Article VI - ADMINISTRATION

Chapter 18.72
ADMINISTRATION

18.72.000    Chapter Contents

Sections:

18.72.020    Applications.

18.72.040    Application fees.

18.72.050    Consolidated review of applications.

18.72.060    Determination of complete application.

18.72.070    Effect of project permit application revisions.

18.72.080    Approval and appeal authorities.

18.72.100    Review and appeal authority.

18.72.120    Permit review time periods.

18.72.140    Expiration of approvals.

18.72.160    Licenses and building permits.

18.72.180    Certificate of occupancy.

18.72.240    Annexed land.

18.72.020 Applications

The Department shall prescribe the official form in which petitions are made for amendments to the Comprehensive Plan and Unified Development Code and the form of all project permit applications to be used for all matters which may come before the Department’s Administrative Staff, the Site Plan Review Committee, the Heritage Commission, the Design Review Board, Hearing Examiner, the Planning Commission and the City Council. The Department will prepare and provide copies for such purposes and prescribe the type of information to be provided in the application or petition by the applicant or petitioner. No application or petition shall be deemed complete unless it complies with such requirements.

Such forms shall specify the elements of each complete application as approved by the City Council. See Chapter 18.77 - Complete Application Form and Content. At minimum, each form shall require the authorized signature of the applicant, designation of a single person or entity to receive determinations and notices, and payment of the appropriate application fee, if any.

(Ord. 5830 §5, 1998; Ord. 5570 §31, 1995; Ord. 5517 §1, 1995).

18.72.040 Application fees

A.    Payment. Application fees as established by the City shall be paid to the Department upon the filing of any application or petition.

B.    Official Fee Schedule. Fees for the review and processing of applications or permits pursuant to this title shall be identified on the official fee schedule for the city, adopted by the City Council.

(Ord. 5570 §31, 1995; Ord. 5517 §1, 1995).

18.72.050 Consolidated review of applications

Pursuant to RCW 36.70B.060(3) and 36.70B.120 and OMC 18.02.130(B), except as prohibited by Resolution M-1419 or its successor, an applicant may elect to submit a consolidated project permit application. Such a request shall be indicated by the applicant in writing upon and simultaneously with submission of all applications to be consolidated. Upon payment of the appropriate consolidation fee, all consolidated applications shall be processed as one application with the final decision on such application to be made by the Site Plan Review Committee if no public hearing is required, or the Hearing Examiner if a public hearing is required by law or by exercise of the Committees OMC 18.60.080(C) discretion. Simultaneous applications for permit approval within one category of approvals, such as solely land use, building, or engineering approval, shall not be deemed consolidated reviews subject to a consolidated review fee, but nonetheless shall be entitled to consolidated review if so elected by the applicant.

(Ord. 5594 §23, 1996).

18.72.060 Determination of complete application

An application is complete when it meets the procedural submission requirements of the City and is sufficient for continued processing even though additional information may be required. An application shall not be deemed complete unless it is accompanied by the appropriate application fee and includes all information specifically required as listed at OMC Chapter 18.77, including the signature of the property owner(s) or an authorized representative thereof. Should the Department fail to provide a timely notice that an application is incomplete, the application shall be deemed vested as if complete on the 29th day after submittal.

Any information necessary to complete or to supplement an application must be submitted within six (6) months of the date of the notice describing such deficiency. The Department shall specify the date upon which the application will be null and void in the notice of completeness and in any requests for supplemental information or studies. Should such information not be timely received, the application shall be null and void. Upon failure of the applicant to cure any deficiency by timely completing an application, fifty (50) percent and only fifty (50) percent of the application fee(s) submitted with the incomplete application shall be refunded. However, no fee shall be refunded if a public hearing has been opened on such application.

(Ord. 5830 §20, 1998; Ord. 5570 §31, 1995; Ord. 5517 §1, 1995).

18.72.070 Effect of project permit application revisions

A.    If, in the judgment of the Director, the content of an application is so substantially revised by an applicant, either voluntarily or to conform with applicable standards and requirements, that such revised proposal constitutes a substantially different proposal than that originally submitted, the Director shall deem the revised proposal to be a new application.

