The department shall not commence review of any application set forth in this chapter until the property owner has submitted the materials and fees specified for complete applications.
(Ord. 2852 § 10 (Exh. A), 2011)
(1)
Applications for conditional use permits, variances, and zone reclassifications shall be considered complete as of the date of submittal upon determination by the department that the materials submitted contain the following:
(a)
Application forms provided by the department and completed by the applicant;
(b)
Certificates of sewer and water availability from the appropriate purveyors, where sewer and/or water service is proposed to be obtained from a purveyor, confirming that the proposed water supply and/or sewage disposal are adequate to serve the development in compliance with adopted state and local system design and operating guidelines;
(c)
Identification on the site plan of all easements, deed restrictions, or other encumbrances restricting the use of the property, if applicable;
(d)
Proof that the lot or lots are recognized as separate lots pursuant to the provisions of Chapter 22G.090 MMC, Subdivisions and Short Subdivisions;
(e)
A sensitive area report, if applicable;
(f)
A completed environmental checklist, if required by Chapter 22E.030 MMC, procedures and policies for implementing the State Environmental Policy Act;
(g)
Payment of any development permit review fees, excluding impact fees; and
(h)
Complete applications for other required permits that are required to be processed concurrently with the proposed application, or copies of approved permits that are required to be obtained prior to the proposed application.
(2)
Applications found to contain material errors shall not be deemed complete until such material errors are corrected.
(3)
The community development director may waive specific submittal requirements determined to be unnecessary for review of an application.
(Ord. 2852 § 10 (Exh. A), 2011)
(1)
Purpose. The purpose of this section is to implement plan policies and state laws that provide for vesting. This section is intended to provide property owners, permit applicants, and the general public assurance that regulations for project development will remain consistent during the lifetime of the application. The section also establishes time limitations on vesting for permit approvals and clarifies that once those time limitations expire, all current development regulations and current land use controls apply.
(2)
Applicability. This section applies to complete applications and permit approvals required by the city of Marysville pursuant to MMC Title 22, including and limited to land use permits, preliminary subdivisions, final subdivisions, short subdivisions, unit lot subdivisions, binding site plans, conditional use permits, shoreline development permits and any other land use permit application that is determined by Washington State law to be subject to the Vested Rights Doctrine. Vesting of building permit applications is governed by the rules of RCW 19.27.095 and MMC Title 16.
(3)
Vesting of Applications.
(a)
An application described in subsection (2) of this section shall be reviewed for consistency with the applicable development regulations in effect on the date the application is deemed complete.
(b)
An application described in subsection (2) of this section shall be reviewed for consistency with the construction and utility standards in effect on the date the separate application for a construction or utility permit is deemed complete. An applicant may submit a separate construction or utility permit application simultaneously with any application described in subsection (2) of this section to vest for a construction or utility standard. The application or approval of a construction or utility permit or the payment of connection charges or administrative fees to a public utility does not constitute a binding agreement for service and shall not establish a vesting date for development regulations used in the review of applications described in subsection (2) of this section.
(c)
An application described in subsection (2) of this section utilizing vested rights shall be subject to all development regulations in effect on the vesting date.
(d)
An application described in subsection (2) of this section that is deemed complete is vested for the specific use, density, and physical development that is identified in the application submittal.
(f)
The property owner is responsible for monitoring the time limitations and review deadlines for the application. The city shall not be responsible for maintaining a valid application. If the application expires, a new application may be filed with the community development department, but shall be subject to the development regulations in effect on the date of the new application.
(4)
Duration of Vesting.
(a)
Land Use Permits. The development of an approved land use permit shall be governed by the terms of approval of the permit unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.
(b)
Preliminary Subdivision. Development of an approved preliminary subdivision shall be based on the controls contained in the hearing examiner's decision. A final subdivision meeting all of the requirements of the preliminary subdivision approval shall be submitted within the time period specified in MMC § 22G.090.170 and RCW 58.17.140. Any extension of time beyond the time period specified in MMC § 22G.090.170 and RCW 58.17.140 may contain additional or altered conditions and requirements based on current development regulations and other land use controls.
