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Chapter 14.16
PERMITS, HEARINGS AND APPEALS
Sections:
Part 1 Land Use Permit and Subdivision Approval Process
14.16.010 Land Use Permits Required
14.16.020 Staff Consultation Before Formal Application
14.16.030 Time Limits for Permit Processing
14.16.040 Application
14.16.050 Determination of Complete Application
14.16.060 Notice of Application
14.16.070 Notice of Public Hearing
14.16.080 Notice of Decision
Part 2 Land Use Permits
14.16.090 Zoning Permits
14.16.100 Special Use Permits
14.16.110 Variances
14.16.120 Conditional Use Permits
Part 3 Subdivisions
14.16.130 Subdivisions
14.16.140 Review of Subdivisions
14.16.150 Limitations on Re-Subdividing Short Plats
14.16.160 Criteria for Preliminary Plat Approval
14.16.170 Application for Final Plat Approval
14.16.180 Approval of Final Plats
14.16.190 Content of the Final Plat
14.16.200 Endorsements on Short and Major Subdivision Plats
14.16.210 Plat Approval Not Acceptance of Dedication Offers
14.16.220 Boundary Line Adjustments
14.16.230 Vacations of Subdivisions
14.16.240 Binding Site Plans
Part 4 Public Improvements
14.16.250 Public Works Construction Plan Approval
14.16.260 Public Improvements Required Before Occupancy or Final Plat
14.16.270 Maintenance of Dedicated Facilities Until Acceptance
14.16.280 Protection Against Defects
14.16.290 Authorizing Use and/or Occupancy Before Completion of Development Under Land Use Permits
Part 5 Effect of Decisions
14.16.300 No Occupancy or Use of Property Until Requirements Fulfilled
14.16.310 Transfer of Permit and Permit Applications on Successors and Assigns
14.16.320 Modifications to Approved Permits
14.16.330 Reapplication Following Denial of Permit
14.16.340 Completing Development in Phases
14.16.350 Expiration of Permits
Part 6 Hearing Procedures
14.16.360 Hearing Required on Applications
14.16.370 Burden of Proof/Testimony
14.16.380 Modification of Application at Hearing
14.16.390 Record
Part 7 Appeals and Interpretations
14.16.400 Appeals of Planning Director and Zoning Board Decisions
14.16.410 Interpretations
Part 1 Land Use Permit and Subdivision Approval Process
14.16.010 Land Use Permits Required.
(a) Prior to building construction or alteration, substantial change of use, land clearing, or grading, the property owner is required to obtain a land use permit for the proposal. Zoning permits are issued by the Planning Director, special use permits are issued by the Planning Director unless a public hearing is requested, in which case, the decision will be made by the Zoning Board. Conditional use permits require a public hearing before, and issued by, the Hearing Examiner.
(b) Preliminary formal plats will be processed in the same manner as conditional use permits. Preliminary short plats will be processed in the same manner as zoning permits.
(c) Whenever a proposed project requires more than one land use permit, the permits will be processed simultaneously using the process specified for the permit requiring the highest degree of public participation. (Ord. 661, 2002)
14.16.020 Staff Consultation Before Formal Application.
(a) To achieve efficient and effective application of the requirements of this title, a pre-application conference between the applicant and the City’s development review team is required for projects needing a conditional use permit and encouraged for all other projects.
(b) To request a pre-application conference, an applicant shall submit a set of preliminary plans to the City. The amount and quality of the information submitted is up to the applicant, however, better information provided initially is more likely to result in better feedback and discussion with the City’s development review team. At a minimum, the plan should include a basic layout of the proposal: circulation, lot patterns and building locations, location of critical areas and other site constraints. (Ord. 741, Sec. 5, 2007; Ord. 676, Sec. 10, 2003; Ord. 661, 2003)
14.16.030 Time Limits for Permit Processing.
(a) The City shall issue its notice of decision on a permit application within 120 days after the determination of a complete application is made. In determining the number of days that have elapsed, the following periods shall be excluded:
(1) Any period during which the applicant has been requested to correct plans, perform studies, or provide additional information. This exclusion shall be calculated from the date the applicant is notified of the need for additional information until the date the information is provided.
(2) Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance (DS) pursuant to the State Environmental Protection Act (SEPA).
