40.500.010 Summary of Procedures and Processes
A. Purpose and Applicability.
1. This chapter describes how the county will process applications for development subject to review under the UDC and Title 14 of this code, and is intended to identify the procedure for determining whether development proposals are, or can be conditioned or mitigated to be, consistent with applicable policies and standards. Consistency is determined by consideration of substantial evidence in the record that is relevant to these policies and standards.
2. Interpretations and Authority. Upon request, the responsible official shall issue a formal written interpretation of a development regulation. A formal written interpretation shall be a Type I action and shall be subject to the appeal provisions of Section 40.510.010(E). If an application for an interpretation is associated with another application(s) subject to this title, then the application for the interpretation shall be combined with the associated application(s) and is subject to the same procedure type as the applications with which it is combined.
3. Authorization for Similar Uses. The responsible official may determine that a use, not specifically named in the allowed uses of a district, may be included among the allowed uses; provided, however, that a use already allowed in any other zoning district, except the industrial zoning districts, may not be permitted. The responsible official must find that the proposed use is similar in nature and has impacts on adjacent land uses and property similar to uses already allowed in the district. When this determination is made in conjunction with another application it shall be considered as the same type and subject to the same appeals process, pursuant to Chapter 40.500, as the associated application. When this determination is made without any associated application, but for a specific lot, it shall be considered a Type II process. If this determination is made without any associated application, and without a specific lot identified, it shall be considered as a Type I process. This determination may be appealed at this stage or when the determination is used in a subsequent application for development.
(Amended: Ord. 2005-04-12; Ord. 2006-04-18; Ord. 2018-01-09; Ord. 2020-03-01)
B. Development Approvals Timeline – General.
1. Basic Rule. Preliminary approval of land divisions (Chapter 40.540), site plan approval (Section 40.520.040), uses subject to review and approval (R/A) (Section 40.520.020), approval of conditional use permits (Section 40.520.030), approval of planned unit developments (Section 40.520.080), approval of mixed use developments (Section 40.230.020), approval of master plans (Section 40.520.070), and approval of variances (Section 40.550.020) shall be valid for a period of seven (7) years after approval. The right to develop an approved land division, site plan, use permitted subject to review and approval (R/A), conditional use permit, planned unit development or variance or part thereof expires seven (7) years after the effective date of the decision approving such development, unless:
a. For land divisions – A fully complete application for a final plat has been submitted.
b. For use approvals that do not require a building permit – The permitted use has legally commenced on the premises.
c. For all other approvals – A building permit for the approved development has been issued and remains in effect, or a final occupancy permit has been issued.
2. Extensions – Phased Developments.
a. Those applications specifically approved for phased development may receive an unlimited number of subsequent two (2) year extensions in accordance with the following:
(1) At least one (1) phase has met the general development approvals timeline basic rule described in Section 40.500.010(B)(1);
(2) The request for the extension has been submitted in writing to the responsible official at least thirty (30) days prior to the seven (7) year deadline, or, in the case of a subsequent extension request, at least thirty (30) days prior to the expiration of the approval period;
(3) The applicant has demonstrated an active effort in pursuing the next phase of the application; and
(4) The applicant has demonstrated that there are no significant changes in conditions which would render approval of the application contrary to the public health, safety or general welfare.
b. The responsible official shall take one (1) of the following actions upon receipt of a timely extension request:
(1) Approve the extension request if no significant issues are presented under the criteria set forth in this section;
(2) Conditionally approve the application if any significant issues presented are substantially mitigated by minor revisions to the original approval;
(3) Deny the extension request if any significant issues presented cannot be substantially mitigated by minor revisions to the approved plan.
c. A request for extension approval shall be processed as a Type I action. Appeal and post-decision review of a Type I action is permitted as provided in this title.
3. Developer Agreements. Notwithstanding the foregoing, Council may approve a developer agreement under RCW 36.70B.170 through 36.70B.240 providing for a longer approval duration per Section 40.550.030.
4. Special Stormwater Rules. All permits issued pursuant to the regulations contained in Chapter 40.386 or earlier stormwater code and the 2009 or earlier version of the Clark County Stormwater Manual will expire on January 8, 2021, unless approved construction has begun on site before January 8, 2021. “Construction has begun” means, at a minimum, that site work associated with and directly related to the approved project has begun, for example, grading the project site to final grade, or the installation of utilities. Simply clearing the project site does not constitute the beginning of construction.
(Amended: Ord. 2005-04-12; Ord. 2006-04-18; Ord. 2011-08-08; Ord. 2012-12-23; Ord. 2015-11-24; Ord. 2016-09-04; Ord. 2018-01-09; Ord. 2019-05-07; Ord. 2020-03-01)
C. Reapplication.
No person, including the original applicant, shall reapply for a similar use on the same land, building, or structure within a period of one (1) year from the date of the final decision on such previous application, unless such decision is a denial without prejudice, or unless, in the opinion of the review authority, conditions have substantially changed.
D. Application Types and Classification.
1. Applications for review pursuant to Section 40.500.010(A) shall be subject to a Type I, Type II, Type III or Type IV process as summarized in Table 40.500.010-1.
2. Unless otherwise required, where the county must approve more than one (1) application for a given development, all applications required for the development may be submitted for review at one (1) time. Where more than one (1) application is submitted for a given development, and those applications are subject to different types of procedure, then all the applications are subject to the highest-number procedure that applies to any of the applications.
