Chapter 17.80 ADMINISTRATION

ADMINISTRATION

Chapter 17.80
ADMINISTRATION

Sections:

17.80.010 Planning commission.

17.80.020 Reserved.

17.80.030 Site development permit purpose and applicability – Major and administrative permits, when required.

17.80.031 Site development permit terms and conditions.

17.80.032 When permit is not required.

17.80.033 Major site development permit review procedures.

17.80.034 Administrative site development permit review procedures.

17.80.035 Application for site development permits.

17.80.036 Criteria for approval of an application and issuance of a site development permit.

17.80.037 Permit modification.

17.80.040 Consolidated permit review process.

17.80.050 Administrative authority.

17.80.060 Exceptions.

17.80.070 Occupancy permit.

17.80.080 Grading permits.

17.80.090 Appeals of permit decisions.

17.80.100 Development agreements.

17.80.110 Variances.

17.80.115 Administrative interpretations.

17.80.120 Conditional use permits.

17.80.130 Table of land use procedures.

17.80.010 Planning commission.

(1) Planning Commission. Pursuant to Chapter 35A.63 RCW, there is hereby established a planning commission comprised of seven members appointed by the mayor and confirmed by the city council. At least five members of the planning commission shall reside within the corporate limits or the urban growth area of the city of Stanwood.

(2) Term of Office. Members of the commission shall serve a term of five years and may be re-appointed for additional five-year terms by the mayor with approval of the city council.

(3) Conflict of Interest. No member shall sit on the commission or vote when the commission discusses an application that the commission member or the commission member’s immediate family, business partner, employer, employee, lessor, lessee, corporate officer, consultant, or an individual or corporation that has a financial relationship with, has ownership, an interest, or has business transactions currently or has had during the previous one year. Such a conflict of interest will administratively render the application as being withdrawn and the applicant shall be required to resubmit a new application.

(4) Removal from Office. After a public hearing (or waiver thereof), any member of the planning commission may be removed by the mayor with the approval of the city council for neglect of duty or malfeasance in office. Prior to any such action, however, written notice shall be given to the member involved at least 10 working days in advance of the anticipated hearing date. The notice shall state that removal is being contemplated, indicate the grounds for which such action is based, and advise the member that a public hearing has been set before city council. No member shall be removed until such hearing (or waiver thereof by the member) has been held.

(5) Reimbursable Expenses. Each member of the planning commission shall be entitled to reimbursement for personal expenses in the same manner as the city council.

(6) Organization. The commission shall organize itself by electing a chairperson and vice-chairperson, and shall be provided with a secretary hired by the city.

(7) Meetings. The commission shall designate the time and place for a regular monthly meeting. If there is no business to be transacted by the planning commission in any month, the meeting may be canceled. No action requiring a vote shall be taken unless a quorum is present.

(8) Powers and Duties. The planning commission shall advise the mayor and council in matters concerning the comprehensive land use and development of the city and its environs, hold public meetings and hearings when called for by this code when requested by the city council, and provide the council with copies of all minutes of each session of the commission. The commission shall prepare and submit to the city council for adoption any additional plans and undertake any plans and studies assigned by the city council to better accomplish the objectives, intent, purpose, scope, goals, and policies of this code. The commission shall also perform other duties as assigned by city council.

(9) Rules of Procedure. The planning commission shall be authorized to adopt any lawful rule of procedure pursuant to SMC 2.44.270. (Ord. 1249 §§ 5, 6, 2009; Ord. 1110 § 3, 2002; Ord. 963 §§ 1 – 9, 1996; Ord 447 §§ 4, 8, 9, 1975).

17.80.020 Reserved.

(Ord. 1253 § 2, 2009; Ord. 1084, 2000; Ord. 969, 1996; Ord. 929 Ch. 8(B), 1995).

17.80.030 Site development permit purpose and applicability – Major and administrative permits, when required.

(1) Purpose and Applicability.

(a) The purpose of this chapter shall be to provide a coordinated review of zoning and other development regulations and to ensure that proposed site development complies with the city’s Comprehensive Plan, zoning regulations, public works standards, and other applicable development regulations.

(b) On or after the effective date of this code, any person wishing to undertake a development, except as provided in SMC 17.80.032, shall obtain a site development permit, in addition to obtaining any other permit required by law, prior to performing or undertaking any such development project.

(2) Administrative site development permits shall be issued by the community development director in accordance with SMC 17.80.034, only after all requirements of this code have been met.

(3) Major site development permits shall be issued by the hearing examiner in accordance with SMC 17.80.033, only after all requirements of this code have been met.

(4) A project shall be deemed to be a major project and subject to hearing examiner review if it exceeds any of the following criteria:

Major Site Development Permit Threshold Table
Zoning District	Acreage	Nonresidential Floor Area	Dwelling Units	Sub-division of Lots
SR 12.4	5 Acres	10,000 SF	18	18
SR 9.6	5 Acres	10,000 SF	23	23
SR 7.0	4 Acres	10,000 SF	24	24
SR 5.0	3 Acres	10,000 SF	24	24
MR	N/A	N/A	40	19
NB	N/A	N/A	N/A	N/A
MB-I	N/A	N/A	N/A	N/A
MB-II	N/A	N/A	N/A	N/A
GC	N/A	N/A	N/A	N/A
LI	N/A	N/A	N/A	N/A
GI	N/A	All Uses	N/A	N/A
NOTE: SF = Square Feet N/A = Not Applicable

(5) Land use actions that cause the demolition without replacement of more than 10 units of affordable housing as defined by this code shall be subject to all major site development permit requirements.

(6) Activities that under other laws, codes and regulations of the state or the federal government require an environmental impact statement shall be deemed a major project for permit processing purposes. (Ord. 1253 § 3, 2009; Ord. 1110 § 3, 2002; Ord. 1037, 1998; Ord. 969, 1996; Ord. 929 Ch. 8(C)(1), 1995).

17.80.031 Site development permit terms and conditions.

(1) Any site development permit that is issued shall be subject to the terms and conditions imposed by the community development director to ensure that such development will be in accordance with the provisions of the Comprehensive Plan, this code and the Shoreline Master Program. The review of a proposed development may continue concurrently with a proposed Comprehensive Plan amendment if the timing of the development proposal corresponds with the Comprehensive Plan process and schedule.

(2) While reviewing project permit applications, the city shall combine the environmental review process, both procedural and substantive, with the procedure for review of project permits; and except for the determination of significance as provided in RCW 43.21C.075, the city shall provide for no more than one open record hearing and one closed record appeal per permit. If an open record pre-decision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing. Please reference SMC 17.80.033, Major site development permit review procedures, and SMC 17.80.130, Table of land use procedures, for specific procedures.

(3) The city shall establish and maintain a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action. This includes a combined application review and approval process covering all project permits requested by an applicant for all or part of a project action and a designated permit coordinator. If an applicant elects the consolidated process, the determination of completeness, the notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process. Please reference SMC 17.80.040, Consolidated permit review process, for specific procedures.

