Chapter 19.02
TYPES OF PROJECT PERMIT APPLICATIONS

Sections:

19.02.010    Conflicts.

19.02.020    Procedures for processing project permits.

19.02.030    Determination of proper procedure type.

19.02.040    Legislative decisions.

19.02.050    Legislative enactments not restricted.

19.02.060    Exemptions from project permit application processing.

19.02.010 Conflicts.

In the event provisions related to open record hearings, closed record appeals and judicial appeals found in any other title or regulatory document of the town of Winthrop conflict with any provisions of this title, the provisions of this title shall supersede and control unless otherwise specified by Washington State statute. Such titles and documents may include, but are not limited to, Chapter 5.04, Chapter 15.04, Chapter 15.08, Chapter 15.12, Title 16, Title 17 and Chapter 18.04, and Chapter 7.00 of the Town of Winthrop Shoreline Master Program. (Ord. 482 § 1 (part), 1997)

19.02.020 Procedures for processing project permits.

For the purpose of project permit processing and as shown by Table 19.02.020(A), all development permit applications shall be classified as one of the following: Type I, Type II, Type III, or Type IV. Legislative decisions are Type V actions and are addressed in Section 19.02.040. Exclusions from the requirements of project permit application processing are contained in Section 19.02.060.

Table 19.02.020(A)—Permit Procedure Types I—IV 

Permit Type

Recommendation By

Open Record Public Hearing?

Final Decision Made By

Appeal Body

Type I—Administrative approval. No planning commission involvement. No council involvement unless appeal is filed.

Boundary line adjustments

NA

No

Administrator

Town council (open record)

Short plat

NA

No

Administrator

Town council (open record)

Business licenses

NA

No

Town clerk/treasurer

Town council (open record)

Building permits

NA

No

Building official

None

Shoreline substantial development permit

NA

Only if the administrator or council determines that the development is one of special significance (See SMP)

Administrator, unless public hearing is held by council

Appeal of admin. decision regarding SDP goes to council. Appeal of council decisions regarding SDPs goes to State Shoreline Hearings Board

Shoreline statement of exemption

NA

No

Administrator

Town council (open record)

Floodplain development hazard

NA

No

Administrator

Town council (open record)

Qualified exemption from subdivision ordinance

NA

No

Administrator

Town council (open record)

Westernization approval, except decisions on projects exceeding $200,000 in value

WDRB

No

WDRB

Town council (open record)

Home occupation

NA

No

Administrator

Town council (open record)

Statement of nonconformity

NA

No

Administrator

Town council (open record)

Access permits

NA

No

Public works superintendent

Town council (open record)

Type II—Administrator to planning commission; no council involvement unless appeal is filed.

Subdivision ordinance variances

Administrator

Yes, before planning commission.

Planning commission

Town council (closed record)

Type III—Recommendation by administrator and planning commission; hearings and decision by town council.

Conditional use permits

Administrator

Town council

Town council

Superior court

Variances

Administrator

Town council

Town council

Superior court

Nonconforming use variances

Administrator

Town council

Town council

Superior court

Shoreline variances

Administrator

Town council

Town council. Decision of council forwarded to Dept. of Ecology for final approval

No local appeal. Appeals can be submitted to State Shoreline Hearings Board

Shoreline conditional use permits

Administrator

Town council

Town council. Decision of council forwarded to Dept. of Ecology for final approval

No local appeal. Appeals can be submitted to State Shoreline Hearings Board

Final approval of planned development

Administrator/planning commission

No

Town council. May be referred to planning commission for further review

Superior court

Final approval of long plat

Administrator/planning commission

No

Town council. Council may send back to planning commission if final plat is significantly changed, in which case final plat approval becomes a Type IV permit

Superior court

Floodplain development variance

Administrator

Yes, before council prior to final decision

Town council

Superior court

Type IV—Recommendation by planning commission; final decision by town council.

Preliminary approval of long plats

Planning commission

Yes, before planning commission prior to making its recommendation to council

Town council

Superior court

Preliminary approval of planned developments

Planning commission

Yes, before planning commission prior to making its recommendation to council

Town council

Superior court

Rezones

Planning commission

Yes, before planning commission prior to making its recommendation to council

Town council

Superior court

Plat vacations and alterations

Administrator

Town council

Town council

Superior court

Westernization permits for projects exceeding $200,000 in value

WDRB

Town council

Town council

Superior court

(Ord. 693 § 1 (Att. A), 2017; Ord. 663 § 6 (Att. A), 2014: Ord. 482 § 1 (part), 1997)

19.02.030 Determination of proper procedure type.

A. Determination by Permit Administrator. Using Table 19.02020(A), Permit Procedure Types I-IV, the permit administrator* (“administrator”) or his/her designee shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the administrator shall resolve it in favor of the higher procedure type number.

B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may request that the application be processed collectively or individually. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to the subsequent lower number procedure.

C. Decision-maker(s). Applications processed in accordance with subsection B of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decision-maker(s). The town council is the highest followed by the board of adjustment, planning commission, as applicable, and then by the administrator. Joint public hearings with other agencies shall be processed according to Section 19.10.080. (Ord. 482 § 1 (part), 1997)

*    In most instances the administrator shall be the planner, in others it may be the town clerk/treasurer.

19.02.040 Legislative decisions.

A. Decisions. The following decisions are legislative and are not subject to the procedures in this chapter, unless otherwise specified:

1. Adoption or amendment of comprehensive plan;

2. Adoption of development regulations and amendments thereto;

3. Areawide rezones to implement new town policies;

4. Adoption of Shoreline Master Program, and amendments thereto;

5. Annexations.

B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the town council on the decisions listed in subsection A of this section. The public hearing shall be held in accordance with the requirements of Chapter 19.10.

C. Town Council. The town council may consider the planning commission’s recommendation in a public hearing held in accordance with the requirements of Chapter 19.10.

D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in Section 19.06.040.

E. Implementation. The town council’s decision shall become effective by passage and subsequent publication of an ordinance. (Ord. 482 § 1 (part), 1997)

19.02.050 Legislative enactments not restricted.

Nothing in this chapter or the permit processing procedures shall limit the authority of the town council to make changes to the town’s comprehensive plan, or to make changes to the town’s development regulations. (Ord. 482 § 1 (part), 1997)

19.02.060 Exemptions from project permit application processing.

A. Whenever a permit or approval has been designated as a Type I, II, III or IV permit by the administrator, the procedures in this title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title:

1. Street vacations:

2. Street use permits.

B. Pursuant to RCW 36.70B.140(2), building permits, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under RCW 43.21 C, the State Environmental Policy Act: and Title 18.04, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:

1. Determination of completeness: see Section 19.04.030(A):

2. Except as provided in RCW 36.70B. 140, optional consolidated project permit review processing: see Section 19.04.030B;

3. Joint public hearings: see Section 19.10.080;

4. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing: see Section 19.10.020(C);

5. Notice of decision: see Section 19.10.090;

6. Completion of project review within any applicable time periods (including the one hundred twenty day permit processing time): see Section 19.10.100. (Ord. 482 § 1 (part), 1997)