Division VI. Administration
Chapter 16.80
ADMINISTRATION
Sections:
16.80.015 Administration – Enforcement.
16.80.020 Development permits required.
16.80.030 Permits, terms, and conditions.
16.80.040 When a permit is not required or may be waived.
16.80.050 Application for development permits.
16.80.070 Criteria for approval of an application and issuance of a permit.
16.80.010 Purpose.
It is the purpose of this chapter to establish administration procedures for land use decisions in the city of Sultan. The administration of the zoning code will be done by the community development staff under the direction of the community development director. (Ord. 1367-22 § 2 (Exh. A); Ord. 1347-21 § 31; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.015 Administration – Enforcement.
A. The community development director shall have the power to render interpretations of this title and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules, and regulations shall conform to the intent and purpose of this title.
B. The community development director, or his or her duly authorized representative, is authorized to utilize the procedures of Chapter 1.10 SMC to enforce against violations of any land use or other code within his or her administrative jurisdiction. (Ord. 1367-22 § 2 (Exh. A); Ord. 1347-21 § 32; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.020 Development permits required.
To implement the purpose and scope of the zoning code, all development within the city is required to be in conformance with the city of Sultan comprehensive plan and the provisions of this title. A development permit must be approved by the city of Sultan and its designated agents prior to any physical alterations to any site specific piece of property including, but not limited to, the following development actions:
A. Grading/Filling. Modification of land and landscape where grading and/or filling of more than 50 cubic yards of material is moved, whether from one parcel/ownership to another or within the same parcel/ownership.
B. Clearing of vegetation protected under SMC Title 17.
C. Constructing any building, addition or expansion or other improvement that is not specifically exempt from requiring a building, fence, or other construction permit. (Ord. 1367-22 § 2 (Exh. A); Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.030 Permits, terms, and conditions.
A. Development Permit. Any development permit that is issued shall be subject to the terms and conditions imposed by the community development director to ensure that such development will be in accordance with the provisions of the city of Sultan comprehensive plan, zoning code, and land division code.
B. Reapplication. If an application for a permit under the zoning code is denied, the applicant may not submit another such application for development of the same property sooner than 120 calendar days after the date of such denial.
C. Permit Commencement and Expiration. Any development approved pursuant to the zoning code shall be commenced, performed, and completed in compliance with the provisions and conditions of the permits for such development stipulated by the community development director, hearing examiner, or city council.
Any development approved by a permit under the zoning code shall be commenced within 36 months from the date such permit is issued. Failure to complete substantial development within such period shall cause the permit to lapse and render it null and void. The community development director may administratively authorize a one-time extension. For purposes of this section, a permit shall be considered issued on the date it is signed by the community development director or hearing examiner.
D. Extensions. An application or an extension shall make written request for the extension a minimum of 30 calendar days prior to expiration of the development permit. The community development director shall in consideration of granting an extension find:
1. There have been substantial changes in the laws governing the development of the site, with which lack of compliance would be contrary to the public health, safety and welfare; or
2. The applicant has pursued development diligently, as evidenced by progress on final surveying, engineering, construction or the financial security of improvements; or
3. There have been substantial changes in economic conditions and market forces that have substantively limited the ability of the applicant to pursue completing the site development.
E. Evidence of Ownership or Legal Interest. Upon filing an application, the applicant shall be required to show evidence in writing of his or her legal interest in and the right to perform development upon all property on which work would be performed if the application is approved, including submission of all relevant legal documents. Where the applicant is not the owner of the property, the owner must co-sign the application before it will be accepted for filing. The applicant shall have the burden of demonstrating to the satisfaction of the community development director the current validity of the legal interest upon which he or she bases any part of the application before such application can be deemed to be complete. (Ord. 1367-22 § 2 (Exh. A); Ord. 1347-21 § 33; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.040 When a permit is not required or may be waived.
A. Notwithstanding any provision in the zoning code to the contrary, no minor development permit shall be required pursuant to the zoning code for activities related to the repair or maintenance of an object or facility, where such activities shall not result in an addition to or enlargement or expansion of such object or facility. However, this does not preclude the requirement for a building permit or other development permit for such activity.