(3) Any period for administrative appeals of project permits.
(4) Any extension of time mutually agreed upon by the applicant and the City.
(b) The time limits established by subsection (a) of this section do not apply if a permit application:
(1) Requires an amendment to the Comprehensive Plan or a development regulation.
(2) Requires approval for the siting of an essential public facility as provided in RCW 36.70A.200.
(3) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.
(c) If the City is unable to issue a final decision within the time limits provided herein, the applicant shall be provided written notice of this fact. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.
14.16.040 Application.
Applications for land use permits or subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the subdivision plat approval.
Generally speaking this means that the consent to the application must be made by the owners or lessees of property, or persons who have contracted to purchase property. Signatures by agents of these parties may be accepted if a letter from the party with ownership interest is submitted which authorizes the agent to sign the application in their name.
14.16.050 Determination of Complete Application.
(a) The presumption established by this title is that all of the information set forth in the administrative guideline entitled “Information Required with Applications” is necessary to satisfy the requirements of this section. However, each development is unique, and therefore the planning director may waive certain items if it is determined they are not necessary to ensure that the project complies with City requirements.
(b) The planning director shall make a determination of completeness within twenty-eight (28) days of receiving an application, and shall issue a written determination to the applicant, stating either:
(1) That the application is complete; or,
(2) That the application is incomplete and identifying what is necessary to make the application complete. To the extent known, the planning director shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
(c) The application is deemed complete if the City does not provide a written determination within 28 days of the date of application.
(d) When revisions are submitted following a determination of incomplete application, the planning director shall determine whether the revised submittal is complete within 14 days.
(e) An applicant has 90 days from the date of the notice of incomplete application to make the application complete. Failure to do so will result in the application expiring. The planning director may grant one 120 day extension if the applicant submits a written request for an extension prior to the expiration date. The request must clearly demonstrate that the delay is due to circumstances beyond the applicant’s control (such as the need for seasonal wetland data) or unusual circumstances not typically faced by other applicants, and that a good faith effort has been made to provide the requested materials.
(f) The fact that an application is deemed complete pursuant to this section shall not, under any circumstances, prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project if such information is deemed necessary by the City to determine if the project meets all local requirements.
14.16.060 Notice of Application.
(a) Within 14 days of determining that application for a special or conditional use permit, short plat or a variance, a “Notice of Application” shall be issued in the following manner:
(1) By mail to the applicant or appellant and property owners within 300 feet of the site,
(2) By posting on the official notice board at City Hall.
(3) By mailing to adjacent jurisdictions, the State Department of Transportation if the proposed development is adjacent to a state highway and to all other agencies with jurisdiction.
(4) By publishing a notice one time in a newspaper having general circulation in the area.
(5) By erecting public notice signs, of a format approved by the planning director. One sign on each public right-of-way fronting on the site shall be erected in a manner that is accessible and easily read by the general public.
(b) The Notice of Application shall include the following information:
(1) Date of application, issuance of the Notice of Complete Application, and of issuance of the Notice of Application.
(2) The date, time, and place of any scoping meeting held pursuant to Section 14.16.120.
(3) The right of any party to request a hearing on the matter if the proposal is for a special use permit.
(4) Identification the site location.
(5) A brief description of the request, and any proposed modifications or variances.
(6) A list of all permits required in the application.
(7) The name of the applicant and the proposed project.
(8) The official file number and a statement of its availability for review, including any existing studies, environmental documents, or other material related to the project.
(9) If applicable, a list of any studies requested.
(10) A list of other permits required by other agencies with jurisdiction, to the extent known by the City.
(11) A statement of the right of any person to submit written testimony to the appropriate permit-issuing authority and to appear at any public meeting or hearing on the project to give testimony orally.
(12) The dates of the public comment period.
(13) A statement of the right of any person to receive notice of and participate in any hearings and request a copy of the decision once made.
(14) An explanation of appeal rights and procedure.
(15) The date, time, place and type of hearing if any hearing has been scheduled at the time.
(16) A statement of any preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and of consistency.
(17) A statement announcing the City’s goal of complying with the intent of the American Disabilities Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD services.
(c) If public hearing is required, the Notice of Application Filed shall be provided at least fifteen days prior to the open record hearing.
