding Site Plan Revision
	• Major Land Disturbance (with or without Class IV Forest Practices)
	• Planned Action Certification
	• SEPA Review (early or when not combined with another permit)
	• Shoreline Substantial Development
	• Short Subdivision, Preliminary
	• Short Subdivision, Alterations
	• Short Subdivision, Final
	• Short Subdivision, Vacation
	• Subdivision, Minor Alteration
	• Subdivision, Final
	• Temporary Encampment (as modified by Section 14.44.038)
TYPE III Quasi-Judicial, Hearing Examiner	• Conditional Use	Planning Director or designee	Open Record	Hearing Examiner	Superior Court, except shoreline permits to State Shoreline Hearings Board, and Closed Record
	• Subdivision, Preliminary
	• Shoreline Conditional Use
	• Shoreline Variance
	• Variance
	• Subdivision, Major Alteration
TYPE IV Quasi-Judicial, City Council with Hearing Examiner Recommendation	• Essential Public Facilities	Hearing Examiner with Open Record Hearing	Closed Record	City Council	None, appeal to Superior Court
	• Planned Neighborhood Developments
	• Rezone - Site-Specific Zoning Map Amendments
	• Secure Community Transition Facilities
TYPE V Quasi-Judicial, City Council	• Plat Vacations	Planning Director or designee	Open Record	City Council	None, appeal to Superior Court
TYPE V Quasi-Judicial, City Council	• Right-of-Way Vacations	Planning Director or designee	Open Record	City Council	None, appeal to Superior Court
TYPE VI Legislative, City Council with Planning Commission Recommendation	• Comprehensive Plan Amendments, Map and Text	Planning Commission with Open Record Hearing	Open Record	City Council	Growth Management Hearings Board and Closed Record
	• Development Agreements
	• Land Use Code Amendments
	• Rezones - Area-Wide Zoning Map Amendments

§ 14.16A.215 Land Use Permits Required.

Associated Land Use Determinations. Associated land use determinations are decisions that need to be made as part of another land use action or permit review, as set forth in Table 14.16A-II. Each type of determination has a separate review process determined by the Planning Director or Public Works Director, except design review, which is reviewed for compliance with city design review regulations pursuant to Section 14.16C.050. Associated land use determinations shall follow the appeal path for Type I reviews pursuant to Section 14.16B.710.

Table 14.16A-II: Associated Land Use Determinations
Associated Land Use Determinations
• Design Review
• EDDS Deviations
• Construction Plan Approval
• Miscellaneous Administrative Determinations
• Frontage Improvement Waiver
• Underground Utility Deviations

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 855, Sec. 5, 2011; Ord. 860, Sec. 3, 2011; Ord. 876, Sec. 9, 2012; Ord. 903, Sec. 8, 2013; Ord. 969, Sec. 3, 2016; Ord. 1015, Sec. 4 (Exh. C), 2018; Ord. 1023, Sec. 2 (Exh. A), 2018; Ord. 1068, Sec. 2 (Exh. B), 2019; Ord. 1139, Sec. 3, 2023; Ord. 1179, Sec. 7, 2024; Ord. 1211, 12/9/2025; Ord. 1209, 12/16/2025)

Prior to building construction or alteration, substantial change of use, land clearing, or grading, the property owner is required to obtain a land use permit for the proposal.

Whenever a proposed project requires more than one land use permit, the permits will be processed simultaneously using the consolidated permit process specified in Section 14.16A.220(g).

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

§ 14.16A.220 Application Procedures.

This section describes the requirements for making application for review, including pre-application conferences, submittal requirements, and fees.

Applications for development permits and other land use actions shall be made to the Department of Planning and Community Development, except Type I applications shall be made to the department which has the decision making authority (see Section 14.16A.210(d)).

The property owner or any agent of the owner with authorized proof of agency may apply for a permit or approval under the type of process specified. Consent to the application must be made by the owners or lessees of property or persons who have contracted to purchase property. Signatures by agents of these parties may be accepted, if a letter from the party with ownership interest is submitted which authorizes the agent to sign the application in their name.

Pre-Application Conferences.

