11.04.003 Project permit application framework.
A. Table of Land Use Actions Arranged by Type (i.e., Exempt, Types I, II, III, IVA, IVB and V), Indicating Hearing Body Where Appropriate.
Exempt (per BMC 11.04.007) |
Type I |
Type II |
Type III |
Type IVA |
Type IVB |
Type V |
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Landmark designations Street vacations under Chapter 35.79 RCW Street use permits, public area use permits, and other approvals relating to the use of public areas Other project permits determined by the council to present special circumstances warranting a different review process |
Forest practices/land clearing permits w/o SEPA review Grading permits w/o SEPA review Building permits w/o SEPA review Right-of-way invasion permits w/o SEPA review Utility permits (includes: sewer connection, side storm sewer connection, water meter, and hydrant use) Tenant improvement permits Boundary line adjustments (HE if appealed) Sign permits WCF, EFR and SWF permits Final certificates of occupancy Minor change to an approved preliminary PUD Minor modifications to an approved final PUD Administrative interpretations# Minor modifications to approved CUPs Demolition permits Final plats Special flood hazard area permits |
Short subdivision (HE if appealed) General binding site plan (HE if appealed) Building permits w/SEPA review (HE if appealed) Shoreline substantial development permits (HE if appealed) Critical areas alteration permits (HE if appealed) Reasonable use requests (HE if appealed) Final binding site plan (HE if appealed) Grading permits w/SEPA review (HE if appealed) Forest practices/land clearing permits w/SEPA review (HE if appealed) Right-of-way invasion permits w/SEPA review (HE if appealed) Zoning special exception Approval of a project within the campus district that is consistent with the campus master plan and development agreement (HE if appealed) Site plan review (HE if appealed) Preliminary PUD (HE if appealed) Final PUD (HE if appealed) Major change to an approved preliminary PUD (HE if appealed) Major modifications to an approved final PUD (HE if appealed) |
Variance (HE) Conditional use permit (HE) Shoreline conditional use permit and shoreline variance (HE) Appeals of administrative interpretations# Preliminary subdivision (HE) Plat vacations and alterations (HE) |
Comp. plan amendments (PC; CC optional) Development regulations and amendments thereto (PC; CC optional) Area-wide rezone (PC; CC optional) Annexations (CC) |
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Abbreviations for Hearing Body: CC: City Council HE: Hearing Examiner PC: Planning Commission SB: Shorelines Board # May be appealed, see BMC 11.04.008 |
B. Table Summarizing Procedures for Type I through Type V Land Use Actions. For the purposes of this table, the city council, planning commission, hearing examiner, and shoreline board are designated the “hearing body”; “director” shall mean the community development director or the public works director; and “department” shall mean the staff of the community development or public works departments, as specified by the applicable regulations. (The table follows a permit type through the entire code required review process. Generally after a permit type is selected (i.e., II, III, etc.) the steps required follow from top to bottom. Notes, *, and references refer the reader to sections of the table that are related to the particular numbered row they are reading.)
Procedure |
Type I |
Type II |
Type III |
Type IVA |
Type IVB |
Type V |
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The following two sections (1 – 2) cover actions that occur prior to formal permit application. |
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1. Pre-application conference (BMC 11.06.001) |
If application involves a structure 5,000 square feet or over, applicant required to request and attend conference |
Applicant required to request and attend conference |
Not applicable |
Not applicable |
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2. Transportation concurrency review and determination (Chapters 17.03 and 17.04 BMC) |
Applicant required to request and prepare necessary analyses if proposal would generate 3 or more peak hour trips, unless specifically exempted |
Not applicable |
Not applicable |
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The following six sections (3 – 8) cover the actions that occur during the permit review stage. |
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3. Application submittal (BMC 11.06.002) |
Applicant required to submit on forms provided by city |
Citizen-initiated requests for Plan and Development Regulations amendments and rezones shall be submitted in accordance with BMC 11.18.030; annexation requests shall be submitted in accordance with BMC 12.38.030 |
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4. Determination of completeness (BMC 11.06.003) |
Department determines whether application is complete or incomplete and notifies applicant |
Not applicable |
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5. Notice of application (BMC 11.06.004, 11.19.001 and 11.19.002) |
Not applicable |
Applies to all project permits. Department issues NOA when application is determined to be complete; contents of NOA and notification are per BMC 11.06.004 and Chapter 11.19 BMC; 21-day comment period follows (30 days if the proposal is a Shorelines Substantial Development Permit, Shorelines Conditional Use Permit or Shorelines Variance) |