(d) The City shall not issue a land use permit for a period of at least 15 days following the issuance of the Notice of Application.
14.16.070 Notice of Public Hearing.
(a) All open record public hearings required of this title shall be given notice as provided for in this section.
(b) Notice of a public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing. Methods used for providing notice shall be the same as required for Notice of Application (14.16.060).
(c) Notices of public hearings shall include the following information:
(1) The date, time, and place of the hearing.
(2) Location of the site.
(3) A brief description of the request, and any proposed modifications or variances.
(4) Applicant’s name.
(5) Project name and file number and a statement of its availability for inspection by the public.
(6) A statement of the right of any person to submit written testimony to the appropriate permit-issuing authority and to appear at the public hearing to give testimony orally.
(7) A statement that only persons who submit written or oral testimony to the permit-issuing authority may appeal the decision.
(8) A statement announcing the City’s goal of complying with the intent of the American Disabilities Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD services. (Ord. 661, 2002)
14.16.080 Notice of Decision.
The planning director shall issue a notice of decision within five days of a decision on a land use permit. This notice shall be provided as follows:
1. For Zoning Permits, it shall be provided to the applicant and all parties of records.
2. For short plats and special use permits that do not require a public hearing, it shall be provided as required for subsection 1 above and shall be posted on the site as well.
3. For special use permits that require a public hearing, shoreline permits, variances and conditional use permits, notice shall be provided as required in subsections 1 and 2 above and shall be published in a local newspaper of general circulation as well. (Ord. 676, Sec. 11, 2003; Ord. 661, 2002)
Part 2 Land Use Permits
14.16.090 Zoning Permits.
(a) Zoning Permits are an administrative action by the Planning Director. No public notice is required except for short plats, as provided for in Section 14.16.060.
(b) A zoning permit shall be issued if the planning director determines that it is a permitted use in the zone in which it is located; the project is found to comply with the standards and requirements of this title and the project has completed the SEPA environmental review process.
(c) Reasonable conditions may be placed on the permit if necessary to ensure compliance with subsection (b).
14.16.100 Special Use Permits.
(a) Special use permits are generally an administrative action by the Planning Director. Public notice is required prior to making a decision pursuant to Section 14.16.060. If a person requests a public hearing within 14 days of the issuance of the Notice of Application, a hearing shall be conducted, and the decision shall be made by the Zoning Board.
(b) A special use permit shall be approved if it is found that it is a permitted use in the zone in which it is located; the project is found to comply with the standards and requirements of this title and the project has completed the SEPA environmental review process.
(c) A special use permit shall be denied if it is found that the requirements of subsection (b) are not met or that the proposal will substantially harm or endanger the general public health or safety or adjoining properties.
(d) Reasonable conditions may be placed on the permit if necessary to ensure compliance with subsections (b) and (c) above.
14.16.110 Variances
(a) Decisions on variance applications are to be made by the Zoning Board following a public hearing. A variance would allow modification of any development standard required of this Title, except that no variance may be issued to allow a use that is not otherwise permitted in the zone in which the property is located.
(b) A variance may be approved if findings are made that the strict enforcement of the ordinance would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. The Zoning Board may reach these conclusions if it finds that:
(1) If the applicant complies strictly with the provisions of the ordinance, he can make no reasonable use of his property;
(2) The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public;
(3) The hardship relates to the applicant’s land, rather than personal circumstances;
(4) The spirit of the standard from which a variance is requested is reasonably maintained, and the granting of a variance will not pose significant hazards or otherwise be detrimental to the surrounding properties; and
(5) The hardship is not the result of the applicant’s own actions.
(c) In granting variances, reasonable conditions may be imposed to ensure that the use of the property will be as compatible as practicable with the surrounding properties and to ensure the criteria for approval in subsection (b) are substantially met. (Ord. 661, 2002)
14.16.120 Conditional Use Permits.
(a) All conditional use permit reviews shall include a scoping meeting. Scoping meetings shall generally be held in the evenings on the third Wednesday of the month.
(b) The purpose of scoping meetings is to involve the public early in the permit process, so that potential issues are raised at the beginning, rather than the end. The meeting shall be informal, at which a brief presentation of the project shall be made by the applicant. The planning director will explain the review process and opportunity for citizen involvement after which any participant may raise any potential issues of concern to them. Solutions to any potential problems need not be found at this point but may be discussed. The planning director shall take notes of the issues raised in the scoping meeting and place a record of them in the official file of the project.