(4) The city may require a pre-application conference or a public meeting by rule, ordinance, or resolution.

(5) The city shall monitor and enforce permit decisions and conditions.

(6) The city is not liable for damages due to the city’s failure to make a decision within the time limits established in this chapter.

(7) Re-application. If an application for a site development permit is denied, the applicant may not submit another application for development of the same property sooner than 120 calendar days after the date of such denial.

(8) Permit Commencement and Expiration. Any development approved by a site development permit shall be commenced within 24 months from the date such permit is issued. For site development permits, one 12-month extension may be granted for good cause by the approval body that approved the original permit. The approval body may, however, determine at its discretion that a public hearing may be required for such extension.

(9) The site development permit shall be considered commenced when a building permit is issued. Building permits shall not be issued until the appeal period for an approved site development permit has expired.

(10) Phased development authorized in one site development permit may be commenced with separate building permits, however each phase must be initiated within the required 24-month period. As long as the development of a phased project conforms to the approved phasing plan, the zoning regulations in effect at the time of the original approval shall continue to apply. However, all construction shall conform to the International Building Code and International Fire Code regulations in force at the time of building permit application.

(11) Any construction authorized by a building permit shall be commenced within 180 days from the date the permit is issued. Failure to commence substantial development within such period shall cause the site development permit to lapse and render it null and void. No extensions shall be granted. For purposes of this section, a permit shall be considered issued on the date it is signed by the building official, community development director, or hearing examiner.

(12) Evidence of Ownership or Legal Interest. Upon filing an application, the applicant shall be required to show evidence in writing of his or her legal interest in and the right to perform development upon all property on which work would be performed if the application is approved, including submittal of all relevant legal documents. Where the applicant is not the owner of the property, the owner must co-sign the application before it will be accepted for filing. The applicant shall have the burden of demonstrating to the satisfaction of the community development director the current validity of the legal interest upon which he or she bases any part of the application before such application can be deemed to be complete. The city may require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this code. The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal. (Ord. 1253 § 4, 2009; Ord. 1110 § 3, 2002; Ord. 969, 1996; Ord. 929 Ch. 8(C)(2), 1995. Formerly 17.80.040).

17.80.032 When permit is not required.

(1) Notwithstanding any provision in this code to the contrary, no site development permit shall be required pursuant to this code for the following types of development:

(a) Accessory structures in a residential zone that do not require a building permit;

(b) Right-of-way permits that do not require a grading permit;

(d) Signs;

(e) Demolition of an existing structure; and

(f) The repair, maintenance, or interior remodeling of an existing structure where such activities do not result in an addition, enlargement or expansion of the existing facility.

However, this does not preclude the requirement for a building permit for any exempted activities.

(2) Where immediate action by a person is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster or serious accident, or in other cases of emergency, the requirement of obtaining a site development permit prior to initiating such action under this section may be waived by the community development director. The applicant shall notify the community development director, in writing, of the type and location of the work, the length of time necessary to complete the work, and the name of the person or public agency conducting the work. This shall be done within 30 days following the disaster, accident, or other emergency. However, this shall not preclude the requirement for building permits for such activity. (Ord. 1253 § 5, 2009; Ord. 969, 1996; Ord. 929 Ch. 8(C)(3), 1995. Formerly 17.80.050).

17.80.033 Major site development permit review procedures.

(1) Permit Required. Any person wishing to undertake a major project as defined in this section shall obtain a major site development permit from the hearing examiner, in addition to obtaining any other permit required by law from any public agency prior to performing or undertaking any development, in accordance with the procedures of this section.

(a) Prior to the submittal of any application for a major site development permit, the applicant shall attend a pre-application meeting scheduled by the community development director. The purpose of this meeting shall be to afford the applicant an opportunity to discuss the proposed development and receive guidance with regard to required submittals.

(b) Determination of Completeness. Upon submission of any application, the community development director will determine whether such application is complete in the form of a determination of completeness as required by RCW 36.70A.440. The city shall mail or provide in person a written determination that the application is complete or incomplete and what is necessary to make the application complete. The determination of completeness shall be submitted to the applicant in no event more than 28 days after receipt thereof. An application shall be deemed complete if the city does not provide a written determination of completeness to the applicant within 28 days after formal application submittal. If the application is incomplete, and the applicant submits to the city the additional information necessary to complete the application, the city shall notify the applicant within 14 days whether the application is complete or what additional information is necessary. A project permit application is complete when it meets the procedural submission requirements of the city and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed actions occur.

(i) A notice of application shall be provided to the public and the departments and agencies with jurisdiction as provided under RCW 36.70B.110. If the city made a determination of significance under Chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. A determination of significance and scoping notice may be issued prior to the notice of application.

(ii) Upon determination that an application for a major site development permit is complete, a notice of application shall be provided within 14 days after the determination of completeness. The following shall be included in the determination:

(A) The date of application, the date of the notice of completion;

(B) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070 or 36.70B.090;

(D) The identification of existing environmental documents that evaluate the proposed project, and the location of where the application and any studies can be reviewed;

(E) A statement that the public comment for the city is 14 days, following the date of the notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. The city may accept public comments at any time prior to the closing of the record of an open pre-decision hearing, if any, or, if no open record pre-decision hearing is provided, prior to the decision on the project permit;

(F) The date, time and place, and type of hearing, if applicable and scheduled at the date of the notice of the application;

(G) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and consistency;

(H) Any other information determined appropriate by the city community development director.

(iii) The notice of application shall be provided at least 15 days prior to the open record hearing.

(iv) Methods of notice of application. Notice of application shall be given by the following methods:

(A) Publication in an official newspaper pursuant to SMC 1.08.010;

(B) Posting the site in a location visible from a city right-of-way; and

(v) A notice of application shall not be required for project permits that are categorically exempt under Chapter 43.21C RCW, unless a public comment period or an open record pre-decision hearing is required.

(vi) The city shall integrate the permit procedures in this section with environmental review under Chapter 43.21C RCW as follows:

(A) Except for the determination of significance, the city shall not issue its threshold determination, or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application.

(B) If an open record pre-decision hearing is required and the city’s threshold determination requires public notice under Chapter 43.21C RCW, the city shall issue its threshold determination at least 15 days prior to the open record pre-decision hearing.

(d) Upon determination by the community development director that an application for a major site development permit is complete, the director shall promptly transmit a copy thereof to all relevant city agencies. Such agencies shall review and submit their comments on the application to the community development director within 15 working days of the receipt thereof.

(e) The community development director shall schedule a public meeting to be conducted by the planning commission on such application, said meeting to be commenced within 30 working days of the receipt of such completed application. The planning commission shall make a recommendation to the hearing examiner to approve, deny, or condition the approval of the project.

(f) The hearing examiner shall conduct the open record public hearing.

(g) In addition to the requirements for notice of a public hearing referenced in Chapter 17.85 SMC, notice of the public hearing for major site development proposals shall be given as stipulated:

(i) To those owners of property located within 300 feet of any portion of the boundaries of such adjacent parcels of property that are under the ownership of the subdivision applicant.

