Chapter 20.01
GENERAL PROVISIONS
Sections:
20.01.004 Types of development permits and approvals.
20.01.005 Procedures for review of development permits or approvals.
20.01.006 Joint public hearings.
20.01.007 Land use violations – Enforcement.
20.01.001 Purpose.
The purposes of this title are to:
A. Provide for the integrated and consolidated review of development permits relating to a proposed action;
B. Combine the environmental review process, both procedural and substantive, with the procedure for the review of development permits;
C. Provide for no more than one open record hearing and one closed record appeal on development permits, except for the appeal of a determination of significance;
D. Provide for the issuance of the city’s final decision within 120 days after submission of a complete development permit application; and
E. Implement additional and remaining provisions of the Regulatory Reform Act (Chapter 36.70B RCW). (Ord. 989 § 1 (part), 1996).
20.01.002 Definitions.
A. “Closed record appeal” means an administrative appeal to a North Bend body or officer, including the city council, following an open record hearing on a development permit or approval, when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
B. “Consistency” means agreement or logical coherence among parts, and shall include all terms used in Chapters 36.70A and 36.70B RCW, including but not limited to the related terms of compliance and conformity.
C. “Development permit” means any land use permit or approval, or environmental permit or approval, required from the city of North Bend for a project action, including but not limited to those identified in Table 20.01.004. As used in this title, the term “development permit” shall always include the term “development approvals.”
D. “Land development proposal” shall include, but not be limited to:
1. All administrative and quasi-judicial land development permits and/or approvals outlined in Title 20, Table 20.01.004.
2. Annexations, rezones, developer-extension agreements, extension of city utility service, business licenses involving the change of use of a building.
The term “land development proposals” is intended to be construed broadly and to include all city permits and/or city approvals which may be associated with a development project; provided, it shall not include recommendations or requests for amendments to North Bend’s land use codes.
E. “Open record hearing” means a hearing conducted by a single hearing body or officer of North Bend government, authorized to conduct such hearing, that creates a record through testimony and submission of evidence and information under procedures prescribed by North Bend ordinance or resolution. “Open record predecision hearings” may be held prior to the hearing body’s decision on a development permit. “Open record appeal hearings” may be held on a development permit only if no “open record predecision hearing” is held. (Ord. 1020 (part), 1997; Ord. 989 § 1 (part), 1996).
20.01.003 Exemptions.
A. Legislative Decisions. The following decisions are legislative, and are not subject to the procedures in this title, unless otherwise specified:
1. Zoning code text and zoning district amendments;
2. Adoption of development regulations and amendments;
3. Area-wide rezones to implement new city policies;
4. Adoption of the comprehensive plan and any plan amendments; and
5. Annexations.
B. Other Exemptions.
1. Landmark designations;
2. Street vacations;
3. Street use permits.
C. Exempt from Provisions Except Determination of Completeness. To be exempt, except from a determination of completeness, subsections (C)(1), (2), (3) and (4) of this section must be exempt from SEPA project-action thresholds (NBMC 14.04.050).
1. Building permits;
2. Other construction permits (e.g., sign permits; clearing and grading permits);
3. Boundary line adjustments;
4. Other administrative approvals categorically exempt from SEPA (WAC 197-11-800 and NBMC 14.04.050) or for which environmental review has been completed in connection with other development permits. (Ord. 989 § 1 (part), 1996).
20.01.004 Types of development permits and approvals.
For the purposes of this title, nonexempt development permits shall be classified under major headings of either “I. Administrative” or “II. Quasi-Judicial,” as indicated in Table 20.01.004 (column 1). Administrative permit decisions are made by a city staff person, typically the community services director. Quasi-judicial permit decisions are made by an elected or appointed body that adjudicates and makes decisions based on information and analysis presented. Specific permit types are listed under subheadings of “Administrative” and “Quasi-Judicial” in Table 20.01.004 (column 1: I.a. – j. and II.k. – x.). These specific types represent the spectrum of land use permits or approvals currently required by North Bend’s land use codes. The table also presents information on respective code citations (column 2); requirements for environmental review (column 3); staff recommendation (column 4); staff decision (column 5); hearing requirements (columns 6 and 7); decision body (column 8); types of appeals and appeal bodies (columns 9 and 10); and judicial appeal (column 11). Explanatory notes are provided at the bottom of the table.
