Unless otherwise specified by Washington State statute, in the event provisions of any other Title of the Pomeroy Municipal Code (“PMC”), ordinances, or regulations adopted by the city, including but not limited to Chapter 16.22, Chapter 16.24, Chapter 16.16, Chapter 16.10, except for the time limitations for short subdivisions and subdivisions, procedures for open record hearings, closed record appeals, judicial appeals and notice requirements, conflict with any provisions of this chapter 16.06, Chapter 16.06 provisions shall supersede and control.
(740 § 1 (part), 1996; Ord. 775 § 1, 2000)
The definitions in this section apply throughout this title.
“Building permits”
mean those permits issued pursuant to the following chapters of the PMC as now exist or as may be hereafter amended:
1. 
Subchapter 16.24.100 Building Permits
2. 
Subchapter 16.24.200 Building Code
3. 
Chapter 16.18 Flood Hazard Development Permit
“Closed record appeal”
means an administrative appeal on the record to a local government body or officer, including but not limited to, the planning commission or the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
“Director”
means the city public works director or other official designated by the mayor of Pomeroy.
“Excavation permits”
mean those permits issued pursuant to the following chapters of the PMC as now exist or as may be hereafter amended:
1. 
Chapter 12.12
“Exterior boundaries”
includes but is not limited to, all property located adjacent to the area of a proposed project action subject to a project permit owned by the project permit applicant.
“Local government”
means the city of Pomeroy.
“Open record hearing”
means a hearing, conducted by a single hearing body or officer, including but not limited to the city council or planning commission, authorized by the city council to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed under PMC 16.06.500. An open record hearing may be held prior to the city’s decision on a project permit to be known as a “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.
“Parties of record”
means:
1. 
The applicant;
2. 
Any person who testified at the open record public hearing on the application; and/or
3. 
Any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters).
“Project permit” or “project permit application”
means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
“Public meeting”
means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or city council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file.
(Ord. 740 § 1 (part), 1996)
A. 
Classification. For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II (A and B), Type III or Type IV (A and B). Legislative decisions are Type V actions, and are addressed in PMC 16.06.050. Exclusions from the requirements of project permit application processing are contained in PMC 16.06.070.
B. 
Omission or Subsequent Enactment. In the event a development permit required by the city has been omitted or has been adopted by the city council after the effective date of the ordinance codifying this title, and another specific procedure is not required by law, the director shall classify the application as one of the four procedure types, Type I, Type II (A and B), Type III or Type IV (A and B) as set forth in PMC 16.06.030(B) and (C).
(Ord. 740 § 1 (part), 1996)
A. 
Determination by Director. The director or other official designated by the mayor (hereinafter the “director”), shall determine the proper procedure type for all project permit applications. If there is a question as to the appropriate procedure type, the director shall resolve it in favor of the higher procedure type number. The act of classifying an application for procedure type shall be a Type I action; and subject to reconsideration and appeal at the same time and in the same way as the merits of the project permit application in question.
B. 
Optional Consolidated Permit Processing.
1. 
Unless otherwise required, where the city must approve more than one project permit application for a given development, two or more project permit applications required for the development may be simultaneously submitted by the applicant for review at one time under a single permit processing review procedure (“consolidated permit review”). If an applicant elects the consolidated permit review process by the simultaneous submission of two or more applications; (1) the applications shall be reviewed and processed under the highest numbered procedure type that applies to any of the applications; and (2) the determination of completeness (PMC 16.06.230); notice of application (PMC 16.06.240); and notice of final decision (PMC 16.06.570) shall include all project permits being reviewed through the consolidated review process. If project permit applications for any such development are not submitted under this optional consolidated permit review process, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure type.
2. 
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) applicable to such applications. Decision bodies in order of ranking are as follows: The city council is the highest, followed by the planning commission or shoreline hearings board, or as applicable, and then the director. Joint public hearings with other agencies shall be processed according to PMC 16.06.040.
(Ord. 740 § 1 (part), 1996)
A. 
Definitions. For purposes of this subsection:
1. 
“Director”
means either the city public works director, the Building Inspector, other Code official as designated by the Pomeroy Municipal Code, or their respective authorized designees.
2. 
“Hearing body”
means the city council, shoreline hearings board, or board of appeals pursuant to Title 16 PMC as now exists or may hereafter be amended, as applicable.
B. 
Action Type for Project and Development Applications
TYPE I
TYPE IIA
TYPE IIB
TYPE III
TYPE IVA
TYPE IVB
TYPE V
Building permits w/o SEPA review
Building Permits w/ SEPA Review
Short Sub division and Plat
Zoning Conditional Use Permit and Variance
Subdivision Application, Preliminary Plat
Final plat
Comp. Plan Amendments
Subdivision Technical Deviations
Critical Areas Alteration Permits
Short Binding Site.
Subdivision Variance
Plat vacations & alterations
Final Binding Sites
Development Regulations & Amendments
Boundary Line Adjustments
Reasonable Use Requests in Critical areas
 
