Chapter 14.04 PERMIT TYPES

Chapter 14.04
PERMIT TYPES

Sections:

14.04.010 Type I application.

14.04.020 Type II application.

14.04.030 Type III application.

14.04.040 Type IV application.

14.04.010 Type I application.

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. Examples could include some building and other construction-related permits, boundary adjustments, and administrative interpretations.

(1) Complete Application. An application shall include all of the information listed as application requirements in the relevant ordinance, code or regulation governing the appropriate permit or approval, including but not limited to:

(a) A fully completed, signed and acknowledged development application form and all applicable filing fees;

(b) Any supplemental information or special studies, legal descriptions and/or drawings identified by the city;

(c) Within 28 days of accepting the application, the review authority shall notify the applicant in writing that the application is complete or incomplete. For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the city shall, within 14 days, issue a letter of completeness. Failure to submit the requested information within 60 days will result in a null and void application, with no refund of the filing fees; and

(d) An application shall be deemed complete if the city fails to provide a written determination to the applicant that the application is incomplete within 28 days from the city’s acceptance of the application.

(2) Project Permit Review – Type I. The application materials shall be reviewed by the review authority for consistency with the applicable ordinances, codes or regulations governing the permit or approval.

(3) Final Decision. The review authority shall approve, approve with conditions, or deny the application within the timeframes described herein. Written notice of the decision shall be mailed to the applicant and the applicant’s representative, and shall include any appeal procedures available to the applicant. The notice of decision shall include:

(a) Appropriate conditions of approval, if any;

(b) Findings and conclusions to support the decision;

(c) A statement that the decision and SEPA determination are final, but may be appealed within 14 calendar days of the date of the decision;

(d) A description of the appeal procedure, the appeal body, and the city representative to contact for further information. (Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.04.020 Type II application.

A Type II process involves an application that is subject to objective and subjective standards that require the exercise of limited discretion about nontechnical issues and about which there may be limited public interest. Examples could include short plat approvals, and some larger scale building permits.

(1) Complete Application. An application shall include all of the information listed as application requirements in the relevant ordinance, code or regulation governing the permit or approval including but not limited to:

(a) A fully completed, signed and acknowledged development application form and all applicable filing fees;

(b) A fully completed, signed and acknowledged environmental checklist for projects subject to review under SEPA;

(d) Within 28 days of accepting the application, the review authority shall notify the applicant in writing that the application is complete or incomplete. For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the city shall, within 14 days, issue a letter of completeness. Failure to submit the requested information within 60 days will result in a null and void application, with no refund of the filing fees; and

(e) An application shall be deemed complete if the city fails to provide a written determination to the applicant that the application is incomplete within 28 days from the city’s acceptance of the application.

(2) Project Permit Review – Type II. Within 14 days of issuance of the letter of completeness, the review authority shall issue a public notice of application, as described herein, including, if applicable, any threshold determination. Following a 14-day comment period (30 days for shoreline permits), the review authority shall issue the final threshold determination and shall mail to the applicant copies of all comments received as a result of the notice. The applicant may respond to the comments. The review authority may consider comments and responses received as a result of the notice and shall review the project’s consistency with any applicable development regulations and the adopted comprehensive plan. Considerations for consistency shall include the following minimum criteria:

(a) The type of land use;

(b) The level of development, such as units per acre or other measures of density;

(d) The character of the development, such as development standards.

(a) Appropriate conditions of approval, if any;

(b) Findings and conclusions to support the decision;

(c) A statement that the decision and SEPA determination are final, but may be appealed within 14 calendar days of the date of the decision;

(d) A description of the appeal procedure, the appeal body, and the city representative to contact for further information. (Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.04.030 Type III application.

A Type III process involves an application for relatively few parcels or ownerships. It is subject to standards that require the exercise of substantial discretion and about which there may be a broad public interest. Examples could include conditional use permits, preliminary plats, shoreline substantial development permits and variances.

(a) A fully completed, signed and acknowledged development application form and all applicable fees;

(b) A fully completed, signed and acknowledged environmental checklist for projects subject to review under SEPA;

(d) Within 28 days of accepting the application, the review authority shall notify the applicant, in writing, that the application is complete or incomplete. For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the city shall, within 14 days, issue a letter of completeness. Failure to submit the requested information within 60 days will result in a null and void application, with no refund of the filing fees;

(2) Project Permit Review – Type III. A Type III review process requires one open record public hearing, typically held before the hearing examiner, as determined by the applicable regulations.

(a) Within 14 days of issuance of the letter of completeness, the review authority shall issue a public notice of application, as described herein, including, if applicable, any threshold determination.

(b) Following a 14-day comment period, and at least seven days prior to the scheduled hearing, the city staff shall issue a written staff report, integrating a SEPA review and final threshold determination and recommendations regarding the application(s). This document shall be sent to the applicant, the applicant’s representative, the applicable hearing body, and shall be made available for other parties who request it. In addition, the applicant shall receive copies of all comments received as a result of the public notice and may respond.

(c) The review authority may consider comments and responses received as a result of the notice and shall review the project’s consistency with any applicable development regulations and the adopted comprehensive plan. Considerations for consistency shall include the following minimum criteria:

(i) The type of land use;

(ii) The level of development, such as units per acre or other measures of density;

(iii) Infrastructure, including public facilities and services needed to serve the development; and

(iv) The character of the development, such as development standards.

(a) Appropriate conditions of approval, if any;

(b) Findings and conclusions to support the decision;

(c) A statement that the decision and SEPA determination are final, but may be appealed within 14 calendar days of the date of the decision;

(d) A description of the appeal procedure, the appeal body, and the city representative to contact for further information. (Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.04.040 Type IV application.

(1) A Type IV process involves the creation, implementation, or amendment of policy or law by ordinance. In contrast to the other procedure types, the subject of a Type IV process applies to a relatively large geographic area containing many property owners, and an application subject to a Type IV process can be filed by the city as well as by a private citizen. Examples could include comprehensive plan amendments, zoning ordinance text or map amendments, subdivision ordinance amendments, other development regulation amendments, and area-wide rezones.

(2) Project Permit Review – Type IV. A Type IV review process is a legislative process and may require at least one open record public hearing before the planning commission, and at least one open record public hearing before the city council.

(a) Area-wide rezones, zoning code text and official zoning map amendments will be processed in accordance with the Entiat zoning code.

(b) Subdivision and other development regulations amendments will be processed in accordance with state law.

(3) Final Decision – Type IV. The final decision of the city council shall be by ordinance, resolution or motion, as appropriate. Where the final decision of the council is made by motion, it shall be in writing and shall include those items described in EMC 14.10.030(3). (Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)