|
Permit Type – I Administrative |
Code Requirement |
SEPA Review |
Staff Recommend |
Staff Decision |
Open Record Hearing |
Closed Record Hearing |
Decision Body |
Open Record Appeal |
Closed Record Appeal |
Court Appeal |
|---|---|---|---|---|---|---|---|---|---|---|
|
a. SEPA Threshold Determination |
E or NE |
No |
Yes |
No |
No |
CED |
No |
No |
Yes |
|
|
b. Critical Area Study |
E or NE |
No |
Yes |
No |
No |
CED |
HE |
No |
Yes |
|
|
c. Floodplain Permit |
E or NE |
No |
Yes |
No |
No |
CED |
HE |
No |
Yes |
|
|
d. Short Subdivisions (Short Plat), and Binding Site Plans |
17.12 |
E or NE |
No |
Yes |
No |
No |
CED |
HE |
No |
Yes |
|
e. Boundary Line Adjustments |
17.28 |
E or NE |
No |
Yes |
No |
No |
CED |
HE |
No |
Yes |
|
f. Landscape Review |
E or NE |
No |
Yes |
No |
No |
CED |
No |
No |
Yes |
|
|
g. Design Review |
E or NE |
No |
Yes |
No |
No |
CED |
HE |
No |
Yes |
|
|
h. Clearing and Grading Permits |
E or NE |
No |
Yes |
No |
No |
CE |
HE |
No |
Yes |
|
|
i. Site Plan |
18.14 |
E or NE |
No |
Yes |
No |
No |
CED |
No |
No |
Yes |
|
j. Other Administrative Permits (Construction Permits) |
|
E or NE |
No |
Yes |
No |
No |
Varies |
Varies |
No |
Yes |
|
CC – City Council CE – City Engineer CED – Community and Economic Development HE – Hearing Examiner DOE – Department of Ecology E or NE – Exempt or Nonexempt PC – Planning Commission |
||||||||||
|
Permit Type – II Quasi-Judicial |
Code Requirement |
SEPA Review |
Staff Recommend |
Staff Decision |
Open Record Hearing |
Closed Record Hearing |
Decision Body |
Open Record Appeal |
Closed Record Appeal |
Court Appeal |
|---|---|---|---|---|---|---|---|---|---|---|
|
k. Public Agency/Utility Exemption |
No |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
|
l. Reasonable Use CAO Exemption |
No |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
|
m. Shoreline Conditional Use |
E or NE |
Yes |
No |
HE |
No |
HE |
No |
State Shoreline Board |
Yes |
|
|
n. Shoreline Substantial Development Permits |
E or NE |
No |
Yes |
No |
No |
CED |
No |
State Shoreline Board |
Yes |
|
|
o. Shoreline Variances |
E or NE |
Yes |
No |
HE |
No |
HE |
No |
State Shoreline Board |
Yes |
|
|
p. Mobile Home Parks |
E or NE |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
|
q. Preliminary Plat |
17.12 |
Yes |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
r. Final Plat |
17.16 |
No |
Yes |
No |
No |
CC |
CC |
No |
No |
Yes |
|
s. Conditional Use Permits |
E or NE |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
|
t. Variances |
E or NE |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
|
u. Comprehensive Plan and Development Regulation Amendments |
E or NE |
Yes |
No |
PC |
No |
CC |
No |
No |
Yes |
|
|
v. Special District, Master Plan, and Master Plan Amendments |
18.13 |
E or NE |
Yes |
No |
HE |
No |
HE |
No |
No |
Yes |
|
CC – City Council CE – City Engineer CED – Community and Economic Development HE – Hearing Examiner DOE – Department of Ecology E or NE – Exempt or Nonexempt PC – Planning Commission |
||||||||||
(Ord. 1749 § 3, 2021; Ord. 1466 § 1 (Exh. A), 2012; Ord. 1464 § 1 (Exh. A (part)), 2012; Ord. 1321 § 1, 2008: Ord. 1172 § 28, 2002: Ord. 989 § 1 (part), 1996).