In reaching a decision whether a revision is substantial, the Director shall consider the relative and absolute magnitude of the revision, the environmental sensitivity of the site, any changes in location of significant elements of the project and their relation to public facilities, surrounding lands and land uses and the stage of review of the proposal. Lesser revisions that would not constitute substantial revisions during early stages of review may be substantial during later stages due to the reduced time and opportunity remaining for interested parties to review and comment upon such changes. Written notice of such determination of substantial revision shall be provided to the applicant and all parties of record.

A determination that any revision is substantial shall result in the time periods mandated by the Regulatory Reform Act, RCW Chapter 36.70B, set forth in this Title starting from the date at which the revised project application is determined to be complete. The revised project application shall be subject to all laws, regulations, and standards in effect on the date of receipt of such complete substantial revision.

(Ord. 5570 §32, 1995).

18.72.080 Approval and appeal authorities

The project review process for an application or a permit may include review and approval by one or more of the following processes:

A.    Department Staff. Individual staff shall have the authority to review and approve, deny, modify, or conditionally approve, among others, Accessory Buildings, Accessory Dwelling Units, Boundary Line Adjustments, Building Permits and other construction permits exempt from the State Environmental Policy Act, Environmental Determinations, Home Occupation Permits, Minor Design Review (including reviews of undersized lots of record), Short Plats creating 2-9 lots, Sign Permits, Certificates of Occupancy, Temporary Use Permits, Time Extensions, Tree Plans, and Shoreline Exemptions, and to provide interpretations of codes and regulations applicable to such projects.

B.    Site Plan Review Committee. Pursuant to Chapter 18.60 the Site Plan Review Committee shall have the authority to conduct pre-submission conferences and to grant, conditionally grant, deny, or modify, land use approvals regarding projects for which a public hearing is not required, and to extend the period of approval for land use approval granted by the Committee or by the Hearing Examiner.

C.    Design Review Board. The Design Review Board shall have the authority to review and provide recommendations regarding Major Design Review applications and appeals of administrative Minor Design Review decisions pursuant to OMC Chapter 18.50, Design Review. With respect to design review criteria, the recommendation of the Board shall always be accorded substantial weight by the decision-maker.

D.    Olympia Hearing Examiner. Olympia Hearing Examiner shall have the authority vested pursuant to Chapter 18.82, Hearing Examiner.

E.    The City Environmental Review Officer shall administer the State Environmental Policy Act (SEPA), OMC Chapter 14.04 and OMC Chapter 14.10 Interim Critical Areas Ordinance.

F.    Shoreline Permit Review Process. See OMC Chapter 14.08 and the Shoreline Master Program for the Thurston Region.

G.    Subdivision Review Process. See OMC Title 17.

(Ord. 5830 §28, 1998; Ord. 5570 §31, 1995; Ord. 5517 §1, 1995).

18.72.100 Review and appeal authority

The following table describes development permits and the final decision and appeal authorities. When separate applications are consolidated at the applicant’s request, the final decision shall be rendered by the highest authority designated for any part of the consolidated application.

KEY:
Staff	=	Community Planning and Development Personnel
SPRC	=	Site Plan Review Committee
DRB	=	Design Review Board
PC	=	Planning Commission
HC	=	Heritage Commission
HE	=	Hearing Examiner
Council	=	City Council
R	=	Recommendation to Higher Review Authority
D	=	Decision
O	=	Open Record Appeal Hearing
C	=	Closed Record Appeal Hearing

[NOTE: City Council decisions may be appealed to Superior Court except comprehensive plan decisions which may be appealed to the State Growth Management Hearings Board.]

