Chapter 21A.100
REVIEW PROCEDURES – NOTICE REQUIREMENTS

Sections:

21A.100.010    Code compliance review – Actions subject to review.

21A.100.020    Code compliance review – Notice requirements and comment period.

21A.100.030    Code compliance review – Decisions and appeals.

21A.100.040    Director review – Actions subject to review.

21A.100.050    Director review – Decision regarding proposal.

21A.100.055    Director review – Procedure for issuance of interpretations.

21A.100.060    Director review – Decision and interpretation final unless appealed.

21A.100.070    Examiner review – Zone reclassifications and special use permits.

21A.100.080    Combined review.

21A.100.090    Establishment of hearing rules.

21A.100.100    Records.

21A.100.110    Modifications and expansions of uses or developments authorized by existing land use permits – Permits defined.

21A.100.120    Modifications or expansions of uses or developments authorized by existing land use permits – When use now permitted outright.

21A.100.130    Modifications or expansions of uses authorized by existing land use permits – Required findings.

21A.100.140    Modifications and expansions – Use or development authorized by an existing planned unit development approval.

21A.100.150    Modifications and expansions – Uses or development authorized by existing conditional use, special use, or unclassified use permits.

21A.100.010 Code compliance review – Actions subject to review.

The following actions shall be subject to administrative review for determining compliance with the provisions of this title and/or any applicable development conditions that may affect the proposal:

(1) Building permits;

(2) Grading permits; and

(3) Temporary use permits. (Ord. O99-29 § 1)

21A.100.020 Code compliance review – Notice requirements and comment period.

(1) The department shall provide posted and published notice pursuant to Chapter 21A.90 SMC for temporary use permits.

(2) Any written comments on applications subject to code compliance review shall be submitted within 15 days of the date of published notice or the posting date, whichever is later. (Ord. O99-29 § 1)

21A.100.030 Code compliance review – Decisions and appeals.

(1) The department shall approve, approve with conditions, or deny permits based on compliance with this title and any other development condition affecting the proposal.

(2) Decisions on temporary use permits may be appealed to the hearing examiner.

(3) Permits approved through code compliance review shall be effective for the time periods and subject to the terms set out as follows:

(a) Building permits shall comply with the Uniform Building Codes as adopted by the City in SMC Title 16;

(b) Grading permits shall comply with Chapter 16.15 SMC; and

(c) Temporary use permits shall comply with Chapter 21A.70 SMC. (Ord. O99-29 § 1)

21A.100.040 Director review – Actions subject to review.

Applications for variances, exceptions under SMC 21A.50.070, interpretations under Chapter 21A.05 SMC, and conditional uses shall be subject to the director review procedures set forth in this chapter. (Ord. O2009-248 § 1; Ord. O99-29 § 1)

21A.100.050 Director review – Decision regarding proposal.

(1) Decisions regarding the approval or denial of proposals subject to director review shall be based upon compliance with the required showings of Chapter 21A.110 SMC, or in the case of interpretations, based upon compliance with the requirements of Chapter 21A.05 SMC.

(2) The written decision contained in the record shall show:

(a) Facts, findings and conclusions supporting the decision and demonstrating compliance with the applicable decision criteria; and

(b) Any conditions and limitations imposed, if the request is granted.

(3) The director shall mail a copy of the written decision to the applicant and to all parties of record.

(4) Rules. The director shall adopt rules for the transaction of business and shall keep a public record of his or her actions, findings, waivers and determinations. (Ord. O2009-248 § 1; Ord. O99-29 § 1)

21A.100.055 Director review – Procedure for issuance of interpretations.

(1) A person may submit written analysis and supporting documentation to assist the director in analyzing a code interpretation request.

(2) The director may conduct research or investigation as the director deems necessary to resolve the issue presented in the code interpretation request and may refer the request to department staff and other City staff for review and analysis.

(3) A code interpretation must be in writing, clearly labeled “Code Interpretation,” and describe the basis for the interpretation pursuant to SMC 21A.05.095.

(4) The director shall issue a code interpretation within 60 days after receiving the code interpretation request, unless the director determines that based on the unusual nature of the issue additional time is necessary to respond to the request. If the code interpretation request relates to a specific development proposal that is pending before the department of community development or relates to a code enforcement action that is subject to appeal, the code interpretation shall become final when the department of community development issues its final decision on the underlying development proposal for a Type 1 or 2 decision, the department makes its recommendation on a Type 3 or 4 decision or, based on the code interpretation, the department issues a notice and order, citation or stop work order under SMC Title 23. If the director determines that a code interpretation request does not relate to a specific development proposal that is currently pending before the City or to a code enforcement action, the code interpretation is final when issued by the director.

(5) The director shall maintain a list of indexed code interpretations for public inspection.

(6) The director shall mail copies of the code interpretation to the following:

(a) The person who requested the code interpretation;

(b) If the director determines that the code interpretation relates to a specific development proposal that is pending before the City, the applicant and all other parties of record for that proposal;

(c) If the director determines the code interpretation relates to a specific parcel of property, the taxpayer of record for that parcel; and

(d) Any person who has submitted written comments regarding the director’s review of the code interpretation request.

(7) When it is final, a code interpretation remains in effect until it is rescinded in writing by the director or it is modified or reversed on appeal by the hearing examiner, the City council or an adjudicatory body.

(8) A code interpretation issued by the director governs all staff review and decisions unless withdrawn, or modified by the director or modified or reversed on appeal by the City hearing examiner, City council, or an adjudicatory body. (Ord. O2009-248 § 1)

21A.100.060 Director review – Decision and interpretation final unless appealed.

(1) The decision of the director shall be final unless the applicant or an aggrieved party files an appeal to the hearing examiner pursuant to SMC 20.10.080.

(2) The interpretation of the director shall be final except for any appeal allowed as follows:

(a) If the director determines that a code interpretation is necessary for review of a specific development proposal that is currently before the department, and the development project is subject to an administrative appeal, any appeal of the code interpretation shall be consolidated with and is subject to the same appeal process as the underlying development project. If the director determines that a code interpretation request relates to a code enforcement action, any appeal of the code interpretation shall be consolidated with and is subject to the same appeal process as the code enforcement action. If the city of Sammamish hearing examiner makes the city’s final decision with regard to the underlying permit, other approval type or code enforcement action regarding which the interpretation was requested, the hearing examiner’s decision constitutes the city’s final decision on the code interpretation request. If the city council, acting as a quasi-judicial body, makes the city’s final decision with regard to the underlying permit or other approval type regarding which the interpretation was requested, the city council’s decision constitutes the city’s final decision on the code interpretation request.

(b) If the director issues a code interpretation that is not associated with one of the items described in subsection (a) of this section, the interpretation may be appealed to the hearing examiner within twenty one days of the date the notice of the interpretation is provided.

(3) The hearing examiner shall review and make decisions based upon information contained in the written appeal and the record.

(4) The hearing examiner’s decision may affirm, modify, or reverse the decision of the director.

(5) As provided by SMC 20.10.240(1) and (2):

(a) The hearing examiner shall render a decision within 10 days of the closing of hearing; and

(b) The decision shall be final unless appealed under the provisions of SMC 20.10.250(1).

(6) Establishment of any use or activity authorized pursuant to a conditional use permit, reasonable use exception, or variance shall occur within four years of the effective date of the decision for such permit or variance; provided, that for schools this period shall be five years. This period may be extended for one additional year by the director if the applicant has submitted the applications necessary to establish the use or activity and has provided written justification for the extension.

(7) For the purpose of this section, “establishment” shall occur upon the issuance of all local permit(s) for on-site improvements needed to begin the authorized use or activity; provided, that the conditions or improvements required by such permits are completed within the timeframes of said permits.

(8) Once a use, activity or improvement allowed by a conditional use permit or variance has been established, it may continue as long as all conditions of permit issuance are met. (Ord. O2009-249 § 1; Ord. O2009-248 § 1; Ord. O99-29 § 1)

21A.100.070 Examiner review – Zone reclassifications and special use permits.

Applications for zone reclassifications and special use permits shall be reviewed by the department subject to the procedures and criteria set forth in Chapter 20.10 SMC. (Ord. O99-29 § 1)

21A.100.080 Combined review.

Proposed actions may be combined for review purposes with any other action subject to the same review process, provided:

(1) Notice requirements for combined review shall not be less than the greatest individual action requirement; and

(2) No permit shall be approved without prior review and approval of any required variance. (Ord. O99-29 § 1)

21A.100.090 Establishment of hearing rules.

The department shall establish rules governing the conduct of public hearings before the hearing examiner and City council pursuant to Chapter 2.55 SMC. (Ord. O99-29 § 1)

21A.100.100 Records.

The department shall maintain public records for all permit approvals and denials containing the following information:

(1) Application documents;

(2) Tape recorded verbatim records of required public hearing;

(3) Written recommendations and decisions for proposed actions;

(4) Ordinances showing final council actions;

(5) Evidence of notice;

(6) Written comments received; and

(7) Material submitted as exhibits. (Ord. O99-29 § 1)

21A.100.110 Modifications and expansions of uses or developments authorized by existing land use permits – Permits defined.

For the purposes of this chapter, a “land use permit” shall mean a conditional use permit, special use permit, unclassified use permit, or planned unit development. (Ord. O99-29 § 1)

21A.100.120 Modifications or expansions of uses or developments authorized by existing land use permits – When use now permitted outright.

Proposed modifications or expansions to a use or development authorized by an existing land use permit shall not require an amendment to the existing land use permit if the use is now permitted outright in the zone district in which it is located and shall not require findings pursuant to SMC 21A.100.130. (Ord. O99-29 § 1)

21A.100.130 Modifications or expansions of uses authorized by existing land use permits – Required findings.

Modifications or expansions approved by the department shall be based on written findings that the proposed modifications or expansions provide the same level of protection for and compatibility with adjacent land uses as the original land use permit. (Ord. O99-29 § 1)

21A.100.140 Modifications and expansions – Use or development authorized by an existing planned unit development approval.

Modifications and expansions of uses or developments authorized by an existing planned unit development approval shall be subject to the following provisions:

(1) Any approved modification or expansion shall be recorded.

(2) Modifications to building location and/or dimensions shall be reviewed pursuant to the code compliance process of SMC 21A.100.010 only when:

(a) No buildings are located closer to the nearest property line(s); and

(b) No increase in square footage of buildings is proposed.

(3) Modifications beyond those permitted in subsection (2) of this section and all expansions shall be subject to the approval of a conditional use permit. (Ord. O99-29 § 1)

21A.100.150 Modifications and expansions – Uses or development authorized by existing conditional use, special use, or unclassified use permits.

(1) The department may review and approve, pursuant to the code compliance process of SMC 21A.100.010, an expansion of a use or development authorized by an existing conditional use, special use or unclassified use permit provided that:

(a) The expansion shall conform to all provisions of this title and the original land use permit, except that the project-wide amount of each of the following may be increased up to 10 percent:

(i) Building square footage;

(ii) Impervious surface;

(iii) Parking; or

(iv) Building height.

(b) No subsequent expansions shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection (1)(a) of this section.

(2) A conditional use permit shall be required for expansions within a use or development authorized by an existing conditional use permit if the expansions are not consistent with the provisions of subsection (1) of this section.

(3) A special use permit shall be required for expansions within a use or development authorized by an existing special use or unclassified use permit, if the expansions to either permit are not consistent with the provisions of subsection (1) of this section.

(4) This section shall not apply to modifications or expansions of telecommunication facilities, the provisions for which are set forth in SMC 21A.55.130 or to modifications or expansions of nonconformances, the provisions for which are set forth in SMC 21A.70.070. (Ord. O99-29 § 1)