(ii) Any notice that may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, and/or other reasonable means.

(h) The community development director shall prepare a staff review, based on the information provided by the applicant and such additional investigation as is deemed necessary, apprising the planning commission and the hearing examiner of the general intent of the proposed development, including the type of project that is contemplated (i.e., residential, commercial, planned residential development, etc.), the location of the project, its size (i.e., number of dwelling units, height of structures, square feet of nonresidential space, etc.), and any other information deemed to be relevant. In preparing this review, consideration shall be given to the cumulative impacts of the proposed development and related projects. This review shall be completed and be available for review no later than five working days prior to the public meeting with the planning commission.

(i) The community development director may request the applicant to provide such additional information as is necessary to meet the requirements in the performance standards set forth in this code to ensure that a complete review is performed.

(j) Whenever the review process on a proposed major development has stopped because of a request for additional information, the applicant shall have up to 180 calendar days to supply the information. If said information is not supplied within this time, the application for development of the project shall be deemed to be null and void. Any further consideration of such a project shall require a new submittal of an application for development.

(k) In rendering a decision on an application for a site development permit, the hearing examiner shall take into account information gathered by the planning department, the planning commission’s recommendation and the testimony that was presented at the public hearing. The hearing examiner shall also consider the written reviews provided by all other designated governmental agencies. All of these written reviews shall be retained in the files of the office of the community development director on the particular project in question.

(l) The sole authority to approve final plats and adopt or amend platting ordinances shall reside with the city council.

(m) Notice of Decision. It shall be the stated policy of the city of Stanwood that for a major site development permit application, a period of 120 days shall be allocated for the review and rendering of a decision. This time period shall begin when it has been determined that a full and complete application has been submitted and the determination of completeness has been issued to the applicant and shall end when a notice of decision has been issued. The city shall provide a notice of decision that also includes a statement of any threshold determination made under Chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.

(n) In determining the number of days that have lapsed in the 120-day permit review period, the following are excluded:

(i)(A) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. The time shall be calculated from the date the local government notifies the applicant of the need for additional information until the city determines that the additional information satisfies the request for information or 14 days after the date the information has been provided to the city.

If the city determines that the additional information submitted by the applicant under subsection (1)(n)(i)(A) of this section is insufficient, it shall notify the applicant of the deficiencies, and the procedures under subsection (1)(n)(i)(A) of this section shall apply as if a new request for studies had been made;

(B) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the city by ordinance or resolution has established time periods for completion of an EIS, or if the city and the applicant agree, in writing, to a time period for completion of an EIS;

(C) Any period for administrative appeals of project permits if an open record appeal hearing or a closed record appeal, or both, are allowed. The city establishes the following time periods to consider and decide on such appeals. The time period shall not exceed (1) 90 days for an open record appeal hearing; and (2) 60 days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and

(D) Any extension of time mutually agreed upon by the applicant and the city.

(ii) The time limits established by subsection (1)(n)(i) of this section do not apply if a project permit application:

(A) Requires an amendment to the Comprehensive Plan or a development regulation;

(B) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or

(C) 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 under RCW 36.70B.070.

(iii) If the city is unable to issue its final decision within the time limits provided in this code, it shall provide written notice of this fact to the applicant. 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.

(iv) This section shall apply to project permit applications filed on or after June 1, 1996.

(o) The applicant may propose conditions on the use and development of the property to be rezoned that may mitigate otherwise unacceptable adverse effects of the proposed action. These conditions may be incorporated into a contract between the city and property owner as a necessary requirement of any rezoning consideration. Failure to fulfill the contract conditions shall void any rezoning action and the property shall revert to the previous zoning classification.

(p) A single report shall be submitted stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record pre-decision hearing and any recommendations on project permits that do not require an open record pre-decision hearing. The report shall state any mitigation required or proposed under the agency’s authority under RCW 43.21C.060. The report may be the permit. If the threshold determination other than the determination of significance has been issued previously by the city, the report shall include or append this determination.

(q) If an application for a permit is denied, the applicant may submit another application for a permit no sooner than 120 calendar days after the date of such denial. However, such new application may not be submitted in the same form as the one that was denied. The burden to show that any new application is substantially different than the one that was denied shall lie with the applicant.

(r) Interpretation of this code shall take place at the pre-application meeting with staff. At the request of the project applicant, an interpretation of the code may be appealed to the city hearing examiner.

(2) The applicant has the burden of proof to demonstrate compliance with these requirements. Any application that does not comply with all of the requirements shall be denied. (Ord. 1253 § 6, 2009; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 929 Ch. 8(C)(4), 1995. Formerly 17.80.060).

17.80.034 Administrative site development permit review procedures.

(1) A permit application shall be considered administrative when the project does not meet the threshold set forth in the Major Site Development Permit Threshold Table in SMC 17.80.030. Also reference SMC 17.80.130, Table of land use procedures.

(2) Prior to submittal, the applicant may be required to attend a pre-application meeting per SMC 17.80.130. Upon submittal of an application for an administrative site development permit, the community development director will determine whether such application is complete, and that the project complies with all applicable performance standards. If it is determined that such application is not complete, or does not comply with all applicable performance standards, the applicant shall be promptly notified, in no event more than 28 calendar days after receipt thereof, of the deficiencies in such application.

(3) If it is found, once the review process for a permit has begun, that additional information is needed to properly evaluate the application, the community development director shall request, in writing, whatever additional data or information is needed. The applicant shall have 90 days to supply the information. If the requested information is not supplied within this timeline, the application shall be deemed null and void.

(4) A period of 45 working days shall be allocated for the review and rendering of a decision for an administrative site development permit application. This time period shall begin when it has been determined that a full and complete application has been submitted, and shall not include periods during which the applicant is responding to the city’s request(s) for revisions or additional information. This policy in no way shall be interpreted as a definitive time period. Rather, it should be viewed as a framework or working guideline for the applicant and the city. (Ord. 1253 § 7, 2009; Ord. 1110 § 3, 2002; Ord. 969, 1996; Ord. 929 Ch. 8(C)(5), 1995. Formerly 17.80.070).

17.80.035 Application for site development permits.

All applications for site development permits shall provide the information required on the relevant application checklist provided by the city, which may require at least the following information; provided, however, that the applicant may request a waiver of any of the following requirements. Unless the applicant can prove to the satisfaction of the community development director’s office that a waiver is appropriate, he or she shall supply the following information:

(1) Eight copies of a site plan, to a scale of 100 feet to one inch, prepared by a registered engineer, architect, landscape architect, or land surveyor illustrating the proposed development of the property and including, but not limited to, the following:

(a) Topographical features showing present grades and any proposed grades if present grades are to be altered. Unless otherwise required by the community development director, contours at an interval not greater than five feet shall be shown;

(b) Property boundary lines and dimensions including any platted lot lines within the property;

(c) Location and dimensions of all existing and proposed buildings, including height in stories and feet and including total square feet of ground area coverage;

(d) Location and dimensions of all existing and proposed driveways and entrances, minimum setback dimensions and, where relevant, relation of setback dimensions to the height of any side of any building or structure;

(e) Location and dimensions of parking stalls, access aisles, and total area of lot coverage of all parking areas and driveways;

(f) Location and dimension, including height clearance, of all off-street loading areas;

(g) Location, designation and total area of all usable open space, including use of any paved areas as distinguished from grass, sodded, or other landscaped areas;

(h) Location and height of fences, walls (including retaining walls), or screen planting, and the type or kind of building materials or planting proposed to be used;

(i) Proposed surface stormwater drainage treatment;

(j) Location of easements or other rights-of-way;

(k) Location and designation of any open storage space; and

(l) Location and designation of any documented historic sites.

