Chapter 14.10
GENERAL PROVISIONS
Sections:
14.10.050 General notice requirements.
14.10.060 Determination of a substantially different proposal.
14.10.070 Expiration of approvals.
14.10.010 Intent.
A. The purpose of this title is to combine and consolidate the application, review, and approval processes for land use in the city of Tumwater in a manner that is clear, concise, and understandable. It is further intended to comply with state guidelines for expediting development review and integrating environmental review and land use regulations.
B. Fundamental land use planning choices made in the city’s comprehensive plan and development regulations shall serve as the foundation for land use permit review. The review of a proposed project’s consistency with applicable development regulations, or, in the absence of applicable regulations, the city’s adopted comprehensive plan, shall be incorporated into the determinations made in this title.
C. These procedures provide for an effective processing and review of land use permit applications consistent with Chapter 36.70B RCW.
D. This title is applied in conjunction with TMC Chapter 2.58, Hearing Examiner; TMC Title 15, Buildings and Construction; TMC Title 16, Environment; TMC Title 17, Land Division; TMC Title 18, Zoning; the city’s shoreline master program; and other applicable codes and standards.
E. Unless another department or agency is the primary agency in a permit process, the director of the community development department shall administer the provisions hereof and may adopt such rules as will assist in administering these provisions.
F. Notwithstanding the city’s authority to issue land use permit approvals within the period established by this title, the city should strive to process land use permits in a timely manner. Provided, however, permit processing should not be conducted so as to adversely affect the public’s right to provide appropriate input to the process and exercise appeal rights.
(Ord. O2024-005, Added, 12/03/2024)
14.10.020 Definitions.
A. “City” means the city of Tumwater, Washington.
B. “Closed record appeal” means an administrative appeal on the record to a city body or officer, or another agency if they have approval authority, following an open record hearing on a land use permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
C. “Days” means calendar days, including weekends and holidays.
D. “Department” means the community development department.
E. “Determination of completeness” means a written determination by the director that a land use permit application is procedurally complete, and all required elements of an application have been received by the department. This determination initiates the statutory review period for the application, if any, and subject to certain exceptions, entitles the applicant to have the application considered and reviewed pursuant to the laws, regulations, and standards in effect on the date the application was complete.
F. “Development guide” means the Tumwater development guide pursuant to TMC 15.02.010 or as subsequently amended.
G. “Development review committee” means a group of development review staff from city departments assigned by the director to conduct preapplication conferences and review land use permit applications.
H. “Director” means the director of the community development department of the city, or their designee, unless another department or agency oversees the proposed land use action in which case it refers to the chief administrative officer of that department or agency. The director, or their designee, shall serve as the city’s designated permit coordinator.
I. “Feasibility review” means an optional preapplication conference between a prospective applicant or development proponent and the development review committee to provide limited information on applicable development and site requirements as a precursor to a preapplication conference.
J. “Land use permit” means any land use or environmental permit or license required from the city for a land use action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adoption or amendment of the comprehensive plan, a subarea plan, or development regulations. A land use action also includes any proposal for the development of any new commercial, industrial, institutional, or multifamily (five units or more) structure or addition or modification to a commercial, industrial, institutional, or multifamily structure or change in occupancy of such an existing structure that changes utility requirements, parking requirements or necessitates additional site improvements.
K. “Open record hearing” means a hearing, conducted by the city hearing examiner, or another body identified in TMC Table 14.12.020(A), that creates the record through testimony and submission of evidence and information. An open record hearing may be held prior to a decision on a land use permit to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing was held on the land use permit.
L. “Planned action” means one or more types of land use actions that are designated planned actions by city ordinance or resolution as more particularly outlined in TMC 14.16.030(B).
M. “Preapplication conference” means a meeting between an applicant and the development review committee usually held after a “feasibility review,” but prior to submission of a land use permit application designed to evaluate developing application submittal documents, to answer questions and provide procedural information to prospective applicants, and to guide applicants with preparation of a land use permit application submittal.
(Ord. O2024-005, Added, 12/03/2024)
14.10.030 Applicability.
A. By adopting this title, the city has consolidated land use permit application and review procedures to integrate land use permit and environmental review processes to avoid duplication.
B. Approval of a land use permit application must be completed, and all appeal periods terminated, prior to application for a building or any other construction permit.
1. The applicant shall construct and develop projects that have been reviewed as land use permit applications in compliance with the approved site plan and conditions attached thereto.
2. In limited circumstances, the director may allow by a written decision for building and other construction permits to be submitted for review prior to the completion of all land use permit application approvals and appeals. Such a decision shall be subject to the applicant assuming responsibility if changes to the building or construction permit application are required to meet the subsequent land use permit application approval or appeal resolution.
C. A land use permit approval under this title is required for the following actions:
1. A change of use of land, variance, planned unit development, site plan review, application of citywide design guidelines, or other land use permit approvals in TMC Title 18, Zoning, aside from those approvals excluded in subsection D of this section, including:
a. Any addition that results in a substantial revision to the approved site plan or land use permit application as defined in TMC 14.10.060;
b. Any new nonresidential use of land; and
c. The location or construction of any nonresidential building or any project which contains five or more dwelling units;
2. Environmental permit approvals pursuant to TMC Title 16, Environment;
3. Land division approvals pursuant to TMC Title 17, Land Division;
4. Shoreline approvals pursuant to the city’s shoreline master program; and
5. Site-specific rezones that do not require a comprehensive plan amendment pursuant to TMC Chapter 18.60.
D. The following approvals are not subject to the review and approval procedures in this title:
1. Building and construction approvals pursuant to TMC Title 15, Buildings and Construction;
2. Floodplain development permits pursuant to TMC Chapter 18.38;
3. Text amendments to the municipal code, general area rezones, site-specific rezones that require a comprehensive plan amendment, and comprehensive plan text or map amendments pursuant to TMC Chapter 18.60; and
4. Any other approvals not listed in subsection C of this section.
(Ord. O2024-005, Added, 12/03/2024)
14.10.040 Time limits.
A. Except as otherwise provided in this title, the director shall issue a notice of final decision or approve a land use permit application within the number of days established by TMC Table 14.12.030 after notifying the applicant that such an application is complete, as provided in TMC 14.14.040.
B. In determining the number of days that have elapsed after the director has established that a land use permit application is complete, the following periods shall be excluded:
1. Any period after an applicant informs the city in writing that they would like to temporarily suspend review of the land use permit application until the time that the applicant notifies the city in writing that they would like to resume the review of the application.
a. The city may set a time limit and conditions for the temporary suspension of a land use permit application.
b. If an applicant informs the city in writing that the applicant would like to temporarily suspend the review of the land use action for more than sixty days, an additional thirty days shall be added to the time periods for the city to take action to issue a final decision for each type of land use permit subject to this title;
2. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information.
a. This period shall be calculated from the date the director notifies the applicant of the need for additional information until the earlier of the date the director determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided.
b. If the director determines that the information submitted by the applicant is insufficient under TMC 14.14.040(A)(2), the director shall notify the applicant of the deficiencies and the procedures under TMC 14.14.040(F) shall apply as if a new request for studies had been made.
c. If an applicant is not responsive for more than sixty consecutive days after the director has notified the applicant in writing that additional information is required to further process the land use permit application, an additional thirty days shall be added to the time periods for the city to take action to issue a final decision for each type of land use permit subject to this chapter.
d. A land use permit application shall expire if an applicant does not respond in writing to a request for additional information within ninety days.
e. Any written notice from the director to the applicant that additional information is required to further process the land use permit application must include a notice that nonresponsiveness for sixty consecutive days may result in thirty days being added to the time for review and that such an application will expire pursuant to subsection (B)(2)(d) of this section.
f. For the purposes of this subsection, not being responsive means that an applicant is not making demonstrable progress on providing additional requested information to the city, or that there is no ongoing written communication from the applicant to the city on the applicant’s ability or willingness to provide additional requested information;
3. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW;
4. Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired; and
5. Any extension of time mutually agreed upon in writing by the applicant and the director.
C. The time limits established by TMC Table 14.12.030 do not apply if a land use permit application:
1. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or
2. Is substantially revised by the applicant as determined by the process in TMC 14.10.060, in which case the time period shall start from the date at which the revised land use permit application is determined to be complete under TMC 14.14.040.
D. If Review Time Limits Are not Met.
1. If the director is unable to issue their final decision within the time limits provided for in TMC Table 14.12.030, as extended as allowed by TMC 14.10.070, the director shall refund a portion of the land use permit application fee to the applicant.