To achieve efficient and effective application of the requirements of this title, a pre-application conference between the applicant and the City staff is required for projects needing a conditional use permit, planned action certification and planned neighborhood developments.

Pre-application conferences are highly recommended for applications requiring Type III, IV or V reviews, and/or design review. Pre-application conferences are optional for applications requiring Type I, II and VI reviews.

Prior to submitting an application, the applicant may arrange a conference with Planning and Public Works staff to review the proposed action, to become familiar with City policies, plans and development requirements and to coordinate all necessary permits and procedures. Pre-application procedures and submittal requirements shall be determined by the Planning Director and available in the Department of Planning and Community Development.

Since it is impossible for the 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 law.

To request a pre-application conference, an applicant shall submit a set of preliminary plans to the City. The amount and quality of the information submitted is up to the applicant; however, better information provided initially is more likely to result in better feedback and discussion with planning staff. At a minimum, the plans should include a basic layout of the proposal, including circulation, lot patterns and building locations, location of critical areas, and other site constraints.

Submittal Requirements.

The Planning Director shall specify submittal requirements, including type, detail, and number of copies, for an application to be complete. Submittal requirements for each permit application shall be available in the Department of Planning and Community Development. At a minimum the following shall be submitted with new applications:

General application form;

Applicable fees;

Environmental checklist (if not exempt);

Applicable signatures, stamps or certifications;

(v)

All required items stated in the applicable development handouts.

The Planning Director may waive in writing specific submittal requirements determined to be unnecessary for review of an application. Alternatively, the Planning Director may require additional material, such as maps, studies, or models, when the Planning Director determines such material is needed to adequately assess the proposed project and submits the request in writing to the applicant.

Applications for shoreline substantial development permits shall include submittal of the supplemental requirements set forth in Chapter 7 of the Shoreline Master Program and shoreline permits application materials.

Determination of Complete Application.

The presumption established by this title is that all of the information set forth in the specified submittal checklists is necessary to satisfy the requirements of this section. However, each development is unique, and therefore the Planning Director may request additional information, if necessary, or may waive certain items if it is determined they are not necessary to ensure that the project complies with City requirements.

The Planning Director shall make a determination of completeness pursuant to Section 14.16A.230(c).

(g)

Consolidated Permit Process.

When applying concurrently for a development that involves two or more related applications, individual permit numbers shall be assigned and separate permit fees shall be paid, but the applications shall be reviewed and processed collectively. A consolidated report setting forth the recommendation and decision shall be issued.

Applications processed in accordance with subsection (g)(1) 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 City Council is the highest, followed by the Hearing Examiner and then Administrative.

No hearing or deliberation upon an application for a conditional use permit, subdivision, variance, planned neighborhood development, site plan review, administrative conditional use permit, shoreline permit, or similar quasi-judicial or administrative action, which is inconsistent with the existing Zoning Map, shall be scheduled for the same meeting at which the required Zoning Map amendment will be considered by the Hearing Examiner or the City Council. This section is intended to be a procedural requirement applicable to such actions as noted in RCW 58.17.070.

(h)

Application and Inspection Fees. Fees are set forth in a separate fees resolution adopted by the City Council.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 876, Sec. 10, 2012; Ord. 898, Sec. 2, 2013; Ord. 1015, Sec. 4 (Exh. C), 2018; Ord. 1068, Sec. 2 (Exh. B), 2019)

§ 14.16A.225 Noticing Requirements.

Mailed Notices and Postcard Notices.

Mailings shall include a mailed notice or postcard notice to owners of real property within 300 feet of the project site, or 20 property owners (whichever results in more property owners being noticed), including the project name and number and the following information. Mailings may provide a website address where detailed information is available for viewing. Mailings shall include the following information or Internet addresses to the following information:

The date of application and the date of the notice of application;

A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;

The identification of other permits not included in the application, to the extent known by the City;

The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

(v)

A statement of the limits of the public comment period;

(vi)

A statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a hearing, if applicable, request a copy of the decision once made, and any appeal rights;

(vii)

The date, time, place and type of meeting or hearing, if applicable, and if it is scheduled at the date of notice of the application;

(viii)

A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation;

(ix)

A map depicting the boundaries of the project site and, when applicable, a site map showing the proposal or website address where maps can be viewed;

(x)

A statement announcing the City's goal of complying with the intent of the Americans with Disabilities Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD services;

(xi)

Any other information determined appropriate by the City, such as the City's threshold determination, if complete at the time of issuance of the notice of application.