(2) Eight copies of a location map, at a scale of 200 feet to one inch showing, at a minimum, the uses of all property within 200 feet of the subject property, including the following:

(a) All streets, alleys or other public rights-of-way, public parks and places and all lots and lot lines, drainage ways, waterways, and easements;

(b) All structures and the principal use of each structure, including the type of residential, commercial, or industrial use; and

(3) Any other information as may be required by the community development director to determine that the application is in compliance with this code shall be furnished, including but not limited to wetlands, aquifer or groundwater recharge zones, floodplains, elevations, profiles, perspectives, or any other material necessary for a complete understanding of the application.

(4) A statement in writing signed by the applicant stating that the information as shown on the plans, maps, and application is true and correct. Any failure to comply with the provisions of this section shall be good cause to deny the application and/or to revoke any permit which may have been issued for any building or use of land. (Ord. 1253 § 8, 2009; Ord. 1110 § 3, 2002; Ord. 969, 1996; Ord. 929 Ch. 8(C)(8), 1995. Formerly 17.80.100).

17.80.036 Criteria for approval of an application and issuance of a site development permit.

A site development permit shall be granted if the city finds, based on substantial evidence in the record, that the development complies with each of the following criteria:

(1) The development is consistent with the goals, policies, requirements, and performance standards of this code, the public works development guidelines and construction standards, the Comprehensive Plan and other applicable laws and regulations;

(2) The development project as proposed incorporates, to the maximum extent feasible, mitigation measures to substantially lessen or eliminate all adverse environmental impacts of the development;

(3) The development is connected to the city water, sewer, and stormwater systems. (Ord. 1253 § 9, 2009; Ord. 1164 § 4, 2004; Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 929 Ch. 8(D), 1995. Formerly 17.80.120).

17.80.037 Permit modification.

(1) Minor Modifications to an Approved Site Development Plan. Minor modifications to a site development plan may be permitted by administrative decision. To be considered a minor modification, the amendment must not:

(a) Involve more than a 10 percent increase in area or scale of the development in the approved site development plan; or

(b) Have a significantly greater impact on the environment and facilities than the approved plan; or

(2) Major Adjustments to an Approved Site Development Plan. Major adjustments to an approved site development plan require a new application pursuant to SMC 17.80.035. The review and approval shall rest with the approval body which approved the original site development plan. Major adjustments involve a substantial change in the basic site design plan, intensity, density, use, and other zoning code issues and generally involve more than a 10 percent change in area or scale. (Ord. 1253 § 10, 2009).

17.80.040 Consolidated permit review process.

(1) Consolidated permit review may provide different procedures for different categories of project permits, but if a project action requires project permits from more than one category, the applicant may request and the city shall provide for consolidated permit review with a single open record hearing and no more than one closed record appeal as provided in Section 407 of RCW 36.70A.440. The determination of which project permits are subject to one open record hearing and one closed record appeal shall be based on the Table of Land Use Procedures.

Examples of categories of project permits include but are not limited to:

(a) Proposals that are categorically exempt from SEPA, such as construction permits, that do not require environmental review or public notice;

(b) Permits that require environmental review but no open record pre-decision hearing; and

(c) Permits that require a threshold determination and an open record pre-decision hearing and may provide for a closed record appeal to a hearing body.

(2) For consolidated project review, the city’s hearing examiner shall conduct the open record pre-decision hearing and shall make the decision; the city council shall conduct the closed record appeal. (Ord. 1253 § 11, 2009; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 929 Ch. 8(C)(7), 1995. Formerly 17.80.090).

17.80.050 Administrative authority.

(1) The community development director may, consistent with the intent of the Comprehensive Plan and zoning code and consistent with other applicable laws and regulations, issue written interpretations as he/she deems necessary to carry out the provisions of this code. Such interpretations shall include but are not limited to the following:

(a) Information to be required in the application, including, without limitation, proof of legal interest in the property, authority to sign the application, drawings, maps, data, and charts concerning land and uses and areas in the vicinity of the proposed development, and appropriate supplementary data reasonably required to describe and evaluate the proposed development and to determine whether the proposed development complies with statutory criteria under which it might be approved;

(b) Interpretation of development standards, zoning use provisions and procedural requirements;

(c) Standards, in addition to those set out in this code, for determining whether a project requires a major development permit; and

(d) Requirements for the conduct and continuance of public hearings and the methods of providing public notice on projects and permits.

(2) The community development director may administratively determine the format and contents of permits, application forms, application checklists, additional information needs, and notices above and beyond the minimums set forth in this code.

(3) Interpretations and determinations issued pursuant to this code may be appealed to the hearing examiner in accordance with SMC 17.80.090. (Ord. 1253 § 12, 2009; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 929 Ch. 8(C)(9), 1995. Formerly 17.80.110).

17.80.060 Exceptions.

The city elects to exclude the following project permits from the provisions of RCW 36.70B.070 and 36.70B.080:

(1) Landmark designations;

(2) Street vacations;

(3) Lot line adjustments;

(4) Short plats;

(5) Similar administrative approvals, which are categorically exempt from environmental review or for which environmental review has been completed in connection with other project permits and which are not a “project permit” as defined in RCW 36.70B.020(4); and

(6) Other approvals relating to the use of public areas or facilities or other project permits, whether administrative or quasi-judicial, which present special circumstances that warrant a review process different from that provided in RCW 36.70B.070 and which are not a “project permit” as defined in RCW 36.70B.020(4). (Ord. 1253 § 13, 2009; Ord. 1110 § 3, 2002; Ord. 969, 1996; Ord. 929 Ch. 8(C)(6), 1995. Formerly 17.80.080).

17.80.070 Occupancy permit.

(1) No land area shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until an occupancy permit has been issued by the building official, stating that the premises, building, or other development complies with all provisions of this code; except that in the case of an alteration that does not require vacating the premises or where parts of the premises are finished and ready for occupancy before the completion of the alteration, or in the case of a new structure, before its completion, a conditional occupancy permit may be issued.

(2) No change or extension of use or no alteration shall be made in a nonconforming use without a building permit having first been issued by the building official that such change, extension or alteration is in conformity with the provisions of this code.