Shoreline Substantial Development Permits
Site Rezone
 
Area Wide Rezone
Street Excavation permits w/o SEPA review
Street Excavation Permit w/ SEPA Review
 
Shoreline Conditional Use Permit Shoreline Variance
Preliminary Binding Sites
 
Annexations
Drainage Plans
Administrative & Flood Zone Interpretations
 
Sign Variance
 
 
 
 
Historic Register Renovation
 
 
 
 
 
C. 
Procedure and Decisions for Project and Development Applications.
Recommend ation by
N/A
 
 
Planning Commission
Planning Commission
Director
Planning Commission
Final Decision made by
Director
Director except Historic by Historic Commission
Director
City Council
City Council
City Council
City Council
Notice of Application
No
No
No
Yes, Except Signs
Yes
Yes
No
Open record Public Hearing
No
Only if appealed, open record hearing before city council.
Only if appealed, before city council, (except SEPA is judicial appeal)
Yes, before planning commission for recommend-ation to city council
Yes, before planning commission to make council recommend-ation to city
No
Yes, (except annexations) before planning commission for recommend-ation to city council
Closed record appeal/final decision
Only if appealed, then before city council
No
Only if appealed, then before city council
No, except for Shoreline decision appeal, then before Shoreline Hearings Board
Yes, before city council to render final decision
Yes, before city council to render final decision
Yes, or city council could decide to hold its own open record hearing
Judicial Appeal
Yes
Yes
Yes
Yes
Yes
Yes
Yes
(This table is generally a summary of items established by other ordinances. Revised June 2006.)
A. 
Director’s Decision to Hold Joint Hearing. At the request of the applicant, the director may combine any 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: (1) the hearing is held within the city limits; and (2) the requirements of subsection (B) of this section are met.
B. 
Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, as long as:
1. 
The joint hearing can be held within the time period specified in RCW 36.70B.090 or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings;
2. 
The other agency is not expressly prohibited by statute from doing so;
3. 
Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule; and
4. 
The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing.
(740 § 1 (part), 1996; Ord. 775 § 3, 2000)
A. 
Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
1. 
Zoning code and development regulations and amendments to development regulations (for the purposes of this section, “development regulations” are as defined in RCW 36.70A.030(7), as now exists or as may be hereafter amended);
2. 
Area-wide rezones to implement new city policies;
3. 
Adoption of the comprehensive plan and any plan amendments; and
4. 
Annexations.
B. 
Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the decisions in this section. The public hearing shall be held in accordance with the requirements of PMC 16.06.500.
C. 
City Council. The city council may consider the planning commission’s recommendation in a public hearing held in accordance with the requirements of PMC 16.06.500.
D. 
Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in PMC 16.06.330(B)(4).
E. 
Implementation. The city council’s decision shall become effective by passage of an ordinance or resolution.
(Ord. 740 § 1 (part), 1996)
Nothing in this chapter or the Project permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan or to make changes to the city’s development regulations. See PMC 16.08.100, Comprehensive Plan and Development Regulation Amendments.
(Ord. 740 § 1 (part), 1996)
A. 
Whenever a permit or approval in the Pomeroy Municipal Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are specifically excluded from the procedures set forth in this title:
1. 
Historic designations;
2. 
Street vacations under Chapter 35.79 RCW;
3. 
Other approvals relating to the use of public areas; and
4. 
Other project permits, whether administrative or quasi-judicial that the city council has determined by resolution present special circumstances that warrant a different review process.
B. 
Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and Chapter 16.14 PMC (SEPA), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following Project Permit Processing procedures:
1. 
Notice of application (PMC 16.06.240);
2. 
Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (PMC 16.06.020(B));
3. 
Joint public hearings (PMC 16.06.040);
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 (PMC 16.06.520(C));
5. 
Notice of decision (PMC 16.06.580).
(740 § 1 (part), 1996; Ord. 818 § 2, 2005)
A decision as to the meaning, application or intent of any development regulation, as it relates to a specific piece of property may be requested by an applicant, staff, or a citizen at any time prior to a final decision on a project permit application to which the development regulation may be applied. The request shall be on a form provided by the responsible official and include identification of the regulation in question, a description of the property and a clear statement of the issue or question to be decided. The responsible official shall issue a written interpretation within a reasonable time, but no more than fourteen working days after receipt of the completed form, and file a copy in a book or binder for such interpretations readily available to the public at the appropriate department’s service counter. The responsible official shall be designated by the mayor. Administrative interpretations may be appealed to the city council for final decision as provided in PMC 16.06.130.
(740 § 1 (part), 1996; Ord. 775 § 4, 2000)