Chapter 17.85
PUBLIC PROCESS PROCEDURES
Sections:
17.85.010 Amendments.
A. Council Authority – Commission Recommendations. The council may amend, change, modify, or repeal regulations and restrictions as established in this title. Such actions shall be known as “text amendments.” The council may change, restrict, or extend the boundaries of the various districts established in this title. Such actions shall be known as “map amendments.” Before acting upon any proposed amendment, the same shall be referred by the council to the planning commission. The commission, after due public notice and hearing, shall submit a report to the council containing its recommendation thereon.
B. How Initiated. An amendment may be initiated by the following means:
1. The request of one or more of the owners of property proposed to be affected; or
2. A resolution of intention by the planning commission or city council. An amendment request initiated by a property owner shall be filed with the city clerk on a form prescribed by the director, and shall be accompanied by the prescribed filing fee and an advance deposit in the amount established by the city clerk pursuant to SMC 17.85.030.
C. Criteria for Amendments. The planning commission in its findings and recommendation and the city council in its decision shall be guided by the following criteria:
1. The amendment shall be in conformity with the adopted land use policy of the city as established in the Snoqualmie Vicinity Comprehensive Plan, and in the public interest.
2. If the amendment is requested by a property owner and is for a reclassification to any district which allows a commercial, industrial or multifamily residential use, the request shall be accompanied by an architectural site plan showing the proposed development and its relationship to surrounding areas. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).
17.85.020 Variances.
A. Purpose. It is the purpose of this section to authorize upon application in specific cases such variances from the provisions of the zoning ordinance or other land use regulatory ordinances as the city may adopt which will not be contrary to the public interest and only where, owing to special conditions, a literal enforcement of the provisions of such ordinance(s) would result in unnecessary hardship.
B. Criteria for Granting Variance Permit. In no case shall a variance be granted from use restrictions. A variance from the other provisions of this code shall not be granted by the hearing examiner unless the hearing examiner finds that all of the following facts and conditions exist:
1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located;
2. That such variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;
3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated;
4. The authorization of such variance will not adversely affect the implementation of the comprehensive land use plan;
5. That the granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity.
C. Conditions for Granting – Extension. In authorizing the variance, the hearing examiner may attach thereto such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest. A variance so authorized shall become void after the expiration of one year or a longer period, as specified at the time of the hearing examiner action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the hearing examiner may extend the period of variance authorization without a public hearing upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of the original approval.
D. Application Requirements. An application to the hearing examiner for the issuance of a variance may be made by any property owner, tenant, authorized agent or any government officer, department, board, or bureau affected on forms prescribed by the director. A complete application for variance shall include, but may not be limited to:
1. Completed application form;
2. Site plan or other related map materials which clearly indicate the dimensional characteristics of the site and structures involved;
3. Affidavit of ownership or interest in property;
4. Filing fee.
When a proper and complete variance application has been filed, the planning department shall set a date for public hearing, consistent with public notice requirements of SMC 17.85.030.
E. Prohibited Variance. Under no circumstances shall the hearing examiner grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this title in the zone. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 769 § 34, 1996; Ord. 744 § 2, 1995).
17.85.030 Public process.
A. Fees. The fees for processing all permit applications or petitions made pursuant to this title, and for processing appeals from any administrative interpretations, rulings or order or findings and decisions of the planning commission made under the authority of this title, shall be established by resolution of the city council. The finance/administrative officer shall cause to be prepared a schedule of land use application and permit fees, to be available to the general public at City Hall, and shall promptly revise the schedule upon adoption by the city council of any subsequent resolution amending any of the fees established herein. When a fee established herein includes the equivalent of city costs incurred, the city official responsible for processing the permit or land use application involved shall determine the amount of estimated city costs anticipated to be incurred, and the applicant shall, as a condition of further action on the application, deposit the estimated amount so determined with the city. The city shall maintain a record of costs incurred in processing the application, and at such time as the costs actually incurred exceed the amount deposited by the applicant, the city may require the deposit of additional sums in the amount equal to the remaining city costs anticipated to be incurred in processing the application, as a condition of further action thereon.
B. Publication. Public notice of any hearing as required by state law or this title shall be deemed to have been given when a notice setting forth the general purpose of any such hearing and the time and place thereof has been published at least one time in the city’s designated legal newspaper, at least 10 days before the date set for such hearing. Public notice of one or more hearings may be included within the same notice.
C. Notice to Property Owners. In cases of conditional use permits, map amendments, variances, and other applicable permit applications including site-specific Category III and IV permits, written notice of any hearing shall be mailed to owners of all properties within a 500-foot radius of the exterior boundaries of the subject site. The notice shall be mailed to such property owners no later than 10 days prior to the public hearing. The property ownership records of the King County treasurer shall be used to identify surrounding property owners. In those cases where a public hearing is required to process an application not initiated by the city, responsibility to furnish the names and addresses of property owners, pre-addressed envelopes with sufficient postage affixed, and an appropriate form of affidavit of mailing shall rest with the applicant.
D. Public Hearings. A public hearing is required before the planning commission or hearing examiner on conditional use permits, amendments and variances. Required public hearings shall be established within 60 days of the filing of a complete application. The planning official shall prepare a written report for the planning commission or hearing examiner, summarizing the essential facts relating to a request, and may, but is not required to, make a staff recommendation. The planning commission or hearing examiner shall take testimony at the hearing in the following order, or as they may otherwise establish by rule:
1. Introduction of matter by planning official;
2. Presentation by applicant or authorized representative;
3. Testimony by the public;
4. Rebuttal testimony by applicant, if any; and
5. Closing presentation of planning official.
E. Actions by Planning Commission or Hearing Examiner. The planning commission or hearing examiner shall within 60 days of a public hearing, depending on the type of application, either render a decision or transmit its written findings and recommendation to the city council. The recommendation may be for approval, approval with conditions, or denial of the request. All recommended conditions shall be supported by appropriate findings.
F. City Council Action. Upon receipt of the planning commission or hearing examiner’s findings and recommendation, or after the expiration of 60 days after the planning commission or hearing examiner hearing, the city council shall consider requests that require council action. The planning official shall prepare a written report for the city council, summarizing the pertinent testimony at the public hearing, and changes in the staff recommendation made to the planning commission or hearing examiner, if any. The city council shall consider the planning commission or hearing examiner findings and decision, the planning official’s reports, and shall afford the applicant an opportunity to respond thereto. The city council may approve, approve with conditions, or deny a request, or in its sole discretion remand the matter to the planning commission or hearing examiner for additional consideration. If the city council approves a request, it shall direct the preparation of necessary approval documents, including ordinances and/or resolutions. Any conditions of an approval shall be accomplished by an agreement between the applicant and the city and restrictive covenants, as required, which shall be fully executed and delivered to the city in recordable form prior to adoption of an ordinance or other document.
G. Administrative Appeals. The requirements of this section do not apply to administrative appeal hearings. For appeal hearing procedures, see SMC 14.40.030. (Ord. 1203 § 14, 2018; Ord. 1198 § 22 (Exh. D), 2017; Ord. 1131 § 6, 2014; Ord. 744 § 2, 1995).
17.85.040 Appeals.
Repealed by Ord. 769. (Ord. 744 § 2, 1995).
Code reviser’s note: See SMC Title 14, Development Review, Chapter 2.12 SMC, Planning Commission, and Chapter 2.14 SMC, Hearing Examiner.