Chapter 17.76
ADMINISTRATION
Sections:
Article I. General Administration,
Responsibilities and Enforcement
17.76.010 City clerk-treasurer’s responsibility.
17.76.020 Building official’s responsibility.
17.76.030 Planning commission’s responsibility.
17.76.040 City council’s responsibility.
17.76.050 City attorney’s responsibility.
Article II. Land Use Application –
Purpose and Requirements
17.76.070 Land use application form.
17.76.080 Information required for land use application.
Article III. Land Use Application Process
17.76.100 Application procedure.
17.76.110 Planning commission review and action.
17.76.120 City council review and action.
17.76.140 Land use application procedure chart.
Article I. General Administration, Responsibilities and Enforcement
17.76.010 City clerk-treasurer’s responsibility.
The city clerk-treasurer is responsible for accepting land use applications; to insure that all information is present from the applicant; to schedule public hearings; and to make all required notifications of proposed action and public hearings. Consider also: documenting all proceedings. (Ord. 669, 1990).
17.76.020 Building official’s responsibility.
The zoning inspector and building inspector will add their input where necessary and transmit pertinent information to the planning commission. They shall also issue building permits per DMC Title 15, verify that all work performed per permit is in compliance to applicable codes and maintain surveillance of the city to assure that building activity is not being done without a permit. (Ord. 708 § 3, 1992; Ord. 669, 1990).
17.76.030 Planning commission’s responsibility.
The planning commission shall:
(1) Conduct public hearings, when required, which may be scheduled on the date of a regular planning commission meeting;
(2) Review applications, at regular public meetings take testimony, discuss and make recommendations for action and conditions to the city council;
(3) Periodically review the zoning ordinance and comprehensive plan for correctness and timeliness and to recommend appropriate changes to the city council. (Ord. 669, 1990).
17.76.040 City council’s responsibility.
The city council, upon recommendation of the planning commission, shall be responsible for making all final decisions and establishing conditions on any land use application or other application under this title. (Ord. 669, 1990).
17.76.050 City attorney’s responsibility.
The city attorney shall be responsible for taking any action necessary to enforce this title at the direction of the city council. He/she should also advise on the legality of planning commission or city council actions as appropriate. (Ord. 669, 1990).
Article II. Land Use Application –
Purpose and Requirements
17.76.060 Purpose.
The purpose of this article is to provide a standardized application form for proposed land uses and other requests and to set the information requirements necessary for the planning commission and the city council to evaluate a proposed request and to take necessary action. (Ord. 669, 1990).
17.76.070 Land use application form.
(a) The land use application form shall contain the following information:
(1) Name, address and phone number of the applicant;
(2) Legal owner of the lot or parcel on which the use is proposed;
(3) Assessor’s parcel number(s) of the lot parcel(s);
(4) A written description of the proposed use;
(5) The nature of the proposed request (i.e., permitted use, conditional use, variance, amendment to the ordinance, rezone, etc.).
(b) A land use application form shall be available from the city clerk-treasurer. (Ord. 669, 1990).
17.76.080 Information required for land use application.
(a) This land use application form shall be used to apply for land use projects or requests. It is the applicant’s responsibility to provide such additional mapped and written information as is necessary to evaluate a proposed project or request. Such information requirements will generally be stated in the sections or ordinances shown under “reference” below. The applicant may also request a preliminary discussion with the planning commission to determine exactly what information shall be required with the application.
(b) A land use application form shall be used to apply for:
(1) All permitted/conditional land uses: Chapter 17.40 DMC;
(2) Accessory building and uses: DMC 17.60.180;
(3) Unlisted or unclassified uses: Chapter 17.56 DMC;
(4) Building permits: building code;
(5) Variances: Chapter 17.84 DMC;
(6) Amendments and rezones: Chapter 17.88 DMC;
(7) Binding site plans: subdivision ordinance;
(8) Annexation request: Chapter 35.13 RCW;
(9) Short subdivision: subdivision ordinance;
(10) Subdivision: subdivision ordinance. (Ord. 669, 1990).
Article III. Land Use Application Process
17.76.090 Authority.
The city clerk-treasurer is responsible for receiving the land use application, ensuring that all required information is present and transmitting the application and appended information to the planning commission. The planning commission is responsible for reviewing land use application, approving certain applications (DMC 17.76.140), holding public hearings where required, and making recommendations to the city council. The city council is responsible for making final decisions on land use permits (except see Chapter 17.40 DMC). (Ord. 669, 1990).
17.76.100 Application procedure.
The applicant shall present a completed land use application together with necessary information to the city clerk-treasurer. The application will be reviewed for completeness and will be forwarded to the planning commission. The city clerk-treasurer shall also review the SEPA checklist (if applicable) and make a threshold determination according to the guidelines of the local SEPA ordinance. “SEPA” is the State Environmental Protection Agency. (Ord. 669, 1990).
17.76.110 Planning commission review and action.
The planning commission will review all land use applications. If the application is for a permitted use, either an individual single-family dwelling unit, manufactured home, duplex or an apartment building with four or less dwelling units, the planning commission shall review the application for compliance with this title and any other applicable ordinance. If the planning commission finds that the application is in compliance with this title, the planning commission shall then authorize the issuance of a building permit to the applicant. If the planning commission finds that the proposed use is not in compliance with the title, the application is returned to the applicant with a written explanation of the reason for denying the permit. An applicant may resubmit the proposal if the proposed use is modified to insure compliance with this title.
If the application is for a permitted use other than a single-family dwelling unit, a manufactured home, a duplex or apartment with four or less dwelling units, or if the application is for a variance, amendment, a conditional use or other uses requested, the planning commission shall transmit the application along with their recommendations to the city council for a final decision. (Ord. 669, 1990).
17.76.120 City council review and action.
The city council shall at public meeting review all land use applications forwarded by the planning commission, accept additional public input and shall make a final decision. Written findings of fact shall be prepared for each decision. (Ord. 669, 1990).
17.76.130 Time limit.
If substantial construction of such use is not started within one year from the date of issuance of the permit, the applicant must submit a request for a maximum one year extension of the permit. See Chapter 17.40 DMC for requirements for a building permit and an occupancy permit. (Ord. 669, 1990).
17.76.140 Land use application procedure chart.
The land use application procedure chart, Table 17.76.140, illustrates the proper procedures for an application to follow on a request for a permitted use.
Land Use Application Procedure Chart: Permitted Uses
(Ord. 669, 1990).