B. Where immediate action by a person is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster or serious accident, or in other cases of emergency, the requirement of obtaining a development permit prior to initiating such action under this section may be waived by the community development director or other authorized city official. The applicant shall notify the community development director in writing of the type and location of the work, the length of time necessary to complete the work, and the name of the person or public agency conducting the work. This shall be done within 30 days following the disaster, accident, or other emergency. However, this shall not preclude the requirement for building permits or other development permits for such activity. (Ord. 1367-22 § 2 (Exh. A); Ord. 1347-21 § 34; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.050 Application for development permits.
All applications for development permits under the zoning code shall contain at least the following information; provided, however, that the applicant may request a waiver of any of the following requirements. Unless the applicant can prove to the satisfaction of the community development staff that a waiver is appropriate, he or she shall supply the following information:
A. Four copies of a site plan, one of which shall be a mylar reproducible of the property to a scale of 100 feet to one inch, prepared by a registered engineer, architect or land surveyor illustrating the proposed development of the property and including, but not limited to, the following:
1. Topographical features showing present grades and any proposed grades if present grades are to be altered. Unless otherwise required by the community development director or public works director, contours at an interval not greater than five feet shall be shown;
2. Property boundary lines and dimensions including any platted lot lines within the subject property of the development permit;
3. Location and dimensions of all existing and proposed buildings, including height in stories and feet and including total square feet of ground area coverage;
4. Location and dimensions of all existing and proposed driveways and entrances, minimum yard dimensions, and, where relevant, relation of yard dimensions to the height of any side of any building or structure;
5. Location and dimensions of parking stalls, access aisles, and total area of lot coverage of all parking areas and driveways;
6. Location and dimension, including height clearance, of all off-street loading areas;
7. Location, designation and total area of all usable open space, including use of any paved areas as distinguished from grass, sodded, or other landscaped areas;
8. Location and height of fences, walls (including retaining walls), or screen planting, and the type or kind of building materials or planting proposed to be used;
9. Proposed surface stormwater drainage treatment facilities;
10. Location of easements or other rights-of-way; and
11. Location and designation of any open storage space.
B. Four copies of a location map at a scale of 200 feet to one inch showing, at a minimum, the uses of all property within 200 feet of the subject property, including the following:
1. All streets, alleys or other public rights-of-way, public parks and places and all lots and lot lines, drainage ways, waterways, and easements;
2. All structures and the principal use of each structure, including the type of residential, commercial, or industrial use; and
3. All off-street parking and loading areas as may be significant to the application in question.
C. The following shall be submitted, if required:
1. Original signed environmental (SEPA) checklist;
2. Critical areas study;
3. Traffic impact analysis;
4. Geotechnical report/soils report;
5. Stormwater drainage report;
6. Title report, not more than 30 days old at time of submittal;
7. Landscape plan (includes lighting).
D. Any other information as may be required by the community development director to determine that the application is in compliance with the zoning code shall be furnished, including but not limited to wetlands, aquifer or groundwater recharge zones, floodplains, elevations, profiles, perspectives, sign placement, vegetation, landscaping, or any other material necessary for a complete understanding of the application.
E. A statement in writing signed by the applicant stating that the information as shown on the plans, maps, and application is true and correct. Any failure to comply with the provisions of this section shall be good cause to deny the application and/or to revoke any permit which may have been issued for any building or use of land. (Ord. 1367-22 § 2 (Exh. A); Ord. 1347-21 § 35; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.060 Regulations.