Mailings will be sent to adjacent jurisdictions if the proposed development is within one-quarter mile of the jurisdiction's boundary; the State Department of Transportation if the proposed development is adjacent to a State highway; and to all other agencies with jurisdiction.

Mailings shall also include the mailed or emailed notice of application or postcard notice including at least the information required in subsection (a)(1) of this section to each person who has requested such notice.

No proceeding of any procedure established in this chapter shall be found to be invalid for failure to provide mailed notice as required in this section as long as the other methods of notice have met their respective requirements and there was a good faith attempt to comply with the mailed notice requirements.

The records of the Snohomish County Assessor's office or title company shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the Snohomish County real property tax records.

All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.

Posted Notices.

On-Site Posting. At least one public notice board shall be posted on the site on each public right-of-way fronting on the site. The sign shall be erected in a manner that is accessible and easy to read by the general public. The Planning Director shall establish standards for size, color, layout, design, wording and placement of the notice boards, which generally shall consist of the items listed in subsection (a)(1) of this section. The Department of Planning and Community Development will provide prepared signs for on-site posting to the applicant. The applicant is responsible for posting the on-site notice and submitting a signed affidavit of on-site posting with a photo of each on-site notice.

Public Posting. A public notice shall also be posted on the official notice board at City Hall.

Special Posting for Major Land Use Actions. In addition to the general notice requirements set forth in subsections (a) and (b)(1) of this section, major land use actions shall comply with the following extraordinary signage requirements (see Section 14.16B.315(d)(3)):

Sign Size and Placement. Each sign shall be two feet by two and one-half feet in size, placed no closer than five feet from the right-of-way, visible from each public street on which the subject property has frontage, and placed outside the sight distance triangle.

Content of Notice. Signs shall be prepared using templates or attachable letters. Hand lettered signs are not acceptable. The required sign shall include:

The title "Notice of Land Use Application";

A graphic or written description of the site boundaries;

Type of action/application (preliminary plat, etc.);

The date of public hearing;

The name and telephone number of the Department of Planning and Community Development;

City of Lake Stevens logo;

Other information as the Planning Director may determine to be necessary to adequately notify the public of the pending land use application.

Responsibility for Installation and Removal.

The applicant shall be solely responsible for the construction, installation, and removal of the sign(s) and the associated costs.

The sign(s) shall be erected at least 10 days prior to the public hearing. The applicant shall sign an affidavit, stating that the sign(s) were installed and the date and posting of property. Photos of each sign shall also be submitted with the affidavit.

The sign(s) shall be removed immediately following final action by the Hearing Examiner.

If the sign is removed prior to the final action, the applicant is responsible for immediate replacement of the sign.

Responsibility for Notice. The Planning Director is responsible for providing published legal notices, mailed notices, and posted notices at City Hall. The applicant is responsible for complying with on-site posted notice requirements.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 903, Sec. 9, 2013; Ord. 1015, Sec. 4 (Exh. C), 2018)

§ 14.16A.230 Time Frames for Review.

Purpose. RCW 36.70B.070 and 36.70B.080 establish determination of completeness procedural requirements and maximum review time frames to ensure that project permit applications are reviewed and processed in a timely and predictable manner. This subsection establishes the time frames and procedures for a determination of completeness and final decision for Type I, II, III, IV or V reviews identified in Tables 14.16A-I and 14.16A-II. No time frames or completeness requirements are established by these statutes for Type VI legislative reviews.

Computing Time. All time frames are indicated as calendar days, not working days. For the purposes of computing time, the day the determination or decision is rendered shall not be included. The last day of the time period shall be included. Applications submitted electronically during non-working hours (weekdays from 5:00 p.m. to 8:00 a.m., weekends, and holidays) shall be considered to have been submitted the following business day.

Determination of Completeness Process. The following procedures shall be applied to new applications requiring Type I, II, III, IV, or V reviews. Applications requiring Type VI review are excluded from this requirement.