(c)
Land Use Permits Associated with a Preliminary Subdivision. Land use permit applications, such as planned residential development applications that are approved as a companion to a preliminary subdivision application shall remain valid for the duration of the preliminary and final subdivision as provided in subsections (4)(b) and (d) of this section.
(d)
Final Subdivision. The lots in a final subdivision may be developed by the terms of approval of the final subdivision, and the development regulations in effect at the time the preliminary subdivision application was deemed complete for a period as specified in RCW 58.17.170 unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.
(e)
Short Subdivision or Unit Lot Subdivision. The lots in a short subdivision or unit lot subdivision may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period specified in RCW 58.17.170 unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.
(f)
Binding Site Plan. The lots in a binding site plan may be developed by the terms of approval of the binding site plan, and the development regulations in effect at the time the application was deemed complete unless the legislative body finds that a change in conditions creates a serious threat to the public health, safety or welfare.
(g)
All approvals described in this section shall be vested for the specific use, density, and physical development that is identified in the permit approval.
(h)
Sign Permit. A sign permit shall expire if the permit is not exercised within one year of its issuance. No extensions of the expiration date shall be permitted.
(5)
Waiver of Vesting. A property owner may voluntarily waive vested rights at any time during the processing of an application by delivering a written and signed waiver to the director stating that the property owner agrees to comply with all development regulations in effect on the date of delivery of the waiver. Any change to the application is subject to the modification criteria described in MMC § 22G.010.260 and § 22G.010.270 and may require revised public notice and/or additional review fees.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 4, 2015; Ord. 3218 § 5 (Exh. E), 2022; Ord. 3352 § 106 (Exh. YYYY), 2025; Ord. 3366 § 103 (Exh. YYYY), 2025)
The purpose and intent of this section is to provide an administrative process for minor revisions to approved development applications. For the purposes of this section, approved development applications shall include preliminary approval for subdivisions, short subdivisions, and unit lot subdivisions, and final approval prior to construction for all other development applications.
(1)
A minor revision to an approved residential development application is limited to the following when compared to the original development application; provided, that there shall be no change in the proposed type of development or use:
(a)
Short subdivisions shall be limited to no more than one additional lot, provided the maximum number of lots allowed in a short subdivision is not exceeded.
(b)
Subdivisions, planned residential developments, middle housing, cottage housing, townhouses and multiple-family developments shall be limited to the lesser of:
(i)
A 10 percent increase in the number of lots or units; or
(ii)
An additional 10 lots or units, provided the additional/lots units will not cause the project to exceed the maximum categorical exemption threshold level established in MMC § 22E.030.090.
(c)
A reduction in the number of lots or units.
(e)
A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application; provided, that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes.
(f)
A change to the internal lot lines that does not increase lot or unit count beyond the amount allowed for a minor revision.
(g)
A change in the aggregate area of designated open space that does not decrease the amount of designated open space by more than 10 percent. Under no circumstances shall the quality or amount of designated open space be decreased to an amount that is less than that required by code.
(2)
A minor revision to an approved unit lot subdivision application is limited to the following when compared to the original development application; provided, that there shall be no change in the proposed type of development or use:
(a)
The outer boundaries of the fee simple unit lot subdivision (other than for survey discrepancies).
(b)
The dimensions of lot lines within the fee simple unit lot subdivision by more than two percent.
(c)
The conditions of preliminary fee simple unit lot subdivision approval.
(d)
Road alignments or connections and/or do not increase the number of lots.
(3)
A minor revision to an approved nonresidential development application is limited to the following when compared to the original development application; provided, that there is no change in the proposed type of development or use or no more than a 10 percent increase in trip generation:
(a)
A utility structure shall be limited to no more than a 400-square-foot increase in the gross floor area.
(b)
All other structures shall be limited to no more than a 10 percent increase in the gross floor area.