The community development director shall, in the manner required by law and after public hearings, adopt such rules and regulations pertaining to the issuance of permits as it deems necessary. The community development director may thereafter, in the manner required by law, and from time to time, after public hearings, modify or adopt additional rules and regulations as deemed necessary to carry out the provisions of the zoning code; provided, any such rules and regulations issued pursuant to this code may be amended or repealed by the city council in accordance with the appropriate provisions of the Sultan Municipal Code. Such regulations shall include but are not limited to the following:
A. Procedures for the submission, review and approval or denial of permit applications, and the form of application for permits. The community development director shall devise a temporary application form that shall be used upon enactment of the zoning code until such time as rules and regulations are adopted;
B. Information to be required in the application, including, without limitation, proof of legal interest in the property, authority to sign the application, drawings, maps, data, and charts concerning land and uses and areas in the vicinity of the proposed development, and appropriate supplementary data reasonably required to describe and evaluate the proposed development and to determine whether the proposed development complies with statutory criteria under which it might be approved;
C. The payment of reasonable application, processing, permit and other fees necessary for the proper administration of the permitting process;
D. Standards, in addition to those set out in this code, for determining whether a project requires a major project permit;
E. Requirements for the conduct and continuance of public hearings and the methods of providing public notice on major project permits. A public notice shall, at a minimum, state the nature and location of the proposed development, the time and place of the public hearing, the date of the public hearing (which shall be, in any event, at least 10 working days following the date that the hearing was first advertised), and shall be advertised in a newspaper of general circulation, and, in addition, be given to the applicant, any person who requests such notification in writing, any person who the community development director determines would be affected by or interested in such development, and the owner(s) of any/all lot(s) within 300 feet of the site of the proposed development. Additionally, a sign shall be posted on the property at least 10 working days prior to the date of the public hearing by the community development director at a location that can be easily seen by the general public indicating the date, time, and location of the public hearing and the purpose for which the hearing is being held;
F. Contents of permits;
G. Notifications of decisions on applications;
H. Notices of completion and certificates of acknowledgment of compliance;
I. Modification and revocation of permits; and
J. Transfer or assignment of permits. (Ord. 1367-22 § 2 (Exh. A); Ord. 1347-21 § 36; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.070 Criteria for approval of an application and issuance of a permit.
A. Approval Criteria. A development permit under the zoning code shall be granted by the community development director or the hearing examiner; provided, based upon substantial evidence in the record, it is found that the development complies with each of the following criteria:
1. The development is consistent with the goals, policies, requirements, and performance standards of this zoning code and other applicable laws and regulations;
2. The development project as proposed incorporates, to the maximum extent feasible, mitigation measures to substantially lessen or eliminate all adverse environmental impacts of the development; and
3. The applicant has presented certification that the applicant has filed and paid all taxes, penalties and interest, and that the applicant has satisfactorily made agreement to pay the taxes.
B. Applicant Assurances. The issuance of a land use development permit shall also require that the applicant agree in writing to:
1. Comply with and perform to all conditions of approval; and
2. Carry out minimum improvements in accordance with the provisions of this zoning code and all standards of this title.
C. Improvement Guarantees. Contemporaneous with the issuance of a permit, or upon approval of a plat, subdivision or other approval to divide land, to ensure the applicant’s compliance with subsection (B) of this section and to guarantee future compliance and performance, the applicant shall:
1. Comply with all conditions of approval and carry out all minimum improvements as required by the city engineer;
2. If acceptable or required by the city engineer, furnish the city with a bond or other security sufficient to secure the estimated cost of construction and installation of all required road and other improvements to the satisfaction of the city engineer and/or council and compliance with the conditions of approval. The amount and time limitation of any bond or other device shall be determined by the council within 30 days of permit issuance or approval. The principal shall complete construction and installation of all improvements and comply with all conditions of approval by the date stated in the security, and in the event that such does not occur, the full amount of the security shall be forfeited to the city. The council may forfeit all or any portion of the security before its expiration date, if the applicant is not making reasonable efforts to complete the work within the term of the security;
3. Furnish a maintenance bond or other security satisfactory to the council securing to the city the successful operation of the improvements and any mitigation as required by the conditions of approval for an appropriate period of time up to two years after completion of improvements, or final plat approval, as the case may be. Upon expiration of the stated period and successful performance of the improvements and mitigation, this maintenance bond shall be released and exonerated.
D. Surety Requirement. Any bond as provided herein shall be assured by two or more sureties acceptable to the city engineer or with a surety company as surety. The city is empowered to enforce such bonds by all appropriate legal and equitable remedies. (Ord. 1367-22 § 2 (Exh. A); Ord. 1347-21 § 37; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.080 Occupancy permit.