An application is considered complete for the purposes of this section when:

The application meets the submittal requirements listed on the applicable project permit application, including supplemental handouts and checklists; and

The application fee for the applicable project permit application(s) as listed in the city's current fees resolution has been paid.

The determination of completeness signifies that the application provides sufficient information to process. It shall not preclude the Planning Director (or their designee) from requesting additional information or studies if new information is required to complete review of the application or substantial changes in the permit application are proposed.

Within 28 days after receiving an application, the Planning Director or their designee shall mail, email, fax, or otherwise provide to the applicant a written determination that the application is complete, or that the application is incomplete, and what is necessary to make the application complete. The applicant has 90 days to submit the necessary information to the City.

Type I applications shall not require the issuance of a written determination of completeness and shall be considered complete upon meeting the requirements in subsection (c)(1) of this section.

If a Type I application fails to provide information as required in subsection (c)(1) of this section, a notice of incompleteness shall be issued within 28 days.

If the Planning Director or their designee does not provide a written determination within the 28 days, the application shall be considered complete at the end of the twenty-eighth day.

If additional information is needed to make the application complete, the Planning Director shall notify the applicant whether the application is complete or what additional information is necessary within 14 days after an applicant has submitted the information identified by the Planning Director as being needed.

To the extent known by the City, other agencies with jurisdiction over the project permit application shall be identified in the City's determination of completeness required by subsections (c)(1) through (c)(5) of this section.

(7)

For Type II, III, IV, and V applications, the notice of application shall be provided within 14 days after the determination of completeness, pursuant to RCW 36.70B.110 and Chapter 14.16B LSMC.

Application Review and Decision Time Frames.

Final decisions on project permit applications shall not exceed the following time frames from the date of the determination of completeness, unless the applicant and the City mutually agree in writing to extend the time period or the application is covered by subsections (d)(2) through (d)(5) of this section:

Type I Reviews: 65 days.

Type II Reviews: 100 days.

Type III, IV and V Reviews: 170 days.

Preliminary Plats. Pursuant to RCW 58.17.140, preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing thereof unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3). The 90-day period shall not include the time spent preparing and circulating an environmental impact statement by the local governmental agency. Preliminary plat applications that are reviewed concurrently with a Type II-V application shall be subject to the timelines established in subsection (d)(1) of this section.

Final Plats and Short Plats. Pursuant to RCW 58.17.140, final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period.

Consolidated reviews of multiple project permit applications shall be subject to LSMC § 14.16A.220(g), and the time period for a final decision shall be the longest of the permit time periods identified in subsections (d)(1) and (d)(2) of this section.

Appeals. The time period for consideration and decision on appeals shall not exceed 90 days for an open record appeal hearing and 60 days for a closed record appeal. The parties may agree in writing to extend these time periods. Any extension of time mutually agreed upon by the applicant and the City shall be in writing.

Exemptions. The time limits established in this title do not apply if a project permit application:

Requires an amendment to the Comprehensive Plan or a development regulation;

Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;

Is reviewed as a Type VI permit;

Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete;

(v)

Is listed in RCW 36.70B.140.

Calculating Decision Time Frame. In determining the number of days that have elapsed after the City has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of final decision, the following periods shall be excluded:

Any period during which the applicant has been requested by the City to correct plans, perform required studies, or provide additional required information. If the City determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies. The period shall be calculated from the date the City notifies the applicant of the need for additional information until the date responsive information is resubmitted by the applicant to the City.

Any period after an applicant informs the city in writing that they would like to temporarily suspend review of the application until the time that the applicant notifies the city in writing that they would like to resume the application.

Any period an administrative appeal is filed until the appeal is resolved and any additional time period provided by the administrative appeal has expired.

Any extension of time mutually agreed upon by the applicant and the City.

§ 14.16A.235 Modifications to Approved Permits.

The time for issuing a decision on a project permit application shall start over if an applicant proposes a change in use that adds or removes residential components from the original application that would make the application fail to meet the determination of procedural requirements for the new use.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018; Ord. 1192, Sec. 2, 2024; Ord. 1211, 12/9/2025)

Administrative modifications are reviewed and approved pursuant to Section 14.16C.025.