	Staff	SPRC	DRB	PC	HC	HE	Council
ZONING
Conditional Use Permit		R				D
Interpretations	D					O
Land Use (Site Plan) Review		D				O
Small Lot Review	D					O
Townhouse (2 - 4 Units)	D					O
Townhouse (10 or more units)		R	R (DR)			D
Townhouse Final (2-9)	D					O
Townhouse Final (10 or more)		R					D
Zoning Variance	R					D
Zone Map Change, without Plan Amendment	R					R	D
Zone Change, with Plan Amendment or Ordinance Text Amendment	R			R			D
Home Occupation	D					O
Temporary Use Permit	D					O
SEPA exempt Building Permit	D					O
Parking or Fence Variance		D				O
Accessory Dwelling Unit	D					O
Accessory Building	D					O
Occupancy Permit	D					O
Sign Permit	D					O
Landscape Plan	D					O
Tree Plan	D					O
Historic Properties		D			R	O
COMPREHENSIVE PLAN
Amendments (map, text)	R			R			D
DESIGN REVIEW
Detailed Review	D		R
major			O
Concept Review		D	RD			O
Signs (general)	D					O
Scenic Vistas		D	R			O
ENVIRONMENTAL
Threshold Determination	D					O
Impact Statement Adequacy	D					O
Reasonable Use Exception	R					D
SEPA Mitigating Conditions	D					O
Major Shoreline Substantial Development Permit		R				D
Shoreline Conditional Use Permit		R				D
Shoreline Variance		R				D
Shoreline Permit Revision or Exemption	D					O
SUBDIVISION
Boundary Line Adjustment (including lot consolidation)	D					O
Preliminary Plat, Long	R					D
Preliminary Short, (2-9 lots)	D					O
Final Short Plat	D					O
Final Long Plat	R						D
Master Plan Approval	R		R			R	D
MPD Project Approval		R	R			D
Preliminary PRD		R				R	D
Final PRD		R					D
Time Extensions	D					O

(Ord. 6514 §2, 2007; Ord. 6496 §1, 2007; Ord. 6408 §42, 2006; Ord. 5830 §47, 1998; Ord. 5570 §31, 1995; Ord. 5539 §14, 1995; Ord. 5517 §1, 1995).

18.72.120 Permit review time periods

A.    Notice of Completeness. The Department shall provide a written notice within twenty-eight (28) days of the date of receipt of any application stating whether the application is complete, and identifying any other governmental agencies known to have jurisdiction over the proposal; or if not complete setting forth any deficiency of the application, and specifying a date upon which the application will be null and void if any deficiencies have not been corrected. Upon receipt of any required additional information, the Department shall notify the applicant within fourteen (14) days whether the application is now complete or what additional information is necessary.

B.    Weekends and Holidays. Regardless of whether any period is a minimum or maximum, when any permit review, notice or decision time limit of this Title terminates upon a weekend or City holiday, such time limit shall automatically be extended to the first following non-holiday weekday.

C.    Review Period. The review and processing of project permit applications shall result in a decision being rendered within time limits set forth below.

D.    Notice of Delayed Decision. If the City is unable to issue its final decision within the time limits listed below, the City will provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of a final decision.

E.    Request for Timeline. Where no time limit is specified, upon written request the City will provide an estimated time of review. (Also see Council Resolution regarding exceptions.)

F.    Application Time Limits.

PLANNING APPLICATION TYPE	TIME LIMIT
Environmental Review (SEPA Checklist and Assessment)	90-days
Environmental Impact Statement (draft)	365-days
Short Plats	90-days
Land Use Approval	120-days
Preliminary Plat (10 or more lots)	90-days
Preliminary Planned Residential Development	90-days
Final Planned Residential Development	30-days
Final Plat	30-days
Conditional Use Permit	120-days
Conditional Use Permit - Residential	120-days
Variance	90-days
Shoreline Substantial Development Permit	120-days
Shoreline Exemption	90-days
Time Extension or Modification	90-days
Boundary Line Adjustment	90-days
Appeal to Hearing Examiner	90-days
ENGINEERING PERMIT APPLICATION TYPE	TIME LIMIT
Short Plat	120 days
Long Plat	120 days
Utility Extension (in-city)	120 days
Commercial	120 days
Multifamily	120 days
BUILDING PERMIT APPLICATION TYPE	TIME LIMIT
New Single-family Residential	30-days
Residential Addition/Remodel	30-days
New Multifamily	120-days
New Commercial	120-days
Commercial Addition/Remodel	120-days

G.    Time Limit Exceptions. The time limits set forth above do not include:

1.    Up to the first twenty-eight (28) days after receipt of an application during which the City determines whether the application is complete.