3. If this code expressly provides that an application is subject to one (1) of the four (4) types of procedures or another procedure, then the application shall be processed accordingly. If this code does not expressly provide for review using one (1) of the four (4) types of procedures, and another specific procedure is not required by law, the responsible official for the application in question shall classify the application as one (1) of the four (4) types of procedures.
a. The act of classifying an application shall be a Type I action. Classification of an application shall be subject to reconsideration and appeal at the same time and in the same way as the merits of the application in question.
b. Questions about what procedure is appropriate shall be resolved in favor of the type providing the greatest notice and opportunity to participate.
c. The responsible official shall consider the following guidelines when classifying the procedure type for an application:
(1) A Type I process involves an application that is subject to clear, objective and nondiscretionary standards or standards that require the exercise of professional judgment about technical issues, and that is exempt from SEPA review. The responsible official is the review authority for Type I decisions.
(2) A Type II process involves an application that is subject to objective and subjective standards that require the exercise of limited discretion about non-technical issues and about which there may be a limited public interest. The responsible official is the review authority for Type II decisions.
(3) A Type III process involves an application for relatively few parcels and ownerships. It is subject to standards that require the exercise of substantial discretion and about which there may be a broad public interest. The hearing examiner is the review authority for Type III decisions.
(4) A Type IV process involves the creation, implementation or amendment of policy or law by ordinance. In contrast to the other three (3) procedure types, the subject of a Type IV process generally applies to a relatively large geographic area containing many property owners, and except for annual reviews, an application subject to a Type IV process can be filed only by the county. Council is the review authority for Type IV decisions.
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Table 40.500.010-1. Summary of Development Approvals by Review Type |
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|---|---|---|---|---|---|---|
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|
Type I |
Type II |
Type II-A |
Type III |
Type IV |
Code Reference |
|
Interpretations |
|
|
|
|
|
|
|
Code Interpretation – Written |
X |
|
|
|
|
40.500.010(A)(2) |
|
Classification of an Application |
X |
|
|
|
|
40.500.010(D)(3)(a) |
|
Similar Use Determination |
X |
X |
|
|
|
40.500.010(A)(3) |
|
Pre-Application Waiver |
X |
|
|
|
|
40.510.020(A)(2) 40.510.030(A)(2) |
|
Counter Complete |
X |
|
|
|
|
40.510.010(A) 40.510.020(B) 40.510.030(B) |
|
Fully Complete |
X |
|
|
|
|
40.510.010(B) 40.510.020(C) 40.510.030(C) |
|
Submittal Requirements Waiver |
X |
|
|
|
|
40.510.010(B) 40.510.020(C) 40.510.030(C) |
|
Permits and Reviews |
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|
Accessory Dwelling Units |
X |
|
|
|
|
|
|
Legal Lot Determination |
X |
|
|
|
|
|
|
Review and Approval (R/A) |
X |
X |
|
|
|
|
|
Conditional Use Permit (CUP) |
|
|
X |
|
|
|
|
Site Plan Review |
X |
X |
|
X |
|
|
|
Final Site Plan Review |
X |
|
|
|
|
40.520.040(F) |
|
Sign Permit |
X |
|
|
|
|
|
|
Post-Decision Review |
X |
X |
|
X |
|
|
|
Master Plan |
|
|
X |
X |
|
|
|
Planned Unit Development (PUD) |
|
|
X |
|
|
|
|
Nonconforming Uses |
||||||
|
Nonconforming Use Determination |
X |
|
|
|
|
40.530 |
|
Expansion of a Nonconforming Use |
|
X |
|
X |
|
40.530 |
|
Boundary Line Adjustments and Land Divisions |
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|
Boundary Line Adjustment |
X |
|
|
|
|
|
|
Short Plat |
|
X |
|
|
|
|
|
Subdivision |
|
|
|
X |
|
|
|
Final Plat |
X |
|
|
|
|
|
|
Lot Reconfiguration |
|
X |
|
|
|
|
|
Plat Alteration |
|
X |
|
X |
|
|
|
Plat Vacation |
|
|
|
X |
|
|
|
Modifications and Variances |
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|
Road Modification |
X |
X |
|
X |
|
|
|
Variance |
X |
X |
|
X |
|
|
|
Sewer Waiver |
X |
|
|
|
|
|
|
Plan and Code Amendments |
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|
Annual Reviews |
|
|
|
|
X |
|
|
Zone Change within CP designation |
|
|
|
X |
|
|
|
Zone Change Text Amendments |
|
|
|
|
X |
|
|
Special Area-Related Reviews |
||||||
|
Columbia River Gorge Permit |
|
X |
|
X |
|
|
|
Shoreline (special review process) |
|
|
|
X |
|
40.460 |
|
Historic Preservation (special review process) |
|
X |
|
|
|
|
|
Open Space |
|
|
|
|
X |
Chapter 3.08 |
|
Critical Areas |
||||||
|
Critical Aquifer Recharge Areas (CARAs) Permit |
X |
X |
|
X |
|
40.410 |
|
Floodplain Review |
X |
X |
|
X |
|
40.420 |
|
Geo-Hazard |
X |
X |
|
X |
|
40.430 |
|
Habitat Permit |
|
X |
|
|
|
40.440 |
|
Preliminary Wetland Permit |
|
X |
|
X |
|
40.450.040(H) |
|
Wetland Variance |
|
|
|
X |
|
|
|
Final Wetland Permit |
X |
|
|
|
|
40.450.040(I) |
|
Emergency Wetland Permit |
X |
|
|
|
|
40.450.040(L) |
(Amended: Ord. 2004-12-12; Ord. 2005-04-12; Ord. 2007-06-05; Ord. 2009-03-02; Ord. 2009-06-15; Ord. 2010-08-06; Ord. 2019-05-07)