(3) Within 10 days from the date that an applicant requests that an occupancy permit be issued on his/her development project, the building official shall render a decision as to whether or not said occupancy permit is to be issued. If the decision is not to issue the occupancy permit, the building official shall so notify the applicant including the reasons for denial of the permit. If no occupancy permit has been issued within 10 working days of the written request thereof, and the building official has not informed the applicant of approval or denial, in writing, it shall be deemed that the building official approves the request and the applicant may legally occupy the premises. (Ord. 1253 § 14, 2009; Ord. 969, 1996; Ord. 929 Ch. 8(E), 1995. Formerly 17.80.130).

17.80.080 Grading permits.

(1) Purpose and Applicability. The purpose of this section shall be to regulate grading, excavating, filling, and the creation of impervious surface to safeguard life, property, and the environment. The provisions of this chapter apply to all grading activity.

(2) Exemptions.

(a) The following grading is exempt from the requirements of this chapter provided it occurs outside a critical area and is at least two feet from a property boundary line:

(i) Operation of a solid waste disposal site subject to a solid waste permit pursuant to Chapter 70.95 RCW. The expansion, relocation, or closure of a solid waste disposal site is not exempt;

(ii) On-going commercial operations involving mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay if such operations are authorized by a county conditional use permit or permitted elsewhere in this code. This exemption does not apply to reclamation activities; an operation which the director determines may destabilize or undermine any adjacent or contiguous property; or an operation which the director determines may result in adverse downstream drainage impacts.

(b) On-going commercial agricultural activities, as follows:

(i) Tilling, soil preparation, and maintenance; and

(ii) Fallow rotation, planting, and harvesting.

(c) Site investigative work necessary for land use application submittals such as surveys, soil borings and test pits, percolation tests, and other related activities, provided the land-disturbing activity is no greater than is necessary to accomplish the work.

(d) Excavation of a well for a single-family dwelling.

(e) Excavation or filling of cemetery graves.

(f) Grading or filling of less than 50 cubic yards, provided it occurs outside a critical area and buffer and is at least two feet from a property line.

(g) Utility and related underground drainage system construction and maintenance in city rights-of-way and outside of critical areas.

(h) Excavation performed during the construction of a building for which a valid building permit has been issued.

(i) Paving or the creation of less than 2,000 square feet of impervious surface, which requires no utilities.

(j) Emergency sandbagging, diking, ditching, or similar work immediately before, during, or after periods of extreme weather conditions, including flooding, when done to protect life or property.

(3) Other Laws. Approvals and permits granted under this chapter and any policies and procedures promulgated hereunder do not constitute waivers of the requirements of any other laws or regulations nor do they indicate compliance with any other laws or regulations. Compliance is still required with all applicable federal, state, and local laws and regulations.

(4) Accuracy of Plans.

(a) The city is not responsible for the accuracy of grading plans submitted for approval. The city expressly disclaims any responsibility for the design or implementation of a grading plan. The design and implementation of a suitable grading plan is the responsibility of the owner and applicant.

(b) The applicant or owner shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code. Any person performing grading subject to a grading permit shall have a copy of a valid grading permit and plans on the work site at all times and shall also be responsible for compliance with the plans, specifications, and permit requirements.

(5) Applications. Grading permit applications shall meet the application checklist requirements provided by the planning department.

(6) SEPA. Grading applications for fills of 500 cubic yards or more or any fill located within a sensitive area or buffer shall require review under SEPA.

(7) Engineered Grading. The following require grading plans stamped and signed by a civil engineer:

(a) All grading in excess of 50 cubic yards. Such grading also requires submittal of a full drainage plan as specified in the application checklist provided by the community development department;

(b) All grading within rights-of-way, whether public or private. Such grading shall comply with city specifications;

(d) All paving in excess of 2,000 square feet; and

(e) All other grading that requires civil engineering.

(8) Geotechnical Reports.

(a) If the city determines that geologic, hydrologic, or soil conditions may present special grading or drainage conditions that may damage a public right-of-way or pose a substantial threat to public health, safety, or welfare, the city may require the applicant to submit a geotechnical engineering report that includes a soils engineering report and/or an engineering geology report pursuant to subsection (8)(b) and (8)(c) of this section. If a geotechnical engineering report is required, the applicant’s geotechnical engineer or civil engineer shall inspect and approve the suitability of the prepared ground to receive fills and the stability of cut slopes with respect to soil, hydrologic, and geologic conditions. The geotechnical evaluation shall also address the need for subdrains or other groundwater drainage devices. To verify safety, the city may require testing for required compaction, soil bearing capacity, stability of all finished slopes and the adequacy of structural fills as a condition of approval.

(b) Soils Engineering Report. The city may require a soils engineering report, which shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including structural fills, when necessary, and an opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.

(c) Engineering Geology Report. The city may require an engineering geology report, which shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and an opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors.

(d) Liquefaction Report. The city may require a geotechnical investigation and report in accordance with IBC Sections 1802.2 and 1802.6, which address the potential for liquefaction.

(9) Permit Issuance. A grading permit shall be issued after all other necessary permits and plan approvals have been obtained or assured by other affected agencies (as allowed by state law), all fees have been paid, grading plans and specifications have been approved, and environmental review has been completed, if applicable.

(10) Filling of Wetlands. Filling of wetlands shall be subject to environmental review and the city’s sensitive area regulations. Filling of wetlands may require permits from other federal and state agencies. It is the applicant’s responsibility to obtain needed permits. All filling of wetlands within the city’s floodplain is subject to the city’s Shoreline Master Program.

(11) Permit Expiration.

(a) Grading permits shall expire 24 months from the date of issuance; provided, that the director may set an earlier expiration date for a permit, or issue a permit that is non-renewable, or both, if the director determines that soil, hydrologic, or geologic conditions on the project site necessitate that grading and drainage improvements and site stabilization be completed within less time.

(b) If a permit has expired, the applicant shall obtain a renewed permit before starting work authorized under the expired permit.

(c) A permit may be renewed only once for up to 24 additional months, and a request for renewal shall be made no later than 30 days after the date of expiration of the original permit.

(d) Requirements under this chapter that are not expressly temporary during the grading operations, including, but not limited to, requirements for erosion control, drainage, and slope management, do not terminate with the expiration of the grading permit.

(12) Inspections.

(a) Grading operations for which a permit is required shall be subject to inspection by the city. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer, or the engineering geologist retained to provide such services for engineered grading and as required by the city, as follows:

(i) The civil engineer shall provide professional inspection, which shall consist of observation and review as to the establishment of line, grade, surface drainage and erosion control of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer.

(ii) The soils engineer shall provide professional inspection, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the city.

(iii) The engineering geologist shall provide professional inspection, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.

(b) The applicant or owner shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and shall engage consultants, if required, to provide professional inspections on a timely basis. In the event of changed conditions, the applicant or owner shall be responsible for informing the city of such change and shall provide revised plans for approval.

(c) The public works director or city engineer may inspect grading of subdivisions to assure the future roadways, whether public or private, are graded in accordance with the approved plans and specifications and in conformance with provisions of the public works standards.

