Chapter 20.26


20.26.010    Purpose.

20.26.020    When required.

20.26.030    Land use applications – Level III.

20.26.040    Review procedures, decision – Level III.

20.26.045    Concurrency review.

20.26.050    Appeals.

20.26.010 Purpose.

The purpose of Level III procedures is to handle applications which require a quasi-judicial public hearing before a final decision by the hearing examiner. The Level III review process provides for public involvement in the hearing process with mailed notice to property owners pursuant to Chapter 20.14. The purpose of the public hearing for Level III applications is to obtain information on the proposal and its relationship to the relevant criteria and standards of this code and the policies of the comprehensive plan. (Ord. 2023-33 § 2, 2023; Ord. 2018-53 § 10(part), 2018: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 21, 1997: Ord. 95-5 § 1(part), 1995).

20.26.020 When required.

Level III land use applications are required for:

A. Conditional uses (Chapter 20.216);

B. Variances (Chapter 20.220);

C. Most enlargements of nonconforming situations (Chapter 20.212);

D. Special use permits (Chapter 20.224);

E. Level III home occupations (Chapter 20.123, Table of Permitted Home Occupations); and

F. All other proposals determined by the director to be Level III proposals. (Ord. 2018-53 § 10(part), 2018: Ord. 2001-17 § 3, 2001: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 22, 1997).

20.26.030 Land use applications – Level III.

Level III applications shall be made in writing to the department on forms supplied by the department. The application shall contain the information required in Section 20.14.040. A general or detailed site plan as required by the director shall accompany the application. The director or designee may request any additional information necessary to clarify the application, or determine compliance with this code. (Ord. 2018-53 § 10(part), 2018).

20.26.040 Review procedures, decision – Level III.

The following procedures will be followed for the review of Level III applications:

A. Approving Authority. Level III decisions are processed according to Chapter 20.14 with final decision made by the approving authority (hearing examiner) after public hearing.

B. Site Plan Review/Staff Report. Proposals requiring site plan review will be sent to the site plan review committee by the department no later than fourteen days after the application has been determined to be complete. The site plan review process shall be as set forth in Chapter 20.46, Site Plan Review Committee. The department shall coordinate and assemble the comments received. These comments shall be included in a staff report prepared by the department. The staff report shall summarize the proposal with the department’s proposed findings, conclusions, and recommendations. The staff report is then submitted to the hearing examiner for consideration at a public hearing.

C. SEPA Review. All Level III applications will be reviewed by the department and if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

D. The hearing examiner shall approve, deny, or approve the application with such conditions as are necessary to bring the proposal into conformance with the standards of this code and the policies of the Comprehensive Plan. Conditions of approval may include actions necessary to avoid imposition of undue public service obligations on the city, or mitigation of adverse impacts.

E. Decision. Following the public hearing and upon completion of its action, the hearing examiner shall issue a written decision.

F. Issuance of Building Permits. No use requiring a Level III decision shall be entitled to a building permit until and unless the hearing examiner approves the application. The Level III decision is not a building permit and does not by itself authorize the construction or occupancy of any use or structure. (Ord. 2018-53 § 10(part), 2018: Ord. 2008-06 § 45, 2008: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 23, 1997).

20.26.045 Concurrency review.

No approval or permit shall be issued on a proposal until concurrency requirements are satisfied. (Ord. 2012-09 § 19, 2012).

20.26.050 Appeals.

Decisions by the hearing examiner under Level III review may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals.