Chapter 20.01
GENERAL PROVISIONS
Sections:
20.01.001 Purpose.
20.01.002 Definitions.
20.01.003 Exemptions.
20.01.004 Types of development permits and approvals.
20.01.005 Procedures for review of development permits or approvals.
20.01.006 Joint public hearings.
20.01.001 Purpose.
The purposes of this title are to:
A. Provide for the integrated and consolidated review of development permits relating to a proposed action;
B. Combine the environmental review process, both procedural and substantive, with the procedure for the review of development permits;
C. Provide for no more than one open record hearing and one closed record appeal on development permits, except for the appeal of a determination of significance;
D. Provide for the issuance of the city’s final decision within 120 days after submission of a complete development permit application; and
E. Implement additional and remaining provisions of the Regulatory Reform Act (Chapter 36.70B RCW). (Ord. 989 § 1 (part), 1996).
20.01.002 Definitions.
A. “Closed record appeal” means an administrative appeal to a North Bend body or officer, including the city council, following an open record hearing on a development permit or approval, when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
B. “Consistency” means agreement or logical coherence among parts, and shall include all terms used in Chapters 36.70A and 36.70B RCW, including but not limited to the related terms of compliance and conformity.
C. “Development permit” means any land use permit or approval, or environmental permit or approval, required from the city of North Bend for a project action, including but not limited to those identified in Table 20.01.004. As used in this title, the term “development permit” shall always include the term “development approvals.”
D. “Land development proposal” shall include, but not be limited to:
1. All administrative and quasi-judicial land development permits and/or approvals outlined in Title 20, Table 20.01.004.
2. Annexations, rezones, developer-extension agreements, extension of city utility service, business licenses involving the change of use of a building.
The term “land development proposals” is intended to be construed broadly and to include all city permits and/or city approvals which may be associated with a development project; provided, it shall not include recommendations or requests for amendments to North Bend’s land use codes.
E. “Open record hearing” means a hearing conducted by a single hearing body or officer of North Bend government, authorized to conduct such hearing, that creates a record through testimony and submission of evidence and information under procedures prescribed by North Bend ordinance or resolution. “Open record predecision hearings” may be held prior to the hearing body’s decision on a development permit. “Open record appeal hearings” may be held on a development permit only if no “open record predecision hearing” is held. (Ord. 1020 (part), 1997; Ord. 989 § 1 (part), 1996).
20.01.003 Exemptions.
A. Legislative Decisions. The following decisions are legislative, and are not subject to the procedures in this title, unless otherwise specified:
1. Zoning code text and zoning district amendments;
2. Adoption of development regulations and amendments;
3. Area-wide rezones to implement new city policies;
4. Adoption of the comprehensive plan and any plan amendments; and
5. Annexations.
B. Other Exemptions.
1. Landmark designations;
2. Street vacations;
3. Street use permits.
C. Exempt from Provisions Except Determination of Completeness. To be exempt, except from a determination of completeness, subsections (C)(1), (2), (3) and (4) of this section must be exempt from SEPA project-action thresholds (NBMC 14.04.050).
1. Building permits;
2. Other construction permits (e.g., sign permits; clearing and grading permits);
3. Boundary line adjustments;
4. Other administrative approvals categorically exempt from SEPA (WAC 197-11-800 and NBMC 14.04.050) or for which environmental review has been completed in connection with other development permits. (Ord. 989 § 1 (part), 1996).
20.01.004 Types of development permits and approvals.
For the purposes of this title, nonexempt development permits shall be classified under major headings of either “I. Administrative” or “II. Quasi-Judicial,” as indicated in Table 20.01.004 (Column 1). Administrative permit decisions are made by a city staff person, typically the community services director. Quasi-judicial permit decisions are made by an elected or appointed body that adjudicates and makes decisions based on information and analysis presented. Specific permit types are listed under subheadings of “Administrative” and “Quasi-Judicial” in Table 20.01.004 (column 1: I.a. – k. and II.l. – w.). These specific types represent the spectrum of land use permits or approvals currently required by North Bend’s land use codes. The table also presents information on respective code citations (column 2); requirements for environmental review (column 3); staff recommendation (column 4); staff decision (column 5); hearing requirements (columns 6 and 7); decision body (column 8); types of appeals and appeal bodies (columns 9 and 10); and judicial appeal (column 11). Explanatory notes are provided at the bottom of the table.
Table 20.01.004 Development Permit and Approval Framework
|
Permit Type – I Administrative |
Code Requirement |
SEPA Review |
Staff Recommend |
Staff Decision |
Open Record Hearing |
Closed Record Hearing |
Decision Body |
Open Record Appeal |
Closed Record Appeal |
Court Appeal |
|
a. SEPA Threshold Determination |
14.04.030 |
E or NE |
No |
Yes |
No |
No |
CSD |
No |
No |
Yes |
|
b. Critical Area Study |
14.05.145 |
E or NE |
No |
Yes |
No |
No |
CSD |
HE |
No |
Yes |
|
c. Floodplain Permit |
15.40.100 |
E or NE |
No |
Yes |
No |
No |
CSD |
HE |
No |
Yes |
|
d. Short Subdivisions (Short Plat) |
17.12 |
E or NE |
No |
Yes |
No |
No |
CSD |
HE |
No |
Yes |
|
e. Specific Binding Site Plans |
17.20 |
E or NE |
No |
Yes |
No |
No |
CSD and HE |
HE |
No |
Yes |
|
f. Lot Line Adjustments |
17.28 |
E or NE |
No |
Yes |
No |
No |
CSD |
HE |
No |
Yes |
|
g. Planned Neighborhood District |
18.12 |
E or NE |
No |
Yes |
No |
No |
CSD |
No |
No |
Yes |
|
h. Landscape Review |
18.18.030 |
E or NE |
No |
Yes |
No |
No |
CSD |
No |
No |
Yes |
|
i Design Review – Type I |
18.34.040 |
E or NE |
No |
Yes |
No |
No |
CSD |
HE |
No |
Yes |
|
j Clearing and Grading Permits |
19.10.200 |
E or NE |
No |
Yes |
No |
No |
CE |
HE |
No |
Yes |
|
k. Other Administrative Permits (Site Plans and Construction Permits) |
|
E or NE |
No |
Yes |
No |
No |
Varies |
Varies |
No |
Yes |
|
CC – City Council CE – City Engineer CSD – Community Services Director HE – Hearing Examiner DOE – Department of Ecology E or NE – Exempt or Nonexempt |
||||||||||
|
Permit Type – II |
Code Requirement |
SEPA Review |
Staff Recommend |
Staff Decision |
Open Record Hearing |
Closed Record Hearing |
Decision Body |
Open Record Appeal |
Closed Record Appeal |
Court Appeal |
|
l. Public Agency/Utility Exemption |
14.05.085 |
No |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
m. Reasonable Use SAO Exemption |
14.05.085 |
No |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
n. Shoreline Conditional Use |
15.44.050 |
E or NE |
Yes |
No |
HE |
No |
DOE |
No |
State Shoreline Board |
Yes |
|
o. Shoreline Substantial Development Permits |
15.44.140 |
E or NE |
Yes |
No |
HE |
No |
HE |
No |
State Shoreline Board |
Yes |
|
p. Shoreline Variances |
15.44.150 |
E or NE |
Yes |
No |
HE |
No |
DOE |
No |
State Shoreline Board |
Yes |
|
q. Mobile Home Parks |
16.12.005 |
E or NE |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
r. Binding Site Plan (General) |
17.06 |
E or NE |
Yes |
No |
HE |