(d) The city shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants.

(e) If, in the course of fulfilling their respective duties under this chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the city.

(f) The city shall notify the applicant or owner of any discrepancies that would necessitate plan revisions or corrections by the professional consultants when notified in subsection (12)(e) of this section.

(g) The types of soils inspections and standards recognized as acceptable soils tests are:

(i) ASTM D 1557, moisture-density relations of soils and soil aggregate mixtures;

(ii) ASTM D 1556, in place density of soils by the sand-cone method; ASTM D 2167, the rubber-balloon method; or ASTM D 2937, the drive-cylinder method; and

(iii) ASTM D 2922 and D 3017, in place moisture content and density of soils by nuclear methods.

(13) Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work in compliance with approved plans. It shall be the duty of the applicant or owner to notify the director or city in writing of such change prior to the recommencement of such grading.

(14) Completion of Work. Upon completion of the work, the civil engineer shall submit as-built drawings and a report to the city certifying that the completed project conforms to the conditions of the permit and the approved plans, and that all grading work, drainage facilities, erosion control measures, etc., have been completed in accordance with the issued permit. Minor deviations from the approved plans shall be listed in the report or noted on reproducible as-built drawings, which must be submitted with the report.

(15) Modifications to Permits. Before and after issuance of a grading permit, the director may require modifications of grading plans, specifications and operations or impose additional or more stringent standards and requirements than those specified in this chapter or in any approved grading permit, to the extent necessary to protect public health, safety, and welfare. Such modifications, standards, or requirements may be necessary because of unusual or newly discovered site conditions including, but not limited to, soil type, topography, and weather conditions. Such modifications, standards and requirements may include, but are not limited to, scheduling, phasing, or time restrictions.

(16) Cuts or Excavations.

(a) Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section. These provisions shall not apply to minor cuts which are less than four feet in height when such cuts do not pose a threat to adjoining property.

(b) The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than one unit vertical in two units horizontal (50 percent slope) unless the applicant furnishes a soils engineering report or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

(c) Slopes shall be stabilized after being cut. The soils engineering or an engineering geology report, or both, shall verify that the slopes shall not be subject to on-going erosion that would adversely impact public or private property.

(17) Fills or Embankments.

(a) General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. These provisions shall not apply to minor fills not intended to support structures, and which are less than four feet in height when such fills do not pose a threat to adjoining property.

(b) Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than one unit vertical in two units horizontal (50 percent slope).

(i) Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the city, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.

(ii) Exception: The city may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

(A) Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

(B) Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically; and

(iii) Compaction. All fills intended to support structures or private roads shall be compacted to a minimum of 95 percent of maximum density. All fills within public or private rights-of-way shall be compacted in accordance with city specifications.

(iv) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than one unit vertical in two units horizontal (50 percent slope).

(18) Setbacks.

(a) Field Marking. Before performing any grading or clearing subject to a grading permit pursuant to this chapter, the applicant shall mark, in the field, the limits of all proposed clearing and grading, sensitive and critical areas and their buffers, trees to be retained, and drainage courses.

(b) Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary.

(c) The top of cut slopes shall not be made nearer to a site boundary line than one-fifth of the vertical height of cut, but in no event nearer than two feet from the boundary line. The setback shall be increased as necessary for stability of any required subsurface drainage or surcharge.

(d) The toe of fill slope shall not be made nearer to the site boundary line than one-half the height of the slope, but in no event nearer than two feet from the boundary line.

(19) Drainage and Terracing.

(a) Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than one unit vertical in three units horizontal (33.3 percent slope).

(b) Terraces at least six feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes to control surface drainage and debris, except that where only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than 60 feet and up to 120 feet in vertical height, one terrace at approximately mid-height shall be 12 feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the director or city. Suitable access shall be provided to permit proper cleaning and maintenance.

(d) Cut or fill slopes shall be provided with subsurface drainage as necessary for stability and proper conveyance of groundwater.

(e) All drainage facilities shall be designed to carry waters to the nearest practicable drainage way in a safe manner approved by the director or city. Outfalls or points of discharge shall be designed using best management practices and construction procedures which prevent or minimize erosion.

(f) Building pads shall have a drainage gradient of two percent toward approved drainage facilities, unless waived by the city. Exception: The gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area:

(i) No proposed fills are greater than 10 feet in maximum depth;

(ii) No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet; and

(iii) No existing slope faces steeper than one unit vertical in 10 units horizontal (10 percent slope) have a vertical height in excess of 10 feet.

(g) Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet measured horizontally. Interceptor drains, if required, shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of drain shall be approved by the city.

(20) Erosion Control.

(a) The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting, hydroseeding, or mulching. The protection for the slopes shall be installed as soon as practicable, and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.

(b) Where necessary to provide safety to adjoining properties, check dams, cribbing, riprap, silt fences or other devices and methods shall be employed.

(c) Erosion control shall conform to the city’s adopted stormwater manual. (Ord. 1253 § 15, 2009; Ord. 1164 § 4, 2004. Formerly 17.80.135).

17.80.090 Appeals of permit decisions.

Any appeal as provided by SMC 17.80.130, combined with the appeal of any environmental determinations, shall be filed within 14 days after the notice of decision or after other notice that the decision has been made. The city shall extend the appeal period for an additional seven days, if the city allows public comment on a determination of nonsignificance issued as part of the appealable project permit decision.

(1) Procedure on Appeals.

(a) Appeals shall be in writing.

(b) Appeals shall be delivered to the city clerk by 5:00 p.m. of the last day of the appeal period.

(d) The city, after having been duly notified that an appeal has been filed, shall give public notice of a public hearing, or of a meeting in the case of a closed record appeal, as required by Chapter 1.08 SMC. Such public notice shall be in the same form and shall have the same filing date requirements as prescribed in Chapter 17.85 SMC.

(e) The city shall also serve persons notice of such hearing who own property within 300 feet of the subject property, the applicant for the development permit, the aggrieved person (if different than the applicant), any person who has requested in writing to be notified of such public hearing date, the community development director, and the planning commission.

(2) Party of Record. Only a party of record as defined by Chapter 17.20 SMC shall have standing to bring an appeal forward per SMC 17.80.130.

(3) Effect of Filing on Appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed, unless the community development director certifies in writing to the hearing body and the applicant that a stay poses an imminent peril to life or property, in which case the stay shall not stay further proceedings. The hearing body may review such certification and grant or deny a stay of the proceedings.

(4) Public Hearing. When provided by SMC 17.80.130, a public hearing on an appeal shall be held within 30 working days after the appeal is filed with the city clerk pursuant to subsection (1) of this section, and an action shall be taken by the hearing body within 15 working days after the conclusion of such public hearing. The hearing body may reverse, affirm or modify the decision, determination or interpretation appealed and in so modifying shall be deemed to have all of the powers of the community development director or hearing examiner, from whichever the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant. The city shall notify the applicant for the permit, the person or persons who filed the appeal, and any parties of record of its decision by certified mail. Such notice shall be mailed by first class mail, postage pre-paid, within five working days of the hearing body’s action.