(c) Participation or lack of participation in a scoping meeting in no way limits an applicant’s, the City’s, or any other person’s standing to participate in later processes or required hearings on the permit application.
(d) Decisions on conditional use permits are to be made by the hearing examiner following a public hearing.
(e) A conditional permit shall be approved if it is found that it is a permitted use in the zone in which it is located; the project is found to comply with the standards and requirements of this title and the project has completed the SEPA environmental review process.
(f) A conditional use permit shall be denied if it is found that the requirements of subsection (b) are not met or that the proposal will substantially endanger or harm the general public health or safety or adjoining properties.
(g) Reasonable conditions may be placed on the permit if necessary to ensure compliance with subsections (b) and (c) above.
(Ord. 676, Sec. 12, 2003; Ord. 661, 2002)
Part 3 Subdivisions
14.16.130 Subdivisions.
Unless exempt by Chapter 58.17 RCW, all subdivision activity is subject to the requirements of this title. No person may subdivide land except in accordance with all of the provisions of this article. Short plats consist of subdivisions which result in nine or fewer lots. Subdivisions of ten or more lots may also be referred to as formal or long plats/subdivisions.
14.16.140 Review of Subdivisions.
No person may subdivide his land except in accordance with the provisions of this title. Formal and short subdivisions are subject to a three-step approval process. The first step is approval of the preliminary plat, the second is approval and construction of the infrastructure necessary to serve the plat, and the third step is for approval of the final plat. Each step requires a separate application and fee as set by Council Resolution. (Ord. 661, 2002)
14.16.150 Limitations on re-subdividing short plats.
Short plats can be re-subdivided with a subsequent short plat within five years if the total number of lots created between the original and second short plat does not exceed nine. If the number of lots exceed nine, re-subdivision requires a formal plat. (Ord. 676, Sec. 13, 2003; Ord. 661, 2002)
14.16.160 Criteria for preliminary plat approval.
(a) A preliminary plat, formal and short plat, shall be approved if it meets, and denied if it doesn’t, the approval criteria for conditional use permits (14.16.120), and of Chapter 58.17 RCW.
(b) Preliminary plat approvals may contain conditions as deemed necessary to ensure the approval criteria are met.
14.16.170 Application for Final Plat Approval.
The application for final plat approval shall include:
(a) Completed application form with fee.
(b) Five (5) draft copies of the following information:
(1) Mathematical lot closures showing error of closures not to exceed 0.005 times the square root of “n”, where “n” = number of sides and/or curves of a lot.
(2) A certification from a Professional Land Surveyor, licensed in the State of Washington, as to the survey data, layout of streets, alleys and other rights-of-way.
(3) A certification that bridges, sewage, water systems and other structures together with the information provided by the Professional Land Surveyor for the approval signature of a licensed engineer acting on behalf of the City.
(4) A complete survey of the section or sections in which the plat is located, or as much thereof as may be necessary to properly orient the plat within the section or sections. A computer printout showing closures of the section or subdivision breakdown (if any), plat boundary, road centerlines, lots and tracts. The maximum allowable error of closure shall be .02 feet in any such closure.
(5) A title company certification which is not more than thirty (30) calendar days old containing:
i. A legal description of the total parcel sought to be subdivided; and
ii. A list of those individuals, corporations, or other entities holding an ownership interest in the parcel; and
iii. Any easements or restrictions affecting the property with a description, purpose and reference by auditors file number and/or recording number; and
iv. Any encumbrances on the property; and
v. Any delinquent taxes or assessments on the property.
(6) An approved subdivision name reservation form from the Snohomish County Auditor’s Office.
(7) If lands are to be dedicated or conveyed to the City as part of the subdivision, an American Land Title Association title policy may be required.
(8) The planning director may require the applicant to submit whatever other information is necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years.
14.16.180 Approval of Final Plats.
(a) Final plats for short plats are approved by the planning and public works directors. Final plats for formal subdivisions are to be approved by City Council following a public meeting. Final plats shall be approved if it is found that the requirements of preliminary plat, including applicable conditions of approval, have been met, and the requirements of Chapter 58.17 RCW have been met.
