Chapter 16B.03
CLASSIFICATION BY PROJECT PERMIT TYPE
Sections:
16B.03.010 Introduction.
16B.03.020 Exemptions From this Title.
16B.03.030 Project Permit Procedures – Defined.
16B.03.040 Classification of Project Permit Applications.
16B.03.050 Limitations on Open Record Public Hearings and Closed Record Appeals.
16B.03.060 Master Application Process.
16B.03.070 Administrative Interpretations.
16B.03.010 Introduction.
For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Exempt, Type I, Type II, Type III, or Type IV. Legislative decisions are addressed in Sections 16B.01.030 – 16B.01.040. Actions exempt from the requirements of project permit application processing are listed in Section 16B.03.020.
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.03.020 Exemptions From this Title.
(1) All Type I applications listed in Table 3-2, building permits or other construction permits, or other similar administrative approvals which are categorically exempt from environmental review under SEPA (RCW Chapter 43.21C and Title 16 of this code), are excluded from the following procedures:
(a) Determination of completeness (Sections 16B.04.030 – 16B.04.060);
(b) Notice of application (Chapter 16B.05);
(c) Master application processing (Section 16B.03.060);
(d) Joint public hearings (Section 16B.08.070);
(e) Single report (notice of decision) stating all the decisions and recommendations made as of the date of the report (Chapter 16B.07);
(f) Completion of project review within applicable time periods including the 120-day permit processing time (Chapter 16B.07).
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.03.030 Project Permit Procedures – Defined.
(1) The administrative official shall determine the procedural classification (Type I – IV) for all development applications. If there is a question as to the appropriate procedure type, the administrative official shall resolve it in favor of the higher procedural classification.
(a) Type I applications involve ministerial actions and are exempt from public notice requirements. Final determinations on the project permit shall be made by the administrative official without a prior public hearing. Final determinations on Type I projects can be appealed to the hearing examiner. The examiner’s decision is subject to a closed record appeal to the board of county commissioners. Type I permits are often exempt from SEPA (State Environmental Policy Act) review.
(b) Type II applications are administrative actions which may generate public interest. Public notice will be provided for Type II actions. The final determination will be made by the administrative official. The administrative official’s determination can be appealed to the hearing examiner. The hearing examiner’s determination is subject to a closed record appeal to the board of county commissioners.
(c) Type III applications are quasi-judicial actions and require an open record hearing by the hearing examiner. The examiner’s written decision constitutes the final decision. The hearing examiner’s determination is subject to a closed record appeal to the board of county commissioners. Public notice will be provided on Type III actions.
(d) Type IV applications are quasi-judicial actions which require an open record hearing before the hearing examiner. The examiner’s written decision constitutes a recommendation to the board of county commissioners. The board shall conduct a closed record hearing to act on the examiner’s recommendation. Public notice will be provided on Type IV actions.
(e) Final administrative decisions may be appealed to Washington State Superior Court pursuant to Section 16B.09.060.
(2) Table 3-1 identifies the final decision maker, recommending body, hearing body, and appeal body for the four procedural types. Table 3-2 identifies the procedural classification for the various land use permits. Notice provisions for each procedural classification are contained in Table 5-1.
|
Process Type |
Public Notice |
Recommending Body |
Open Record Hearing Body |
Decision Maker |
Appeal Body |
|
Type I |
N/A |
N/A |
N/A |
Administrative Official |
Hearing Examiner1(open record hearing) |
|
Type II |
Yes |
N/A |
N/A |
Administrative Official |
Hearing Examiner1(open record hearing) |
|
Type III |
Yes |
Administrative Official |
Hearing Examiner |
Hearing Examiner |
BOCC (closed record hearing) |
|
Type IV |
Yes |
Hearing Examiner |
Hearing Examiner |
BOCC (closed record hearing) |
Superior Court |
|
Note: |
|
|
1 |
Appeal determinations by the hearing examiner on Type I and II applications may be further appealed to the board of Yakima County Commissioners for a closed record appeal. Final administrative decisions may be appealed to Washington State Superior Court. |
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.03.040 Classification of project permit applications.