(5) Closed Record Appeals. Any administrative appeal of a decision which required a pre-decision public hearing shall be heard by closed record appeal, as provided in SMC 17.80.130. No additional public hearing shall be held, but the appeal shall be conducted in a public meeting of the city council. The council shall only consider the existing record, and no new public testimony shall be considered.

(6) Superior Court. City land use decisions may be appealed to superior court, as provided by SMC 17.80.130. The petition must be served on all parties involved within 21 days of the issuance of the city land use decision. (Ord. 1253 § 16, 2009; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 929 Ch. 8(G), 1995. Formerly 17.80.140).

17.80.100 Development agreements.

(1) The city may enter into a development agreement with a person having ownership or control of property within the city’s jurisdiction. The city may enter into a development agreement for property outside its boundaries as part of a proposed annexation or service agreement.

(2) A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the property for the duration specified in the agreement.

(3) A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. The city and project applicants may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities.

(4) The city shall only approve a development agreement by ordinance or resolution after a public hearing.

(5) A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. (Ord. 1253 § 17, 2009; Ord. 969, 1996; Ord. 929 Ch. 8(H), 1995. Formerly 17.80.150).

17.80.110 Variances.

(1) As provided by SMC 17.80.130, variances may be granted from the strict application of any land dimension, density, or height requirements of this title when, by reason of exceptional narrowness, shallowness, shape, or substandard size of specific parcels of property, or by reason of exceptional topographic conditions or other extraordinary situations or conditions of specific parcels of property. Strict application of this code or amendment thereto must be found to result in a practical difficulty or unnecessary hardship upon the owner of said property, provided:

(a) That such variance can be granted without substantial impairment of the intent, purpose, and integrity of this title and of the Comprehensive Plan of Stanwood; and

(b) That this variance shall not permit a use of land not authorized within the zoning district, increase in the volume of a building or structure, or increase the density of development beyond that permitted, as established by this code; and

(c) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district in which subject property is situated; and

(d) That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land; and

(e) That there must be a finding that all of the following conditions exist:

(i) That, if the owner or lessor complied with the provisions of this code, he or she would not be able to make reasonable use of his or her property;

(ii) That the difficulties or hardships are peculiar to the property in question in contrast with those of other properties in the same district;

(iii) That the hardship was not the result of the applicant’s own action (applicant’s own action shall not include the purchase of the property); and

(iv) That the hardship is not merely financial or pecuniary.

(2) The fact that property may be utilized more profitably will not be an element of consideration.

(3) Application for a variance shall be made by petition of the subdivider or other permit applicant stating fully the necessity of the variance and the specific requirement for which the variance is requested.

(4) If a variance is in conjunction with a preliminary plat or other major permit application requiring a public hearing, it shall be so stated in the public notice of hearing, and a single hearing shall be held.

(5) Public notice of a hearing on a variance shall be given pursuant to SMC 17.85.010. If no hearing is required, notice of application for variances shall be given pursuant to SMC 17.80.033(1)(c)(iv). No decision shall be made until a 14-day comment period has passed. (Ord. 1253 § 18, 2009; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000. Formerly 17.80.155).

17.80.115 Administrative interpretations.

(1) This section establishes the procedure and criteria that the city will use in deciding upon a written request to interpret the provisions of this title. The interpretation of the provisions of a development agreement or concomitant agreement will be treated as an interpretation of the zoning code.

(2) Applicability. This section applies to each written request to interpret the provisions of the zoning code.

(3) Purpose. An interpretation of the provisions of the zoning code clarifies conflicting or ambiguous wording or the scope or intent of the provisions of the zoning code. A request for a zoning code interpretation must relate to a specific site, land use district, use or application within the city of Stanwood. An interpretation of the provisions of the zoning code may not be used as, or considered to be, an amendment to the zoning code.

(4) Applicable Procedure.

(a) The community development director (director) shall interpret the provisions of the zoning code in conformance with this section.

(b) A zoning code interpretation requested by a person other than the project proponent or property owner must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates. Any zoning code interpretation requested after the applicable administrative appeal period shall not affect an issued permit or decision.

(i) Processed pursuant to SMC 17.80.130, Table of Land Use Procedures, Type I; or

(ii) Consolidated with the process for the review of the application; provided, that an appeal of a zoning code interpretation consolidated with the process associated with the review of the application shall be consolidated with the appeal of the decision on the underlying application.

(5) Submittal Requirements. Any person requesting an interpretation of the zoning code shall submit a written request on a form provided by the city specifying each provision of the zoning code for which an interpretation is requested, why an interpretation of each provision is necessary, and any reasons or material in support of a proposed interpretation.

(6) Factors for Consideration. In making an interpretation of the provisions of the zoning code, the director shall consider the following factors:

(a) The applicable provisions of the zoning code, including their purpose, intent, and context;

(b) The impact of the interpretation on other provisions of the municipal code;

(d) The applicable provisions of the comprehensive plan and other relevant codes and policies; and

(e) Any applicable state statutes and court decisions.

(7) Effect of Interpretation. An interpretation of the zoning code issued under this section shall have the same effect as any provision of the zoning code.

(8) Time Limitation. An interpretation of the zoning code remains in effect until rescinded in writing by the director.

(9) Fee. The fee for administrative interpretations shall be as listed in Chapter 3.30 SMC, Fee Schedule. (Ord. 1264 § 1, 2010).

17.80.120 Conditional use permits.

(1) Purpose. The purpose of a conditional use permit is to allow certain uses in districts where they are normally prohibited by this title, when the proposed uses are deemed consistent with other existing and potential uses within the general area of the proposed use. Except as provided in this section, a conditional use permit may not reduce the requirements of the zone in which the use is to be located.

(2) Who May Apply. A property owner, or his duly authorized agent, may file an application for a conditional use permit, when the proposed use or development requires any such permit as set forth in the zone districts.

(3) City Authority. The hearing examiner shall have the authority to permit conditional uses following an open record public hearing pursuant to SMC 17.80.130.

(4) Applicant’s Responsibility. The application shall set forth fully the grounds and the facts justifying the granting of the conditional use permit.

(5) Fees. Fees for a conditional use permit shall be as listed in Chapter 3.30 SMC, Fee Schedule.

(6) Decision Criteria. The hearing examiner shall consider the following factors, among all other relevant information:

(a) Comprehensive Plan. The proposed use shall be compatible with the general purpose, goals, objectives and standards of the comprehensive plan, the zoning regulations and any other plan, program, map or ordinance of the city of Stanwood.

(b) Community Need. There shall be a community need for the proposed use at the proposed location. In the determination of community need the hearing examiner shall consider the following factors, among all other relevant information:

(i) The proposed location shall not result in either the detrimental overconcentration of a particular use within the city or within the immediate area of the proposed use;

(ii) That the proposed location is suited for the proposed use.

(c) Effect on Adjacent Properties. The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following factors shall be considered:

(i) Compatibility. The proposed use shall be compatible with the scale and character of the neighborhood.