(b) The final plat submitted for recording shall be drawn in waterproof ink on a sheet made of material that will be acceptable to the Snohomish County Auditor’s Office for recording purposes, and having dimensions of 18” x 24”.
(c) When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at one (1) inch equals not more than 50 feet.
(d) The applicant shall also provide all final plat maps and engineered as-builts in digital form. Files shall be submitted in “*.dwg” or other AutoCad-compatible format approved by public works.
14.16.190 Content of the Final Plat.
The final plat shall contain the following information:
(1) The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Snohomish County Registry,
(2) The name and signatures of the subdivision owner or owners,
(3) The location by Quarter Section/ Section/Township/ Range and/or by other legal description, the county, and state where the subdivision is located,
(4) The name, registration number, and seal of the Professional Land Surveyor responsible for preparation of the plat, and a certification on the plat by said surveyor to the effect that (i) it is a true and correct representation of the land actually surveyed by him/under his supervision; (ii) that the exterior plat boundary, and all interior lot corners have been set on the applicant’s property by him/under his supervision using appropriate permanent materials, with a field traverse with a linear closure of 1 to 10,000 and corresponding angular closure as specified in W.A.C. 332.130.070 and 332.130.090; and, (iii) that all street centerline monuments (points of intersection, points of curve, points of tangency, etc.) within the plat and all intersections with existing street centerlines have been monumented with concrete monuments in case or other permanent material approved by the City.
(5) The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph. The drawing shall be of legible scale, and shall include the north arrow and basis of bearings. Unless otherwise approved by the Planning Director, the scale of the final plat will be at one inch equals 50 feet in order that all distances, bearings and other data can be clearly shown.
(6) A boundary survey prepared by a Professional Land Surveyor, licensed in the State of Washington, shall be shown on the proposed plat and shall reference the plat to the Washington Coordinate System, North Zone (North American Datum, 1983) with a physical description of such corners. When the necessary G.P.S. points exist within 1/2 mile of the subject property they shall be located on the plat and used as primary reference datums.
(7) The boundary lines of the plat, based on an accurate traverse, with angular and linear dimensions.
(8) The exact location, width, number or name of all rights-of-way and easements within and adjoining the plat and a clear statement as to whether each is to be dedicated or held in private ownership.
(9) The true courses and distances to the nearest established right-of-way lines or official monuments which will accurately locate the plat.
(10) Curved boundaries and centerlines shall be defined by giving radii, internal angles, points of curvature, tangent bearings and lengths of all arcs.
(11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet, and bearings to one second of arc. Blocks in numbered additions to subdivisions bearing the same name must be numbered consecutively through the several additions.
(12) Accurate locations of all monuments at such locations as required by the City Engineer.
(13) All plat meander lines or reference lines along bodies of water which shall be established above, but not farther than twenty (20) feet from the high waterline of the water or within a reasonable distance, to ensure reestablishment.
(14)Accurate outlines and dimensions of any areas to be dedicated or reserved for public use, with purposes indicated thereon and in the dedication; and/or any area to be reserved by deed covenant for common uses of all property owners.
(15) A full and correct legal description of the property.
(16) All permanent restrictions and conditions on the lots or tracts or other areas in the plat required by the City.
(17) Any additional pertinent information required at the discretion of the Public Works Director or Planning and Community Development Director.
(18) An endorsement to be signed, prior to recordation, by the proper officer in charge of tax collections, certifying that all taxes and delinquent assessments have been paid, satisfied, or discharged.
(19) The following declaration: “All conditions of the preliminary short plat, embodied within the Form of Decision [recorded in Book ____, Page ____ of the Snohomish County Registry/which is attached hereto as Exhibit ____], shall remain conditions of construction of the public improvements.” (Ord. 661, 2002)
14.16.200 Endorsements on Short and Major Subdivision Plats.
All subdivision plats shall contain the following endorsements, specific language of which is to be made available by the Planning Director: Certificate of Subdivision Approval, Certificate of Approval of Public Improvements, Certificate of Ownership and Dedication, Certificate of Survey and Accuracy, Certificate of City Treasurer (Not required for short plats), Snohomish County Treasurer’s Certificate (Not required for short plats), and Recording Certificate. (Ord. 676, Sec. 14, 2003; Ord. 661, 2002)
14.16.210 Plat Approval Not Acceptance of Dedication Offers.
Preliminary approval of a plat does not constitute acceptance by the city of the offer of dedication of any streets, sidewalks, parks, or other public facilities shown on a plat. Offers of dedication will be officially accepted with approval of the final plat.