The following permits are subject to the decision making processes specified in Table 3-1 and Section 16B.03.030.
|
Title 14 - Yakima County Subdivision Code |
|
|
Application |
Process Type |
|
Actions Exempt from Subdivision Code: (boundary line adjustments, financial segregations, etc.) |
Type I |
|
Commercial and Industrial Site Plan Developments: |
Type I |
|
Short Plats: |
Type II |
|
Preliminary Long Plats: |
Type IV |
|
Final Long Plats: |
N/A1 |
|
Variances: |
Type III |
|
Title 15 - Yakima County Zoning Code |
|
|
Application |
Process Type |
|
Nonconforming Use Expansion: |
Type II |
|
Minor Modification to a Planned Development: |
Type I |
|
Major Modification to a Planned Development: |
Type IV |
|
Special Property Uses: |
Type II2 |
|
Conditional Uses: |
Type III |
|
Variances: |
Type II2 |
|
Planned Development: |
Type IV |
|
Use District Reclassification (Rezones): |
Type IV |
|
Title 15A - Yakima Urban Area Zoning Code |
|
|
Application |
Process Type |
|
Class One (1) Uses: |
Type I |
|
Class Two (2) Uses: |
Type II2 |
|
Class Three (3) Uses: |
Type III |
|
Modifications to Existing or Approved Class Two (2) and Three (3) Uses: |
Type I |
|
Nonconforming Use Expansions: |
Type III |
|
Variances: |
Type III |
|
Rezones: |
Type IV |
|
Administrative Adjustments in non-Residential Districts: |
Type I |
|
Administrative Adjustments in Residential Districts: |
Type II |
|
Title 16 - Yakima County SEPA Ordinance |
|
|
Application |
Process Type |
|
Environmental Review (SEPA checklist): |
Type II |
|
Title 16A - Yakima County Critical Areas Ordinance |
|
|
Application |
Process Type |
|
Floodprone Permits: |
Type I |
|
Floodprone Development Variances: |
Type II2 |
|
Standard Development Permits: |
Type I3 |
|
Substantial Development Permits: |
Type II2 |
|
Notes: |
|
|
1 |
Final plat applications are subject to determination of completeness as required by Sections 16B.04.030 - 16B.04.060. However, once the application is deemed complete, i.e. - all the requirements of the preliminary plat resolution as signed by the BOCC have been met, the final plat is forwarded to the BOCC for signature at their next regular agenda meeting. |
|
2 |
Class Two (2) uses, Special Property Use applications, Floodprone Development Variances, and Substantial Development permits may be referred by the administrative official to the hearing examiner for final decision, rendering them Type III applications. |
|
3 |
Standard Development permits under the Critical Areas Ordinance may be processed for final decision as Type II project permits rather than as Type I permits at the discretion of the administrative official. |
|
4 |
SEPA reviews other than a DS where the underlying permit is Type I and there is no notice of application or notice to adjoining property owners is required shall be processed as a Type I. |
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.03.050 Limitations on Open Record Public Hearings and Closed Record Appeals.
Except for the appeal of a SEPA determination of significance, no more than one open record hearing and one closed record appeal or hearing may occur on a single project permit application or master application.
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.03.060 Master Application Process.
An application that involves two or more procedures shall 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 determine whether the application shall 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 and separately from the subsequent lower numbered procedure.
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).
16B.03.070 Administrative Interpretations.
Upon request the applicable official shall issue a formal written interpretation of a development regulation. The request shall be on a form provided by the planning department and shall include identification of the regulation in question, a description of the property (if applicable), and a clear statement of the issue or question to be decided. Formal written interpretations shall be Type I actions, unless otherwise specified, and as such may be appealed to the hearing examiner (Table 3-1).
(1) The administrative official or his/her designee, shall interpret and apply the provisions of Title 14 – Subdivision Code, Title 15 – County Zoning Code, Title 16 – SEPA, and Title 16A – Critical Areas Ordinance.
(2) The hearing examiner shall issue interpretations regarding any provisions of the Urban Area Zoning Code (Title 15A) or Urban Area Zoning Map, as specified by Chapter 15.22. The hearing examiner shall determine when a hearing is required for such interpretations.
(Ord. 14-1998 § 1 (part), 1998: Ord. 4-1996 § 1 (part), 1996).