Chapter 14.50 TYPE 3 PERMITS (NON-SEPA-EXEMPT BUILDING PERMITS, SHORT PLATS, SENSITIVE AREA PERMITS, SHORELINE LETTERS OF EXEMPTION, AND SITE PLAN APPROVALS)

Chapter 14.50
TYPE 3 PERMITS (NON-SEPA-EXEMPT BUILDING PERMITS, SHORT PLATS, SENSITIVE AREA PERMITS, SHORELINE LETTERS OF EXEMPTION, AND SITE PLAN APPROVALS)

Sections:

14.50.005 Pre-application conference.

14.50.010 Application.

14.50.020 Determination of completeness.

14.50.030 Threshold determination and notice of application.

14.50.040 Repealed.

14.50.045 Design commission.

14.50.050 Decision and notice of decision.

14.50.060 Appeals.

14.50.005 Pre-application conference.

The director(s) may require a potential applicant to participate in a pre-application conference. (Ord. 988 § 2, 2003).

14.50.010 Application.

The applicant shall complete the appropriate application form and submit application, environmental checklist, and applicable fees to the director(s). The application form shall specify the submittal requirements. (Ord. 988 § 2, 2003).

14.50.020 Determination of completeness.

A. Within 28 days of submittal, the director(s) shall:

1. Send the applicant either a determination of completeness or a notice stating information required to complete the application; and

2. Advise the applicant of other agencies that may have jurisdiction over the proposal.

B. Within 14 days of submittal of additional information as required above, the director(s) shall send the applicant either a determination of completeness or another notice stating information required to complete the application. (Ord. 988 § 2, 2003).

14.50.030 Threshold determination and notice of application.

Within 14 days of determination of completeness of an application, the director(s) shall:

A. Publish a notice of application in accordance with BLMC 14.90.040; provided, that:

1. The public comment period shall be 15 days.

2. The notice shall include any information required under the State Environmental Policy Act as adopted in Chapter 16.04 BLMC.

3. If possible, a single notice shall be used for each proposal with a single comment period.

B. If the proposal is not exempt from the State Environmental Policy Act, the procedures in Chapter 16.04 BLMC shall apply. (Ord. 1322 § 1, 2009; Ord. 988 § 2, 2003).

14.50.040 Reconsideration of DNS.

Repealed by Ord. 1322. (Ord. 988 § 2, 2003).

14.50.045 Design commission.

If the proposal is not exempt from design review (see Chapter 14.95 BLMC), at any time after the determination of completeness the design commission shall review it and issue a finding of conformance (with or without conditions) or non-conformance with the community character element of the comprehensive plan. (Ord. 1025 § 3, 2004).

14.50.050 Decision and notice of decision.

A. After the above procedures have been completed, including environmental review, and within 120 days of determination of completeness, the director(s) shall determine whether the application is consistent with this development code, act on the application accordingly, and issue a notice of decision. The director(s) shall not approve the permit unless (1) the design commission has issued a finding of conformance with the community character element of the comprehensive plan, or (2) the director(s) has issued a finding of conformance contravening the design commission’s finding. If the director(s) contravenes the design commission’s finding, the director(s) shall promptly inform the design commission in writing of the reasons for doing so. See BLMC 14.90.050 for exceptions to this 120-day deadline.

B. The notice of decision shall contain a statement of threshold determination and the procedures for administrative appeal.

C. The notice of decision shall be published in accordance with BLMC 14.90.040. (Ord. 1025 § 4, 2004; Ord. 988 § 2, 2003).

14.50.060 Appeals.

A. For appeals see BLMC 14.120.020 and 14.120.030.

B. Short plats shall not be recorded until after the appeal period has lapsed.

C. No building permit shall be issued for work requiring a Type 3 permit until the 15-day appeal period has lapsed; provided, that the director(s) may waive this prohibition if the applicant signs a statement acknowledging the appeal period and agreeing to remove or modify the permitted work at the applicant’s expense should an appeal result in revocation or modification of the appealed permit. (Ord. 988 § 2, 2003).