14.16.220 Boundary Line Adjustments.
(a) Minor lot line adjustments are exempt from the subdivision regulations. Minor lot line adjustments to existing legal lots are permitted when no new lots are created through the process, and the adjusted lots either meet all requirements of this Title and other City regulations. In the case of existing legal non-conforming lots, the adjustment shall not create a new or greater non-conformity with respect to any City regulations.
(b) Application for a Boundary Line Adjustment is made by submitting to the planning director a Master Permit Application, with a survey of the subject property showing existing and proposed lot lines, before and after legal descriptions, owners certificate, surveyor’s certificate, and planning director’s approval certificate. The attendant fee shall set by Council resolution.
14.16.230 Vacations of Subdivisions.
Vacations of subdivisions are processed in the same manner as subdivisions, except that the application shall include the following additional information:
1. The reasons for vacation.
2. Signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation.
3. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
14.16.240 Binding Site Plans.
RCW 58.17.035 allows cities to adopt regulations allowing subdivision through binding site plan; it does not require that they do so. Therefore, the City of Lake Stevens opts to not allow binding site plans. Instead, it directs applicants wishing to subdivide commercial or industrial space for purposes of lease or sale to subdivide according to the requirements of this chapter or file for a condominium on that property.
Part 4 Public Improvements
14.16.250 Public Works Construction Plan Approval
(a) Upon receipt of approval of a land use permit or preliminary subdivision, the applicant is required to apply for public works construction plan approval relating to following elements: storm water management, erosion control measures, public road and sidewalk improvements, street trees and other required landscaping elements, sewer construction, and any other improvement intended to be dedicated to the City.
(b) The application for construction plan approval shall include a completed master application form, plans and materials as outlined by the public works director, and fee as set by Council resolution.
(c) Following approval of the construction plans, the applicant shall schedule a pre-construction meeting with Public Works. All contractors, subcontractors and utility representatives are to meet to discuss any issues related to the construction activity and minimizing impacts to the neighborhood and nearby facilities.
(d) Pursuant to Section 14.12.810, the public works director may require a performance security to be in place before construction activities are commenced.
14.16.260 Public Improvements Required Before Occupancy or Final Plat.
(a) Final plat approval or certificate of occupancy shall not be granted unless the required public improvements have been installed and accepted by the Public Works Department or the subdivider has provided a completion security pursuant to Section 14.12.820 to ensure that all of these requirements will be fulfilled within not more than 12 months after final plat approval or until half of the dwelling units within the plat or phase are issued building permits, whichever comes first. Replacement trees to be located on public property must be planted prior to final plat approval. Replacement trees to be located on a private lot must be installed prior to issuing a final inspection or certificate of occupancy for that lot.
14.16.270 Maintenance of Dedicated Facilities Until Acceptance.
Facilities intended to be dedicated to the City shall be maintained by the owner until such time the dedicated is accepted by the City.
14.16.280 Protection Against Defects.
(a) Whenever public improvements are to be dedicated to the City, the developer shall post a maintenance bond or other sufficient surety pursuant to Section 14.12.830 to guarantee that he will correct all defects in such facilities or improvements that occur within two years after the acceptance of dedication of the improvements.
(b) An architect or engineer retained by the developer shall certify to the city that all facilities and improvements to be dedicated to the city have been constructed in accordance with the requirements of this article. This certification shall be a condition precedent to acceptance by the city of the offer of dedication of such facilities or improvements.
(c) For purposes of this section, the term “defects” refers to any condition that requires repairs over and above the normal amount of maintenance required for a particular improvement.
14.16.290 Authorizing Use and/or Occupancy Before Completion of Development Under Land Use Permits.
(a) When weather conditions or other factors beyond the control of the permitee (exclusive of financial hardship) makes it unreasonable for the permitee to comply with all of the requirements of the permit (exclusive of subdivision approvals), the planning director may authorize the commencement of the intended use or the occupancy of buildings if the permit recipient provides a performance bond or other security to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months). Provided further that the building official finds that such occupancy will not result in a safety or health hazard.