All other requests for changes in approved permits will be processed as new applications.

The Planning Director shall determine whether modifications of permits fall within the categories set forth above in subsections (a) and (b) of this section. However, the Planning Director shall provide the original permit issuing authority with a report on the modification and request feedback within 21 days from that authority as to the appropriateness of the determination.

§ 14.16A.240 Vacation of Approved Permits and Variances.

An applicant requesting approval of changes shall submit a written request for such approval to the Planning Director, which request shall identify the changes. Approval of all changes must be given in writing.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

Requests to vacate a permit or variance shall be made in writing to the Department of Planning and Community Development.

The Planning Director may vacate the permit or variance if the following conditions are present:

The use authorized by the permit or variance does not exist and is not actively being pursued; or

The use has been terminated and no violation of the terms and the conditions of the variance or permit exists.

§ 14.16A.245 Expiration of Inactive Applications.

Vacation of any permit or variance shall be documented by the filing of a notice of land use permit or variance vacation with the County Auditor on a form provided by the Department of Planning and Community Development.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

An application shall expire 180 days after the last date that additional information is requested, if the applicant has failed to provide the information, except that:

The Planning Director may grant one 90-day extension if the following criteria are met:

A written request for extension is submitted at least 30 days prior to the expiration date;

The applicant demonstrates that circumstances beyond the control of the applicant prevent timely submittal of the requested information; and

The applicant provides a reasonable schedule for submittal of the requested information.

The Department may set an expiration date of less than 180 days when the permit application is the result of a code enforcement action. Permit application expiration does not affect permits under code enforcement action.

No application shall expire when under review by the Department following submittal of a complete application or timely resubmittal of an application when all required information has been provided.

The Department may extend an expiration date for an application with no written request from an applicant when additional time for City processing or scheduling of appointments is required, when the Department needs information or responses from other agencies, or under other similar circumstances.

§ 14.16A.250 Expiration of Approvals and Approved Permits.

A permit application approved for issuance, but not paid for and issued, shall expire 90 days after the date it is approved for issuance.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

Land use approvals/permits other than subdivisions or shoreline permits shall expire automatically within one year after the issuance of such permits, if:

The use authorized by such permits has not commenced, in circumstances where no substantial construction, excavation or demolition is necessary before commencement of such use; or

Less than 10 percent of the total cost of all construction, excavation or demolition of the approved development has been completed.

Land use permits other than subdivisions shall also expire automatically if construction, grading or excavation is commenced but such work is discontinued for a period of one year.

Shoreline Development Permits. Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a substantial development permit. However, the City may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the Department of Ecology. (RCW 90.58.143(2))

For land use permits other than preliminary short subdivisions, subdivisions and sign permits:

The Planning Director may grant one six-month extension to a permit upon showing proper justification, if:

The extension is requested at least 30 calendar days before the permit expires;

The permittee has proceeded with due diligence and in good faith; and

The zoning designation of the property has not changed.

Proper justification consists of one or more of the following conditions:

Economic hardship;

Change of ownership;

Unanticipated construction and/or site design problems;

Other circumstances beyond the control of the applicant and determined acceptable by the appropriate department director.

Preliminary short subdivision and subdivision approvals shall expire automatically if, within five years after the issuance of such approvals:

The final plat or short plat has not been submitted to the City for approval; or

An extension has not been granted. The Planning Director may approve a single one-year original extension to the approval, if:

The request was delivered in writing to the Planning Department at least 30 calendar days prior to the approval's expiration and meets one of the proper justifications listed in subsection (d)(2) of this section;

The permittee has proceeded with due diligence and in good faith to complete the plat; and

Conditions have not changed so substantially as to warrant a new application.

Additional Extension of Original Approvals for Preliminary Short Subdivisions, Preliminary Subdivisions, Conditional Use Permits, Special Use Permits, Zoning Permits, and Site Plans.