(ii) Traffic. Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in, the surrounding area.

(iii) Noise and Glare. Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on-site parking areas, outdoor recreational areas and refuse storage areas.

(iv) Landscaping. The hearing examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use.

(v) Public Improvements. The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities and services. Approval of a conditional use permit may be conditioned upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities and/or services.

(7) Additional conditions for bed and breakfast uses in single-family residential zones are set forth in SMC 17.100.060.

(8) Additional conditions for school uses in single-family residential zones are set forth in SMC 17.100.070.

(9) Additional conditions for wireless communications facilities are set forth in Chapter 17.154 SMC. (Ord. 1264 § 4, 2010; Ord. 1253 § 19, 2009).

17.80.130 Table of land use procedures.

The following table sets forth the appropriate public comment period; pre-decision meeting; city department, body, or officer responsible for decisions; the type of appeal that is allowed; and the agency, body, board, or court to whom an appeal is served.


TYPE OF APPLICATION	PUBLIC COMMENT/ NOTICE PERIOD	PRE-APPLICATION MEETING	OPEN RECORD HEARING	DECISION	OPEN RECORD APPEAL	CLOSED RECORD APPEAL	NON-CITY OR JUDICIAL APPEAL
Type I:
Administrative site development permit, Grading permit, Sign permit	No	No	No	CDD	CC	No	Yes
Home occupation permit	No	No	No	CDD	CC	No	Yes
Accessory dwelling unit	No	No	No	CDD	CC	No	Yes
Parcel combination	No	No	No	CDD	CC	No	Yes
Manufactured housing infill	No	No	No	CDD	CC	No	Yes
Boundary line adjustment	No	No	No	CDD	CC	No	Yes
Administrative interpretation	No	No	No	CDD	HE	No	Yes
Encroachment permit	No	No	No	CDD/PWD	HE	No	Yes
Type II:
Variance (including flood hazard variance)*	14-day NOA or NOH	No	No	CDD*	CC	No	Yes
Sensitive area reasonable use allowance*	15-day NOA or NOH	No	No	CDD*	CC	No	Yes
Short plat, binding site plan	15-day NOA	CDD and PWD	No	CDD	CC	No	Yes
Shoreline substantial development permit	30-day NOA 15-day NOH	No	No	CDD	HE	No	Yes
Waiver of forest practices moratorium for single-family residence	15-day NOA	No	No	CDD	No	No	No


TYPE OF APPLICATION	PUBLIC COMMENT/ NOTICE PERIOD	PRE-APPLICATION MEETING	PUBLIC MEETING/ RECOMMENDATION	OPEN RECORD HEARING	DECISION	OPEN RECORD APPEAL	CLOSED RECORD APPEAL	NON-CITY OR JUDICIAL APPEAL
SEPA determination	14 days (post determination)	No	No	No	CDD	HE	No	Yes
Concurrency evaluation	None	None	None	None	PWD	HE	No	No
Right-to-farm registration	14-day posted notice of application	None	None	None	CDD	HE	No	No
Type III:
Major site development permit	15-day NOA 10-day NOH	CDD+	PC	HE	HE	No	CC	Yes
Conditional use permit	10-day NOH	No	No	HE	HE	No	CC	Yes
Preliminary plat	10-day NOH	CDD; PWD+	PC	HE	HE	No	CC	Yes
PRD	10-day NOH	CDD+	PC	HE	HE	No	CC	Yes
Shoreline CUP	30-day NOA plus 15-day NOH	No	No	HE	HE	No	CC	Yes
Shoreline variance	30-day NOA plus 15-day NOH	No	No	HE	HE	No	CC	Yes
Waiver of forest practices moratorium for non-single-family residence	15-day NOH	No	No	HE	HE	No	No	No
Type IV:
Final plat	No	No	No	No	CC	No	No	Yes
Development agreement	10-day NOH	No	No	HE	HE recommendation CC decision	No	No	Yes
Right-of-way vacation	10-day NOH	PWD	No	CC or CC Committee	CC Committee recommendation CC decision	No	No	Yes
Zoning map amendment	10-day NOH	CDD	No	PC	CC	No	No	Yes


TYPE OF APPLICATION	PUBLIC COMMENT/ NOTICE PERIOD	PRE-APPLICATION MEETING	OPEN RECORD HEARING	DECISION	OPEN RECORD APPEAL	CLOSED RECORD APPEAL	NON-CITY OR JUDICIAL APPEAL
Type V:
Comprehensive plan amendment	3- to 6-month NOA 10-day NOH	PC	PC++	PC recommendation CC decision	No	No	Yes
Development regulations amendments	10-day NOH	PC	PC++	PC recommendation CC decision	No	No	Yes
SMC Title 16 or Title 17 amendment (other)	15 days	PC	PC++	PC recommendation CC decision	No	No	Yes
Annexation	15-day NOA 10-day NOH	CDD, PWD and PC	CC/SCBRB	CC/SCBRB	No	No	Yes


CC City Council	PWD Public Works Director	PC Planning Commission
HE Hearing Examiner	CDD Community Development Director	SCBRB Snohomish County Boundary Review Board
NOH Notice of Hearing (per SMC 17.85.010)	NOA Notice of Application (per SMC 17.80.036)

* The community development director shall have the option of referring the application to the hearing examiner for a public hearing and decision. In this case, an appeal of the hearing examiner’s decision shall be heard in a closed record appeal before city council.

** Either the planning commission or the city council may opt to hold one or more workshops or joint workshops on an application.

+ Staff shall hold a meeting with the council public works/community development committee meeting prior to the pre-application meeting.

++ The city council may opt for additional public hearings.

(Ord. 1271 § 2, 2010; Ord. 1253 § 20, 2009; Ord. 1032 § 4, 2002; Ord. 1110 § 3, 2002; Ord. 1092 § 3, 2000; Ord. 1091 § 3, 2000; Ord. 1084 § 3, 2000; Ord. 969, 1996; Ord. 929 Ch. 8(H), 1995. Formerly 17.80.160).

Chapter 17.80ADMINISTRATION

17.80.010 Planning commission.

17.80.020 Reserved.

17.80.030 Site development permit purpose and applicability – Major and administrative permits, when required.

17.80.031 Site development permit terms and conditions.

17.80.032 When permit is not required.

17.80.033 Major site development permit review procedures.

17.80.034 Administrative site development permit review procedures.

17.80.035 Application for site development permits.

17.80.036 Criteria for approval of an application and issuance of a site development permit.

17.80.037 Permit modification.

17.80.040 Consolidated permit review process.

17.80.050 Administrative authority.

17.80.060 Exceptions.

17.80.070 Occupancy permit.

17.80.080 Grading permits.

17.80.090 Appeals of permit decisions.

17.80.100 Development agreements.

17.80.110 Variances.

17.80.115 Administrative interpretations.

17.80.120 Conditional use permits.

17.80.130 Table of land use procedures.

Chapter 17.80
ADMINISTRATION