Part 5 Effect of Decisions
14.16.300 No Occupancy or Use of Property Until Requirements Fulfilled.
Issuance of a land use permit authorizes the recipient to commence construction activity, subject to obtaining appropriate building permits, designed to support the approved land use. Actual commencement of the approved land use may not occur until all requirements of the permit have been satisfied.
14.16.310 Transfer of Permit and Permit Applications on Successors and Assigns.
Land use permits and pending land use permit applications, including subdivisions, run with the land and therefore are transferable to new owners.
14.16.320 Modifications to Approved Permits.
(a) Insignificant deviations from an approved land use permit may be approved by the planning director if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. Each time an insignificant deviation is approved, a memorandum from the planning director with findings of fact shall be placed in the permit file. When reviewing the request for a deviation, the planning director shall consider in combination with all prior deviations that may have been approved. If when considered together they do not qualify for such a deviation, no further deviations shall be allowed.
(b) Minor modifications to approved land use permits are permissible with the approval of the original permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor modifications have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. When reviewing the request for a minor modification, the request shall considered in combination with all prior deviations that may have been approved. If when considered together they do not qualify for such a modification, no further modifications shall be allowed.
(c) All other requests for changes in approved plans will be processed as new applications.
(d) The planning director shall determine whether modifications of permits fall within the categories set forth above in Subsections (a), (b), and (c). However, the planning director shall provide the original permit issuing authority with a report on the modification and receive feedback from that authority as to the appropriateness of the determination.
(e) An applicant requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
14.16.330 Reapplication Following Denial of Permit.
(a) Whenever a land use permit or a variance is denied, such action may not be reconsidered for a period of one year from the date of denial unless the applicant clearly demonstrates that:
(1) The zoning designation or relevant development standards have changed, or
(2) New information is available that could not with reasonable diligence have been presented at a previous hearing, or
(3) The project is modified in such a manner so as to correct the defects on which the original denial was based.
14.16.340 Completing Development in Phases
(a) Projects may be completed in phases provided the phasing meets the requirements of this section.
(b) The developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this title that will be satisfied with respect to each phase or stage.
(c) Each phase must stand on it’s own in terms of meeting the requirements of the permit and Title 14. For example, improvements necessary to support Phase 1 cannot be deferred to be constructed at Phase 2.
(d) The circulation pattern at the end of each phase must result in a configuration that does not create traffic hazards and adequately supports the level of traffic anticipated to be generated.
14.16.350 Expiration of Permits.
(a) Land use permits other than subdivisions shall expire automatically within one year after the issuance of such permits, if:
(1) The use authorized by such permits has not commenced, in circumstances where no substantial construction, excavation or demolition is necessary before commencement of such use, or
(2) Less than 10 percent of the total cost of all construction, excavation or demolition of the approved development has been completed.
(b) Land use permits other than subdivisions shall expire automatically also if construction, grading or excavation is commenced but such work is discontinued for a period of one year.
(c) For land use permits other than preliminary short and major subdivisions and sign permits, the planning director may grant one six month extension to a permit if (i) the extension is requested before the permit expires, (ii) the permitee has proceeded with due diligence and in good faith, and (iii) the zoning designation of the property has not changed.
(d) Preliminary short plat and subdivision approvals shall expire automatically if, within five years after the issuance of such permits:
(1) The plat has not been recorded, or
(2) An extension has not been granted. The planning director may approve a single one year extension to the permit if (i) the request was delivered in writing to the Planning Department at least thirty (30) calendar days prior to the permit’s expiration, (ii) the permitee has proceeded with due diligence and in good faith to complete the plat, and (iii) conditions have not changed so substantially as to warrant a new application.
Part 6 Hearing Procedures.
14.16.360 Hearing Required on Applications.
(a) Before making a decision on a special use (when a hearing is requested per Section 14.16.100(a)) or conditional use permit or a variance, or a petition from the planning staff to revoke any land use or subdivision permit, the Zoning Board or the Hearing Examiner, as the case may be, shall hold a public hearing.
(b) The hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.
(c) The Zoning Board or Hearing Examiner may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay.
(d) Hearings may be completed after one meeting or may be kept open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six months or more elapses between meeting dates.
14.16.370 Burden of Proof/Testimony.
(a) The burden of presenting evidence to the permit-issuing board sufficient to lead it to conclude that the application should be approved or denied shall be upon the party advancing the position.
(b) All persons in attendance that wish to testify shall be sworn-in.
(c) All findings and conclusions necessary to the issuance of a decision shall be based upon reliable evidence.
14.16.380 Modification of Application at Hearing.
(a) In response to questions or comments by at the hearing, the applicant may offer to modify the application, including the plans and specifications submitted.
(b) If the modifications are such that the decision maker, staff or public cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans available for review, the decision making entity may (1) continue the hearing and direct the applicant to prepare revisions or (2) approve the application with conditions deemed necessary to ensure the proposal meets the approval criteria.
(c) In order to approve the modifications at the meeting, the modifications must be such that they clearly would not require re-evaluations of the SEPA checklist and traffic report, additional public notice and additional agency review. An additional review deposit may be required if the additional review is expected to incur costs in excess if the previous deposit(s). (Ord. 661, Sec. 3, 2002: repealed portions of 468, 493, 501, 511 and 590)
14.16.390 Record.
(a) A tape recording shall be made of all hearings required by this title, and such recordings shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. The written decision of a hearing examiner shall meet the requirement for minutes of the hearing examiner public hearing.
(b) Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the city for at least two years. (Ord. 676, Sec. 15, 2003; Ord. 661, Sec. 3, 2002: repealed portions of 468, 493, 501, 511 and 590)
Part 7 Appeals and Interpretations
14.16.400 Appeals of Planning Director and Zoning Board Decisions.
(a) Appeals of decisions and interpretations issued pursuant to this Title may be made by any party of record.
(b) Administrative appeals must be filed within 14 days after the date of the decision or order being appealed. The City shall extend the appeal period for an additional seven days if a Determination of Non-significance with no prior public comment period has been issued on the project.
(c) Filing of an appeal shall require a written description of the specific aspect of the decision being appealed, the rationale for the appeal, and any supporting evidence. In addition, a filing fee, as set by Council resolution, is required.
(d) The hearing of an appeal shall occur within 60 days of the date of filing of the appeal, unless all parties to the appeal (including the applicant) agree in writing to extend the time period.
(e) An appeal stays all actions by the planning director seeking enforcement of or compliance with the order or decision appealed from, unless the planning director finds that a stay would, in his opinion, cause imminent peril to life or property. In which case, proceedings shall not be stayed except by order of the Hearing Examiner or a court.
(f) Appeals of the planning director decisions (except for SEPA determinations) shall be made to the Zoning Board. The Zoning Board shall conduct a public hearing prior to acting on the request. Appeals of the Zoning Board shall be made to the Hearing Examiner. The Hearing Examiner’s decision shall be made based on a closed review of the record available to the Zoning Board. The Hearing Examiner shall not conduct a new open public hearing.
(g) In the event a SEPA appeal is filed pursuant to Title 16 LSMC, the underlying land use permit application shall be reviewed concurrently with the appeal hearing before the Hearing Examiner.
(h) The decision maker on the appeal may reverse or affirm or modify the decision if it is found the original decision was based on faulty facts or incorrect application of the law. Any modifications to the decision shall be limited to those necessary to ensure the decision criteria of this Title are met.
(i) An appeal decision by the Hearing Examiner is considered the final decision of the City and may be appealed to Snohomish County Superior Court. Such appeals must be filed in compliance with the Land Use Petition Act (RCW 36.70C). (Ord. 676, Sec. 16, 2003; Ord. 666, 2002; Ord. 661, Sec. 3, 2002: repealed portions of 468, 493, 501, 511, and 590)
14.16.410 Interpretations.
(a) The planning director is authorized to interpret the zoning map and Title 14. Written interpretations may be appealed to the Zoning Board.
(b) A request for an interpretation shall be submitted to the planning director. The request shall contain sufficient information to enable the planning director to make the necessary interpretation.
(c) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines,
(2) Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries,
(3) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines,
(4) Where a district boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map,
(5) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. (Ord. 661, Sec. 3, 2002: repealed portions of 468, 493, 501, 511, and 590)