After requesting and receiving the original permit extension provided in subsection (d) or (e) of this section, a permittee or his or her successors may request of the Planning Director six months prior to expiration of permit extension a one- or two-year extension as provided in subsections (f)(3) and (4) of this section for an extension above the original extension request in subsection (e) of this section, provided all other requirements of this section are met including:

Filing with the Planning Director a sworn and notarized declaration that substantial work has not commenced as a result of adverse market conditions and an inability of the applicant to secure financing;

Paying applicable permit extension fees;

Paying all outstanding invoices for work performed on the permit review; and

There are no substantial changes in the approved plans or specifications.

The total combined time period for any preliminary short subdivision or preliminary subdivision may be extended by the Planning Department under this section and shall not exceed a total extension of two years for a total of seven years' approval; except for approvals dated on or before December 31, 2007, shall not exceed a total extension of five years by requesting additional one- or two-year extensions. The total combined time period for any conditional use permit, special use permit, zoning permit, or site plan may be extended by the Department under this section and shall not exceed a total extension of one and one-half years.

The one-year original extension of preliminary short subdivisions and preliminary subdivisions established in subsection (e) of this section may be further extended by up to an additional four years for original approvals prior to December 31, 2007, and up to an additional two years for original approvals prior to March 31, 2010. Associated permit approvals before December 31, 2014, including construction plans, clearing and grading permits, rezones, right-of-way construction, sidewalk and street deviations, and building permits shall be automatically extended for the same period subject to subsection (f)(2) of this section.

The six-month extension of conditional use permits, special use permits, zoning permits, and site plans established in subsection (d) of this section may be further extended by up to an additional one year for original approvals prior to March 31, 2010. Associated permit approvals before March 31, 2010, including construction plans, clearing and grading permits, rezones, right-of-way construction, sidewalk and street deviations, and building permits shall be automatically extended for the same period subject to subsection (f)(5) of this section.

Related shoreline development permit time requirements may not be extended past the allowed limits in WAC 173-27-090 and RCW 90.58.143.

Permits are vested to the codes in effect at the time of original approval.

(g)

Construction Plan Approvals.

Construction plans for projects reviewed under the development code shall be approved for a period of 60 months from the date the City signs the plans or until expiration of the preliminary plat, preliminary short plat, binding site plan, conditional use permit, or site plan approval. If the construction plan is not connected to another permit, it shall expire in one year with one six-month extension allowed.

The City may grant an extension of up to 12 months if substantial progress has been made by the applicant to complete construction of the approved project. Extensions shall be considered on a case-by-case basis by the Public Works Director or designee and will require a letter to be submitted to the City requesting the extension at least 30 calendar days prior to the approval's expiration. Said letter shall demonstrate that the project has made substantial construction progress, the reason for the extension request, and an estimated timeline for completion of construction.

§ 14.16A.255 Revocation of Approved Permits.

When the approval period or any extension thereof expires, the City's approval of the construction plans shall be deemed automatically withdrawn. In order to receive further consideration by the City after such expiration and automatic withdrawal, construction plans must be resubmitted and must comply with the current code requirements.

(h)

Once the time period and any extensions have expired, approval/permit shall terminate and the application is void and deemed withdrawn.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 903, Sec. 10, 2013; Ord. 1015, Sec. 4 (Exh. C), 2018)

The hearing entity may revoke an approved permit through the same approval and/or hearing procedures for the original approval.

An approved permit may be revoked only upon finding that:

The use for which the approval was granted has been abandoned for a period of at least one year;

Approval of the permit was obtained by misrepresentation of material fact; or

§ 14.16A.260 Public Meetings and Public Hearings.

The permit is being exercised contrary to the terms of approval.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

This section sets forth procedures for public meetings and hearings in addition to processes set forth in each of the review types in Chapter 14.16B.

Public Meetings. The purpose of a public meeting is to provide the public with the opportunity to learn about a project and/or the City, a board or panel, or decision maker to ask questions for a better understanding of a project. Meetings are not as formal as a hearing, do not require public testimony, and are not required to be taped. Public meetings may be required for Type III, IV or V reviews.

Public Hearings. The purpose of having hearings is to provide decision makers with an opportunity to obtain additional information and to provide the public with an opportunity to introduce that information and to make their views known. Public hearings are required for Type III, IV, V, and VI reviews. When this title or State law requires a hearing, the following shall apply:

A verbatim record shall be kept;

Those present shall be given the opportunity to testify;

The hearing authority shall be allowed to ask questions of those testifying;

The hearing shall be conducted to ensure fairness to all parties;

The hearing authority may subpoena witnesses; and

A hearing may be kept open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six months or more elapses between meeting dates.