20.01.005 Procedures for review of development permits or approvals.
A. Determination by Director. Upon inquiry by an applicant in a preapplication conference or otherwise, the director of community services or his/her designee shall determine the proper type (administrative or quasi-judicial) and specific sub-type of development permit(s) being sought from Table 20.01.004.
B. Procedures for Review. Applications for nonexempt development permits shall be evaluated and processed as outlined in later sections of this title, and shall incorporate the following steps or components:
Chapter 20.02 NBMC: Development Permit Submittals and Public Notice:
1. Preapplication conference (NBMC 20.02.001);
2. Submission of development permit application (NBMC 20.02.002);
3. Determination of completeness (NBMC 20.02.003);
4. Referral and review of development permit(s) (NBMC 20.02.004).
Chapter 20.03 NBMC: Notice of Application and Public Hearing:
5. Required public notice of application (NBMC 20.03.001);
6. Additional public hearing notice requirements (NBMC 20.03.002).
Chapter 20.04 NBMC: Determination of Consistency:
7. Determination of consistency with development regulations and comprehensive plan (NBMC 20.04.001);
8. Initial SEPA analysis (NBMC 20.04.002).
Chapter 20.05 NBMC: Staff Report, Public Hearing, and Notice of Decision:
9. Community services staff report (NBMC 20.05.001);
10. Public hearing (NBMC 20.05.002);
11. Ex parte communications (NBMC 20.05.003);
12. Burden and nature of proof (NBMC 20.05.004);
13. Decision and notice of decision (NBMC 20.05.005)
14. Calculation of time periods for issuance of notice of final decision (NBMC 20.05.006).
Chapter 20.06 NBMC: Appeals:
15. Appeals of administrative decisions;
16. Appeals of quasi-judicial decisions;
17. Judicial appeals;
18. Consolidation of appeals;
19. Standing to initiate appeals;
20. Procedural and substantive guidelines.
C. Consolidated Permit Processing. Concurrent application for and processing of all required land development permits and/or approvals is encouraged. Applications involving more than one development permit or approval identified in Table 20.01.004 will be processed collectively unless a written request from the applicant(s) is provided indicating the contrary, or unless circumstances do not allow. When processed collectively, development permit(s) that require a public hearing shall be consolidated into one open-record public hearing. Such open-record hearing shall be held by the local decision-making body with the highest authority outlined in Table 20.01.004 for the collective permits or approvals. The highest hearing authority is the city council, followed by the planning commission, followed by the board of adjustment, followed by the shoreline board. When processed individually, no final decisions on development permit elements not requiring a public hearing shall be made until permit elements requiring a public hearing(s) are made.
D. City Requirement before Issuance of any Building Permit, Clearing and Grading Permit, or Other Construction-Related Permit. All land use permits or approvals must be issued and all associated reviews must be completed before issuance of any building permit, clearing and grading permit, or other construction-related permits. Please refer to Chapter 15.02 NBMC. (Ord. 1060 § 2, 1998; Ord. 1020 (part), 1997; Ord. 989 § 1 (part), 1996).
20.01.006 Joint public hearings.
A. Director’s Decision to Hold Joint Public Hearing. The community services director may combine any public hearing on a development permit application with any public hearing that may be held by another state, regional, federal, or other agency on the proposed action, as long as:
1. The other agency is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;
3. The agency has received the necessary information about the proposed development from the applicant in enough time to hold its hearing at the same time as the local government hearing; and
4. The hearing is held within the geographic boundary of the city of North Bend.
B. Applicant’s Request for a Joint Hearing. If an applicant requests a joint public hearing as identified above, a joint hearing shall be held so long as:
1. The conditions outlined in subsections (A)(1) through (A)(4) of this section can be met;
2. The decision timeframes identified in NBMC 20.05.005 can be met, or the applicant agrees to necessary extensions as provided by NBMC 20.05.006(A)(5). (Ord. 989 § 1 (part), 1996).
20.01.007 Land use violations – Enforcement.
Land use violations, including but not limited to violations of NBMC Title 17, Land Segregation; NBMC Title 18, Zoning; and NBMC Title 19, Development Standards, shall be enforced pursuant to the provisions set forth in Chapter 1.20 NBMC. (Ord. 1585 § 22, 2016).