Not applicable |
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6. Environmental threshold determination or impact statement (SEPA) (Chapters 11.10, 14.02 BMC) |
Not applicable if proposal is exempt from SEPA, per Chapter 14.02 BMC, or if applicant is its own SEPA lead agency and has completed SEPA review. If not exempt from SEPA, applicant submits environmental checklist as part of complete application; department reviews checklist and issues threshold determination (Determination of Non-Significance [DNS], Mitigated Determination of Non-Significance [MDNS] or Determination of Significance [DS]); if DS, applicant prepares impact statement; contents and notification per Chapter 14.02 BMC; comment and appeal periods and procedures per Chapter 14.02 BMC |
Not applicable |
Annexations exempt from SEPA. For other Type V actions, department prepares checklist and issues DNS, MDNS or EIS; notification and comment and appeal periods per Chapter 14.02 BMC |
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7. Department consistency review (Chapter 11.10 BMC) |
Department determines whether proposal is consistent with comprehensive plan and development regulations, including any development agreement |
Not applicable |
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8. Department recommendation or decision (BMC 11.06.005, 11.12.002); provided, that a decision regarding a proposal within the campus district shall be limited to (1) a determination whether the proposal is consistent with the campus master plan and development agreement and (2) whether additional mitigation is required by the city’s other development regulations |
Department makes final decision* (see 12 below on notice of decision, see 9 and 13 on appeals and reconsiderations) |
Department makes recommendation to hearing body |
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The following six sections (9 – 14) cover open and closed record hearings, decisions, reconsiderations and appeals. |
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9. Administrative appeal of Type II decision (Chapter 11.14 BMC); provided, that an administrative appeal of a Type II decision approving a proposal within the campus district limited to an appeal of (1) the determination of consistency with the campus master plan and development agreement, and of (2) the determination whether additional mitigation is required by the city’s other development regulations |
Not applicable |
Open record hearing before hearing body |
Not applicable |
Not applicable |
Not applicable |
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10. Open record public hearing and recommendation or decision (Chapter 11.12 BMC, BMC 11.19.003) |
Not applicable |
Hearing body makes final decision |
Hearing body makes recommendation |
Not applicable |
Hearing body makes recommendation, except that on annexations, hearing body makes final decision |
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11. Closed record decision (Chapter 11.14 BMC) |
Not applicable |
Council considers hearing body recommendation, makes final decision |
HE makes final decision |
Council considers recommendation, makes final decision, or council may hold own hearing (except annexations, see above) |
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Not applicable |
NOD required to be issued within 10 working days after an administrative decision on a Type II permit and after the hearing or closed record review for a Type III, IVA, or an administrative appeal of a Type II application. For Type II, III and IV applications, the NOD shall be issued within 120 calendar days after the city notifies the applicant that the application is complete, in accordance with BMC 11.12.007 and 11.12.008. |
Not applicable |
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13. Reconsideration of hearing body decision on Type III and IV or a decision on a Type II appeal (BMC 11.12.009) |
Not applicable |
The hearing body may: deny the petition for reconsideration; grant the petition; accept the petition and issue a revised decision; accept the petition and hold an open record public hearing |
Not applicable |
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14. Judicial appeal (BMC 11.14.008) |
To King or Snohomish County Superior Court* |
Annexations to Superior Court; others to Growth Management Hearings Board, then to Superior Court |
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Abbreviations used in this table: NOA: Notice of Application SEPA: State Environmental Policy Act DNS: Determination of Non-Significance MDNS: Mitigated Determination of Non-Significance DS: Determination of Significance EIS: Environmental Impact Statement NOD: Notice of Decision *Appeals of Shoreline Substantial Development Permits go to the State Shoreline Hearings Board |
(Ord. 2373 § 4, 2022; Ord. 2348 § 29 (Exh. A), 2021; Ord. 2315 § 1, 2020; Ord. 2295 § 1, 2019; Ord. 2269 § 2, 2018; Ord. 2246 § 1, 2018; Ord. 2215 § 3 (Exh. B1), 2016; Ord. 2140 § 2 (Exh. B), 2014; Ord. 2123 § 2 (Exh. B), 2013; Ord. 2110 § 2 (Exh. B), 2013; Ord. 2093 § 2 (Exh. B), 2012; Ord. 2076 § 2 (Exh. B), 2011; Ord. 2069 § 2 (Exh. B), 2011; Ord. 2046 § 2 (Exh. B), 2010; Ord. 2041 § 3 (Exh. B), 2010; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1813 § 1, 2000; Ord. 1733 § 2 (Exh. A), 1998; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).