2.    Any period during which the applicant has been requested by the City to correct plans, perform studies or provide additional information requested by the City.

3.    If the City determines that the additional information submitted to the City by the applicant under Subsection (2) above is insufficient, the City shall notify the applicant of the deficiencies and the procedures of Subsection (2) shall apply as if a new request for information has been made.

4.    Any appeal period. Decisions regarding appeals shall be issued by the Examiner within 90 days of receipt of an appeal.

5.    Any extension of time mutually agreed upon by the applicant and the City.

6.    The time required to prepare and issue a final EIS in accordance with the State Environmental Policy Act.

(Ord. 6514 §3, 2007; Ord. 6408 §31, 2006; Ord. 5830 §21, 1998; Ord. 5570 §31, 1995; Ord. 5517 §1, 1995).

18.72.140 Expiration of approvals

Knowledge of the expiration date of any approval is the responsibility of the applicant. The City shall not be held accountable for notification of expirations.

A.    Variance. Unless exercised, a variance shall expire one year from the date a final decision is issued. If timely exercised, a variance shall be valid indefinitely.

B.    Conditional Use Permit. Unless exercised or otherwise specified, a conditional use permit shall be void one (1) year from the date a notice of final decision was issued. If exercised, a conditional use permit shall be valid for the amount of time specified by the Hearing Examiner. If the use allowed by the permit is inactive, discontinued or abandoned for twelve (12) consecutive months, the permit is void and a new permit shall be obtained in accordance with the provisions of this title prior to resuming operations.

C.    Home Occupation Permit. A home occupation permit shall be valid indefinitely unless a time limitation is specified by staff or the Hearing Examiner or it is revoked for lack of compliance to conditions. A home occupation permit shall be void unless exercised within one (1) year from the date such permit was issued. If the use allowed by the permit is inactive, discontinued or abandoned for twelve (12) consecutive months, the permit is void and a new permit shall be applied for and obtained in accordance with the provisions of this title prior to resuming operations. A Home Occupation permit shall not be transferable to a new site or entity.

D.    Land Use Approval. Unless exercised by complete application for necessary construction permits, any land use approval shall expire and be null and void two years from the date the final approval was issued. Land use approval shall be extended two additional years if a complete building or other construction permit application for the project is submitted prior to expiration of the land use approval. Even absent such application, upon finding that there has been no substantial change in relevant circumstances and standards, land use approval may be extended up to two (2) additional years by the Site Plan Review Committee pursuant to a written request submitted prior to expiration of land use approval. Upon receiving such request, notice shall be provided pursuant to the comparable notice of application procedures of Table 78-1. Following a comment period of at least 14 days, SPRC may grant, limit or deny the extension and may impose such conditions of extension to ensure compliance with any subsequently revised standards. If such written request for extension is not received by the Department prior to expiration, such extension shall be denied.

E.    Detailed Design Review approval shall expire simultaneously with expiration of any associated building or other construction permit.

(Ord. 6408 §32, 2006; Ord. 5570 §31, 1995; Ord. 5517 §1, 1995).

18.72.160 Licenses and building permits

Business and occupational licenses shall not be issued unless the applicant has a valid certificate of occupancy as defined hereunder. No building permit shall be issued for the construction, alteration or relocation of any building, structure or part thereof unless the plans, specifications and intended use of such building or structure conforms in all respects with the provisions of this Title. All applications for building permits shall be accompanied by a site plan drawn to scale showing the actual dimensions of the building site, the size, use and location of existing buildings and buildings to be erected, and such other information as may be necessary to provide for the enforcement of this title.

(Ord. 5517 §1, 1995).

18.72.180 Certificate of occupancy

A certificate of occupancy shall be obtained from the Department when a certificate of occupancy is required by the Uniform Building Code (UNIFORM BUILDING CODE).

(Ord. 5517 §1, 1995).

18.72.240 Annexed land

All land or territory hereafter annexed to the City and located within the urban growth area shall be zoned as depicted on the official zoning map of the City. Any area that is not pre-zoned shall be zoned in conformance to the comprehensive plan.

(Ord. 5517 §1, 1995).