Notices of public meetings or hearings shall include the following information:

The date, time, and place of the hearing.

Location of the site.

A brief description of the request, and any proposed modifications or variances.

Applicant's name.

Project name and file number and a statement of its availability for inspection by the public.

A statement of the right of any person to submit written testimony to the appropriate permit-issuing authority and to appear at the public hearing to give testimony orally.

(7)

A statement that only persons who submit written or oral testimony to the permit-issuing authority may appeal the decision.

(8)

Burden of Proof/Testimony.

The burden of presenting evidence to the permit-issuing entity sufficient to lead it to conclude that the application should be approved, conditioned, or denied shall be upon the party advancing the position.

All persons in attendance that wish to testify shall be sworn in.

All findings and conclusions necessary to the issuance of a decision shall be based upon reliable evidence.

Joint Public Meetings or Hearings.

Approval Authority's Decision to Combine Joint Hearing. At the applicant's request, the approval authority may combine any public hearing on a project permit application with any hearing that may be held by another local, State, regional, Federal, or other agency, on the proposed action, as long as:

The hearing is held within the City limits; and

The requirements of subsection (f)(3) of this section are met. (RCW 36.70B.110(7))

Applicant's Request for a Joint Meeting or Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. (RCW 36.70B.110(7))

Prerequisites to Joint Public Meeting or Hearing. A joint public hearing may be held with another local, State, regional, Federal or other agency and the City, as long as:

The other agency is not expressly prohibited by statute from doing so; (RCW 36.70B.110(8))

Sufficient notice of the meeting or hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule;

The agency has received the necessary information about the proposed project from the applicant in enough time to hold its meeting or hearing at the same time as the local government hearing; and

The meeting or hearing is held within the geographic boundary of the local government.

(g)

Modification of Application at Hearing.

In response to questions or comments by the decision maker or public at the hearing, the applicant may offer to modify the application, including the plans and specifications submitted.

If the modifications are such that the decision maker, staff or public cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans available for review, the decision making entity may continue the hearing and direct the applicant to prepare revisions or approve the application with conditions deemed necessary to ensure the proposal meets the approval criteria.

In order to approve the modifications at the meeting, the modifications must be such that they clearly would not require reevaluations of the SEPA checklist and traffic report, additional public notice, and additional agency review. An additional review deposit may be required, if the additional review is expected to incur costs in excess of the previous deposit(s).

(h)

Record.

Tape recordings shall be made of all hearings required by this title, and such recordings shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. The written decision of a Hearing Examiner shall meet the requirement for minutes of the Hearing Examiner public hearing.

Whenever practicable, all documentary evidence presented at a hearing, as well as all other types of physical evidence, shall be made a part of the record of the proceedings and shall be kept by the City for at least two years.

(Ord. 811, Sec. 2 (Exh. 1), 2010; Ord. 1015, Sec. 4 (Exh. C), 2018)

§ 14.16A.265 Appeals.

This section sets forth procedures for appeals, in addition to any specific procedures set forth in each of the review types in Chapter 14.16B.

Processing of Appeals. Appeals of decisions on project permit decisions shall be processed according to the procedures outlined in each of the review types in Chapter 14.16B. The decision maker on the appeal may reverse or affirm or modify the decision, if it is found the original decision was based on faulty facts or incorrect application of the law. Any modifications to the decision shall be limited to those necessary to ensure the decision criteria of this title are met.

Effect of Appeal. Decisions on Type I, Type II, Type III, and Type IV permits are assumed valid unless overturned by an appeal decision. An appeal stays all actions by the Planning Director seeking enforcement of or compliance with the order or decision appealed from, unless the Planning Director finds that a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed except by order of the Hearing Examiner or a court.

Exhaustion of Administrative Remedies. No action to obtain judicial review may be commenced unless all rights of administrative appeal provided by this title or State law have been exhausted. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. A copy of each transcript prepared by an appellant shall be submitted to the City for confirmation of its accuracy.