Subtitle 20.7. Permits and Approvals

This subtitle contains provisions for permits and approvals applicable to development. The requirements set forth in Chapters 20.70, 20.71 and 20.72 MMC are applied in conjunction with the procedures set forth in Chapter 20.80 MMC in establishing the appropriate review procedures and criteria by which permits and approvals are reviewed and decisions rendered.

Chapter 20.70
ADMINISTRATIVE APPROVALS

Sections:

20.70.010    Building permit.

20.70.020    Right-of-way permit.

20.70.030    Construction code of conduct.

20.70.040    Substantial development permit exemption.

20.70.050    Administrative tree activity permit.

20.70.060    Temporary use permit.

20.70.070    Accessory dwelling unit registration.

20.70.080    Grading and drainage permit.

20.70.010 Building permit.

A. Applicant. Any owner may submit an application for a building permit.

B. Procedures. Building permits are processed as a Type 1 decision, unless a SEPA threshold determination is required in which case the application is processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

C. Applicability. This section applies to all permits required under Chapter 20.40 MMC (Building Codes).

D. Criteria for Approval. The codes and standards referenced in Chapter 20.40 MMC and other applicable ordinances and regulations as they currently exist or are hereafter amended set forth the criteria for approving building permits.

E. Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

F. Lapse of Approval. Building permits shall expire as prescribed in Chapter 20.40 MMC. (Ord. 900 § 5 (Att. B), 2013)

20.70.020 Right-of-way permit.

A. Applicant. Any owner may submit an application for a right-of-way permit.

B. Procedures. Right-of-way permits are processed as a Type 1 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

C. Applicability.

1. This section applies to uses and activities within the city rights-of-way as prescribed in MMC Title 12 (Streets, Sidewalks and Public Places) requiring a right-of-way permit; and

2. The decision authority may waive the requirement for a right-of-way permit for work performed by employees of the city, or by any contractor of the city performing work for and on behalf of the city.

D. Criteria for Approval. The codes and standards referenced in Chapters 12.04 through 12.12 MMC, and Chapter 12.32 MMC, and other applicable ordinances and regulations as they currently exist or are hereafter amended set forth the criteria for approving right-of-way permits.

E. Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

F. Expiration. A right-of-way permit shall expire after 12 months from the date of issuance of the permit or upon expiration of a building permit associated with the right-of-way work, whichever occurs later. (Ord. 900 § 5 (Att. B), 2013)

20.70.030 Construction code of conduct.

A. Applicant. Any owner may submit an application for a construction code of conduct.

B. Procedures.

1. Construction code of conducts are processed as a Type 1 decision pursuant to the review procedures set forth in Chapter 20.80 MMC; and

2. Before the city issues permits authorizing grading, demolition or construction activity, the property owners, designated agent, and contractor shall sign the construction code of conduct.

C. Applicability. This section applies to where a construction code of conduct is required pursuant to MMC 15.20.010.

D. Limitations. The construction code of conduct is a construction mitigation plan prepared by the city that establishes prescriptive measures for reducing construction impacts on neighboring properties and streets. Compliance with the measures set forth in a construction code of conduct are binding on the signatories required in subsection (B)(2) of this section.

E. Criteria for Approval. The evaluation criteria set forth in MMC 15.20.040 as they currently exist or are hereafter amended constitute the criteria for approving a construction code of conduct.

F. Conditions of Approval. The decision authority may attach to a code of conduct on a case-by-case basis such reasonable mitigation measures as necessary to protect the public health, general welfare and safety from the negative impacts of construction activity. (Ord. 900 § 5 (Att. B), 2013)

20.70.040 Substantial development permit exemption.

A. Applicant. Any owner may submit a request for a written exemption from the requirement for a substantial development permit.

B. Procedures. An exemption from a substantial development permit is processed as a Type 1 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

C. Applicability. This section shall apply to activities defined as development pursuant to RCW 90.58.030(3)(a), and located within the shoreline jurisdiction as defined by the Shoreline Management Act, and implements the provisions set forth in WAC 173-27-040 as they currently exist or are hereafter amended.

D. Limitations.

1. Exemptions are to be construed narrowly and only development that meets the precise terms of one or more of the listed exemptions may be granted an exemption; and

2. If any part of a proposed development is not eligible for one of the listed exemptions, then an exemption shall not be granted.

E. Criteria for Approval.

1. The development for which the exemption is sought must meet one or more of the conditions set forth in WAC 173-27-040(2); and

2. The development must comply with and be consistent with the Medina shoreline master program (Chapters 20.60 through 20.67 MMC), Chapter 173-27 WAC (Shoreline Management Permit and Enforcement Procedures), and Chapter 90.58 RCW (Shoreline Management Act).

F. Conditions of Approval. The decision authority may attach conditions as necessary to prevent undesirable effects on the shoreline area and carry out the spirit and purpose of the regulations set forth in the Medina shoreline master program and the Shoreline Management Act. (Ord. 900 § 5 (Att. B), 2013)

20.70.050 Administrative tree activity permit.

A. Applicant. Any owner may submit an application for an administrative tree activity permit.

B. Procedures. Administrative tree activity permits are processed as a Type 1 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

C. Applicability. This section applies to the activities associated with removing and planting trees set forth in MMC 20.52.310(B).

D. Criteria for Approval. The decision authority may approve an administrative tree activity permit only if the requirements set forth in Chapter 20.52 MMC are satisfied.

E. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety.

F. Lapse of Approval.

1. An administrative tree activity permit shall expire after 18 months from the later date of the decision being issued or an appeal becoming final;

2. Expiration of the administrative tree activity permit is automatic and notice is not required; and

3. No extension of the time period for the permit is allowed. (Ord. 923 § 34, 2015; Ord. 909 § 17, 2014; Ord. 900 § 5 (Att. B), 2013)

20.70.060 Temporary use permit.

A. Applicant. Any owner may submit an application for a temporary use permit.

B. Procedures. Temporary use permits are processed as a Type 1 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

C. Applicability. This section shall apply to those uses authorized as temporary uses pursuant to Chapter 20.35 MMC.

D. Limitations. Only one temporary use permit may be granted within a five-year time period from the date the original temporary use permit is issued, except a second temporary use permit may be granted if:

1. For temporary public facilities:

a. In the opinion of the director, a significantly different public facility will occupy the use of the property;

b. The second temporary use permit is consistent with the requirements set forth in this chapter; and

c. No additional temporary use permit is approved for at least five years following approval of the second temporary use permit.

2. For temporary wireless communication facilities:

a. A complete nonadministrative special use permit application has been submitted to the city;

b. The extension of time, at the discretion of the director, is necessary to allow for the processing of permits and construction of facilities; and

c. No additional temporary use permit is approved for at least five years following approval of the second temporary use permit.

E. Criteria for Approval. The decision authority may approve a temporary use permit only when the following criteria are satisfied:

1. The temporary use will not materially be detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity;

2. For a temporary public facility, there is adequate parking within a sufficient proximity to the site for employees, city vehicles and customers;

3. Except in the case of emergencies, the temporary use will not cause noise, light or glare which adversely impacts surrounding uses; and

4. The temporary use shall comply with all codes applicable to development, such as zoning and building codes, except as otherwise provided for in MMC 20.35.040 and 20.35.050.

F. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. (Ord. 900 § 5 (Att. B), 2013)

20.70.070 Accessory dwelling unit registration.

A. Applicability. Any owner installing an accessory dwelling unit (ADU) pursuant to MMC 20.34.020 shall apply for an accessory dwelling unit registration.

B. Review Procedures. Approval of an accessory dwelling unit is processed as a Type 1 decision pursuant to the requirements set forth in Chapter 20.80 MMC.

C. Approval Criteria. The decision authority may approve an ADU only when the following criteria are met:

1. The ADU meets the requirements set forth in MMC 20.34.020;

2. The property owner enters into a written agreement with the city to occupy the primary single-family dwelling, or the ADU pursuant to subsection (D) of this section; and

3. The property owner agrees to maintain the ADU in compliance with the requirements in MMC 20.34.020.

D. Written Agreement.

1. Before a certificate of occupancy is issued for the ADU, the property owner shall complete, sign, have notarized, and record an ADU registration form.

2. The contents of the ADU registration form shall include the following:

a. The street address and legal description of the property where the accessory dwelling unit is located;

b. The written agreement for occupancy as prescribed in subsection (C)(2) of this section;

c. The written agreement to maintain the ADU as prescribed in subsection (C)(3) of this section; and

d. Any other relevant information determined necessary by the decision authority.

3. The property owner shall record the ADU registration with King County recorder’s office. A copy of the recorded document and recording number shall be provided to the city.

4. The ADU registration may be cancelled under the following conditions:

a. The property owner may cancel the ADU registration if:

i. The ADU is permanently removed from the property; or

ii. The property owner provides to the city evidence that the use has been removed and obtains approval from the city to cancel the ADU registration; and

iii. The property owner records a certificate of cancellation with King County recorder’s office and provides a copy of the recorded certificate of cancellation to the city.

b. The city may cancel the ADU registration if the property owner fails to comply with the general requirements in MMC 20.34.020. Cancellation of the ADU registration shall be in accordance with the following procedures:

i. The city provides a notice of cancellation to the property owner who shall have a right to appeal the decision to cancel pursuant to MMC 20.80.220 for a Type 1 decision;

ii. Once a decision to cancel becomes final, the city shall record a certificate of cancellation with King County recorder’s office;

iii. A copy of the recorded certificate of cancellation shall be provided to the property owner after which the use as an accessory dwelling unit shall cease.

E. Lapse of Approval. Approval of an accessory dwelling unit shall expire if the building permit for the accessory dwelling unit expires and substantial construction of the accessory dwelling unit has not started. Approval of an accessory dwelling unit shall also expire if the use is abandoned during its existence, or if a certificate of cancellation is recorded. (Ord. 900 § 5 (Att. B), 2013)

20.70.080 Grading and drainage permit.

A. Applicant. Any owner may submit an application for a grading and drainage permit.

B. Procedures. Grading and drainage permits are processed as a Type 1 decision, unless a SEPA threshold determination is required in which case the application is processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

C. Applicability. This section applies to all permits required under Chapter 20.43 MMC.

D. Criteria for Approval. The codes and standards referenced in Chapter 20.43 MMC and other applicable ordinances and regulations, as they currently exist or are hereafter amended, set forth the criteria for approving grading and drainage permits.

E. Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

F. Lapse of Approval. Grading and drainage permits shall expire as prescribed for building permits in Chapter 20.40 MMC. (Ord. 939 § 13, 2016)