(d)
A change which does not substantially alter the character of the approved development application or site plan and prior approval.
(4)
A minor revision may be approved subject to the following:
(a)
An application for a minor revision shall be submitted on forms approved by the community development department. An application for a minor revision shall not be accepted if a variance is required to accomplish the change to the approved development.
(b)
An application for a minor revision shall be accompanied by any fees specified in Chapter 22G.030 MMC.
(c)
An application for a minor revision shall require notification of the relevant city departments and agencies.
(d)
An application for a minor revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete.
(f)
A minor revision shall be properly documented as a part of the records for the approved development application.
(g)
A minor revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of:
(5)
The final determination of what constitutes a minor revision shall be made by the community development director.
(Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 5, 2015; Ord. 3352 § 107 (Exh. ZZZZ), 2025; Ord. 3366 § 104 (Exh. ZZZZ), 2025)
The purpose and intent of this section is to provide a process for major revisions to approved residential development applications. Residential development applications shall include short subdivisions, subdivisions, single-family detached unit, middle housing, cottage housing, townhouses and multiple-family developments. For the purposes of this section, approved residential development applications shall include preliminary approval for subdivisions and short subdivisions and final approval prior to construction for all other residential development applications.
(1)
A major revision to an approved residential development application is limited to the following when compared to the original development application, provided there is no change in the proposed type of development or use:
(c)
A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application; provided, that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes.
(d)
A change to the internal lot lines when combined with another criteria in subsection (1) of this section that does not increase lot or unit count beyond the amount allowed for a major revision.
(e)
A change in the aggregate area of designated open space beyond that allowed as a minor revision; provided, that the decrease will not result in an amount that is less than that required by code.
(2)
A major revision shall require processing through the same process as a new development application subject to the following:
(a)
An application for a major revision shall be submitted on forms approved by the department. An application for a major revision shall not be accepted if a variance is required to accomplish the change to the approved development.
(b)
An application for a major revision shall be accompanied by any fees specified in Chapter 22G.030 MMC.
(c)
An application for a major revision shall require public notice pursuant to MMC § 22G.010.090.
(d)
An application for a major revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete.
(e)
The community development director or the hearing examiner shall grant approval of the major revision if it is determined that the major revision does not substantially alter:
(f)
A major revision shall be properly documented as a part of the records for the approved development application.
(3)
The final determination of what constitutes a major revision shall be made by the community development director.
(Ord. 2981 § 6, 2015; Ord. 3352 § 108 (Exh. AAAAA), 2025; Ord. 3366 § 105 (Exh. AAAAA), 2025)
Any proposed revision to an approved development application that does not meet the criteria in MMC § 22G.010.260 or MMC § 22G.010.270 shall require a new development application and a new completeness determination. The new application shall conform to the development regulations which are in effect at the time the new development application is determined complete.
(Ord. 2981 § 7, 2015)
(1)
The department may cease processing of a complete application while awaiting supplemental information which is found to be necessary for continued review subsequent to the initial screening by the department.
(2)
The department shall set a reasonable deadline for the submittal of such supplemental information and shall provide written notification to the applicant by certified mail. An extension of such deadline may be granted upon submittal by the applicant of a written request providing satisfactory justification for an extension.
(3)
Failure by the applicant to meet such deadline shall be cause for the department to cancel/deny the application.
(4)
When granting a request for a deadline extension, the department shall give consideration to the number of days between receipt by the department of a written request for a deadline extension and the mailing to the applicant of the department's decision regarding that request.
(Formerly 22G.010.270; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 8, 2015)
The applicant shall attest by written oath to the accuracy and completeness of all information submitted for an application.
(Formerly 22G.010.280; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 9, 2015)
Upon denial by the city council of a zone reclassification or a conditional use permit, no new application for substantially the same proposal shall be accepted within one year from the date of denial.
(Formerly 22G.010.290; Ord. 2852 § 10 (Exh. A), 2011; Ord. 2981 § 10, 2015)