Chapter 18.03
ADMINISTRATION
Sections:
18.03.010 Roles and responsibilities.
18.03.020 City zoning administrator.
18.03.055 Hearing examiner appeal procedure.
18.03.060 Legislative decisions.
18.03.070 Legislative enactments not restricted.
18.03.080 Exemptions from development application processing.
18.03.010 Roles and responsibilities.
A. The regulation of land development is a cooperative activity including many different elected and appointed boards and city staff. The specific responsibilities of these bodies are set forth below.
B. A developer is expected to read and understand the city development code and be prepared to fulfill the obligations placed on the developer by SLMC Titles 15 through 18. (Ord. 1079 § 1, 2008).
18.03.020 City zoning administrator.
The city zoning administrator shall review and act on the following:
A. Authority. The city zoning administrator is responsible for the administration of SLMC Titles 14 through 18.
B. Administrative Interpretation. Upon request or as determined necessary, the city zoning administrator shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation within 30 days. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation.
C. Administrative Approvals. Administrative approvals are set forth in SLMC 18.09.010. (Ord. 1079 § 1, 2008).
18.03.030 City council.
In addition to its legislative responsibility, the city council shall review and act on the following subjects:
A. Recommendations of the planning agency.
B. Appeals of planning agency rulings on continuations, extensions or remodeling of nonconforming use.
C. Appeals of planning agency decisions regarding rezones.
D. Appeals of planning agency decisions on requests for building on unplatted land. (Ord. 1079 § 1, 2008).
18.03.040 Planning agency.
A. The planning agency shall review and make recommendations on the following applications and subjects:
1. Amendments to comprehensive plan.
2. Amendments to the subdivision code, SLMC Title 16.
3. Amendments to the zoning code, SLMC Title 17, or the official map(s).
4. Amendments to the environmental regulations, SLMC Title 14.
5. Applications for short and major subdivision waivers and deferrals.
6. Other actions requested or remanded by the city council.
7. Rezone requests.
8. Requests for building on unplatted land.
9. Subdivision waiver and deferral requests.
B. The planning agency shall review and act on the following applications and subjects:
1. Site study analysis.
2. Habitat management plan review.
3. Appeals of public works superintendent actions on data analysis.
4. Extensions or continuations of nonconforming uses.
5. Appeals of staff actions regarding junkyard fences (auto wrecking yards).
The review criteria for certain of the actions are contained SLMC 18.09.020. (Ord. 1079 § 1, 2008).
18.03.050 Hearing examiner.
The hearing examiner shall review and act on the following subjects:
A. Requests for variances of the requirements of the city’s zoning code, SLMC Title 17, such as standards and dimensional requirements like height, width, size, setback and yard restrictions, subject to the limitations of RCW 35A.63.110(2) as now enacted or hereafter amended, pursuant to Chapter 2.72 SLMC.
B. Requests for conditional use permits pursuant to the city’s zoning code.
C. Appeals of State Environmental Policy Act (SEPA) determinations of nonsignificance or significance under Chapter 14.04 SLMC.
D. Appeals of the actions of the zoning code enforcement officials of the city pursuant to the city zoning ordinances.
E. Appeals of staff decisions regarding landscaping requirements.
F. Appeals of staff decisions regarding platting deemed insufficient.
G. Appeals of council decisions on applications for major subdivisions, short subdivisions, planned development districts, dedications of streets, alleys and other public spaces, subdivision waiver and deferral requests, rezone requests pursuant to SLMC Title 18, and requests for building on unplatted land.
H. Appeals of short subdivision applications from the zoning administrator.
The review criteria and procedures for the hearing examiner are contained in Chapter 2.72 SLMC. (Ord. 1079 § 1, 2008).
18.03.055 Hearing examiner appeal procedure.
A. Written Appeal. Appeals shall be written and shall include the following:
1. The name of the project applicant and the date of the decision;
2. The name and address of the person appealing, and his or her interest in the matter;
3. A brief statement of the specific action being appealed, together with any material facts claimed to support the contentions of the appellant;
4. A brief statement of the relief sought and the reasons why it is claimed the action appealed from should be reversed, modified, or otherwise set aside;
5. A list of property owners as specified in the zoning code if no public hearing has been held earlier; and
6. The appeal fee established pursuant to resolution.
B. Filing the Appeal. The appellant shall file an appeal with the planning department within 10 days after the date of the decision being appealed.
C. Rejection of Appeal. If an appeal is not properly filed because one or more of the required materials set forth in SLMC 2.72.100 has not been submitted to the planning department within the time limit established in SLMC 2.72.110, the city planner has the authority to reject the appeal. In such instances, the city planner shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).
D. Stay of Proceedings. If an appeal is properly filed within the time limit, the appealed decision shall be suspended, and no further development action which is the subject of the appeal may be taken until the appeal is decided, but if a suspension would cause imminent peril to life or property, development action may be continued only by an order issued by the examiner or by a court of competent jurisdiction.
E. Department Action. If an appeal is properly filed within the time limit, the city planner shall:
1. Set the hearing on the appeal for a date that is within 30 days of the date the appeal was filed;
2. Give notice of the hearing as specified in SLMC 2.72.130; and
3. Provide the hearing examiner with copies of the staff report, minutes if any, the decision, a preliminary response to the appeal, and other relevant material. The project applicant, appellant, and other interested parties who have made requests to the planning department shall be notified in writing when these materials are filed and that they may be reviewed and/or copied at the expense of the persons wishing to do so.
F. Hearing Examiner Review.
1. The hearing examiner shall hold a public hearing on the appeal in the manner provided in Chapter 2.72 SLMC.
2. The hearing examiner shall base his/her decision on the same standards and criteria set forth in this title for the original decision.
3. The hearing examiner may affirm, modify, or reverse the action of the staff.
4. The decision of the hearing examiner shall include any conditions placed on the approval if approval is granted.
5. The decision of the hearing examiner shall be final and conclusive, unless within 21 days from the date of the decision the project applicant, appellant, or an aggrieved person files with the superior court of Grant County a land use petition in accordance with Chapter 36.70C RCW, as it now exists or may hereafter be amended. (Ord. 1079 § 1, 2008).
18.03.060 Legislative decisions.
A. Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, 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 comprehensive plan and any plan amendments; and
5. Annexations.
B. Planning Agency. The planning agency shall hold a public hearing and make recommendations to the city council on the decisions listed in subsection (A) of this section as respects zoning or land use designations.
C. City Council. The city council shall consider the planning agency’s recommendation in a public hearing or meeting as required by law.
D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as required by law.
E. Implementation. The city council’s decision shall become effective by passage of an ordinance. (Ord. 1079 § 1, 2008).
18.03.070 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, as part of a regular revision process, or to make changes to the city’s development regulations. (Ord. 1079 § 1, 2008).
18.03.080 Exemptions from development application processing.
A. The following permits or approvals are specifically excluded from the procedures set forth in this title:
1. Landmark designations;
2. Street vacations;
3. Street use permits.
B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA, Chapter 43.21C RCW, and Chapter 14.04 SLMC, Environmental Policy Act, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:
1. Notice of completeness (SLMC 18.05.040);
2. City notice of development application (SLMC 18.07.010);
3. Except as provided in RCW 36.70B.140, optional consolidated development application review processing (Chapter 18.05 SLMC);
4. Joint public hearings (SLMC 18.07.020);
5. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open-record hearing (SLMC 18.08.020(C));
6. Notice of decision (SLMC 18.09.090);
7. Completion of project review within any applicable time periods (including the 120-day permit processing time) (SLMC 18.09.090). (Ord. 1079 § 1, 2008).