A. No land area shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until an occupancy permit has been issued by the community development director or his/her designee, stating that the premises, building, or other development complies with all provisions of this code; except that in the case of an alteration that does not require vacating the premises or where parts of the premises are finished and ready for occupancy before the completion of the alteration or, in the case of a new structure, before its completion, a conditional occupancy permit may be issued.
B. No change or extension of use or no alteration shall be made in a nonconforming use of a building or land or water area without a building permit having first been issued by the community development director or his/her designee that such change, extension or alteration is in conformity with the provisions of this code.
C. As-Built Plan Submittals. After completion of all required improvements and prior to final acceptance of said improvements, the subdivider shall submit:
1. To the city as-built drawings reflecting any changes to previously approved construction drawings. No changes in improvements may be made without prior approval of the city council;
2. To the utility superintendent and fire department, two copies of the plat and drawings showing the actual location of all mains, hydrants, valves and other fire improvements;
3. A statement sworn to by the subdivider and his registered engineer that the drawings show the actual location of the improvements required to be shown therein. No occupancy permit shall be issued until any and all required as-built plans have been submitted and approved by the director of community development.
D. Within 10 days from the date that an applicant requests, in writing, that an occupancy permit be issued on his/her development project, the community development director shall render a decision as to whether or not said occupancy permit is to be issued. If the decision is not to issue the occupancy permit, the community development director shall so notify the applicant including the reasons for denial of the permit. If no occupancy permit has been issued within 10 working days of the written request thereof and the community development director has not informed the applicant of approval or denial in writing, it shall be deemed that the community development director approves the request and the applicant may legally occupy the premises. (Ord. 1367-22 § 2 (Exh. A); Ord. 1347-21 § 38; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.090 Appeals of development permit decisions.
Repealed by Ord. 1367-22. (Ord. 1347-21 § 39; Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))
16.80.100 Calculation of time – Delivery – Notice to parties – Filing with the board of adjustment and the city.
A. Whenever this title states that an action or notice must be given in a certain number of calendar days, if the last calendar day for the action or notice is a weekend day or a federally recognized holiday, then the last calendar day shall be construed to include the first working day after the weekend or holiday; and the deadline shall be 5:00 p.m. current local time of that first working day.
B. Whenever this title states that an action or notice must be given “within” a period of time from a decision, action or notice, the first calendar day for the counting of the calendar days shall be as follows:
1. If the number of days involved is less than 15 calendar days, the first day shall be:
a. If the notice or decision is personally served on the party, then the day after service; and
b. If the notice or decision is mailed, then the third day after the date the notice or decision is deposited into the United States mail properly addressed with required postage;
2. If the number of days involved is 15 calendar days or more, the first day shall be:
a. If the notice or decision is personally served on the party, the day after service; and
b. If the notice or decision is mailed, then the day after the notice or decision is deposited into the United States mail properly addressed with required postage.
C. Each decision or notice shall contain a statement concerning rights to contest or appeal the decision or notice and among other information the statement shall state the date of the notice or decision; the date the appeal, contest or appeal period is expected to begin; the last date and time to file an appeal or notice; when the party to whom the notice must go is open for business; and the location to file an appeal or notice.
D. In the event the statement specified in subsection (C) of this section contains an error, the party relying on the statement shall be entitled to the longer time. Therefore, if the “last date” in the statement is earlier than the time as calculated under this section, the party shall be entitled to the time provided by this section. But if the “last date” in the statement is later than the date that would be calculated under this section, the party shall be entitled to, and the actual time shall be extended to, the date and time set out in the statement; provided, however, that if the error is in the statement of the year, the correct year shall apply.
E. Whenever this title states that something must be filed with the board of adjustment, filing shall be accomplished by filing with the clerk/treasurer of the city. The date of filing shall be the date of actual delivery to, or receipt of mail by, the city clerk/treasurer. (Ord. 1367-22 § 2 (Exh. A); Ord. 1263-17 § 4 (Exh. D); Ord. 1244-16 § 3 (Exh. A))