2. The portion of the fee refunded for the city missing time periods shall be:
a. Ten percent if the final decision of the land use permit application was made after the applicable time limit in TMC Table 14.12.030 but the period from the end of the time limit to the time of issuance of the final decision does not exceed twenty percent of the original time limit; or
b. Twenty percent if the end of the applicable time limit in TMC Table 14.12.030 to the time of the issuance of the final decision exceeded twenty percent of the original time period.
E. Regardless of whether any period is a minimum or maximum, when any land use permit review, notice, or decision time limit of this title terminates on a weekend or city holiday, such time limit automatically extends to the first following non-holiday weekday.
(Ord. O2024-005, Added, 12/03/2024)
14.10.050 General notice requirements.
A. Notices that are required by this title should be distributed as follows:
1. Publication in the official newspaper if one has been designated or a newspaper of general circulation in the city;
2. Mailing to all owners of property as listed on the records of the Thurston County assessor within three hundred feet of the boundaries of property which is the subject of the meeting, hearing, or pending land use action. The director may extend notification beyond three hundred feet in cases where the director has determined the area notified does not provide adequate notice to neighbors affected by the pending action. Addressed, prestamped envelopes shall be provided by the applicant;
3. Posting at least one notice on the subject property by the applicant in accordance with specifications provided by the department; and
4. Whenever practical, the director may utilize additional forms of notice.
B. Content of Notice. The public notice shall include:
1. The address, location, and a vicinity map or sketch of the property which is the subject of the land use permit application;
2. The date, time, location, and purpose of the meeting or hearing;
3. A general description of the proposed project or land use action to be taken; and
4. A place where further information about the meeting or hearing may be obtained.
C. Public notices shall be written in a form and use words easily understood by the public. Any technical terms or complex legal phrases should either be avoided or restated in commonly understood language.
D. All notices shall specify the first and last date and time by which written public comment may be submitted.
E. All notices are deemed to have been provided or received on the date the notice is deposited in the mail, sent electronically, or personally delivered, whichever occurs first.
F. Optional Public Notice. In addition to required public notice, the city may provide notice to other individuals or organizations interested in or possibly affected by the proposal.
G. Failure to provide public notice as described in this title is not grounds for invalidation of a decision on a land use permit.
(Ord. O2024-005, Added, 12/03/2024)
14.10.060 Determination of a substantially different proposal.
A. If the director determines that the content of a land use permit application has been 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 determine that the revised proposal is a new land use permit application.
B. In reaching a determination whether a revision is so substantial as to constitute a new land use permit application, the director shall consider:
1. The relative and absolute magnitude of the revision;
2. The environmental sensitivity of the site; and
3. Any changes in location of significant elements of the proposed project and their relation to public facilities, surrounding lands and land uses, and the stage of review of the proposal.
C. Lesser revisions that would not constitute substantial revisions during preliminary 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.
D. The director shall provide a written notice of the determination that the revision is so substantial as to constitute a new land use permit application to the applicant and all parties of record.
E. The director’s determination that a revision is so substantial as to constitute a new land use permit application shall result in the time periods set forth in TMC Table 14.12.030 to restart from the date when such a revised application is determined to be complete.
F. The revised land use permit application is subject to all laws, regulations, and standards in effect on the date of receipt of such a revised application.
(Ord. O2024-005, Added, 12/03/2024)
14.10.070 Expiration of approvals.
A. An applicant is responsible for knowing the expiration date of any land use permit approval as the city is not responsible for notifying an applicant of expirations.
B. Land Use Permit Approval.
1. Except as noted elsewhere in this section, land use permit approvals shall be valid for a period of eighteen months.
a. A land use permit approval expires and is null and void eighteen months from the date the final approval was issued unless complete applications for necessary building and construction permits have been submitted or a different time limitation is established by this section.
b. A specific land use permit approval time period, as deemed necessary by the nature of the proposed project or the other permits required by the proposed project, may be imposed by the director as a condition of the initial land use permit approval.
c. A land use permit approval may be extended an additional six months if complete building and construction permit applications for the proposed project are submitted prior to expiration of the land use permit approval.
d. Even absent such building and construction permit applications, upon finding that there has been no substantial change in relevant circumstances and standards, land use permit approval may be extended up to one additional year by the director pursuant to a written request submitted prior to the expiration of land use permit approval.
i. The director may grant, limit, or deny the extension and may impose such conditions of extension to ensure compliance with any subsequently revised standards.
ii. If such a written request for extension is not received by the department prior to expiration, the director shall deny such extension.
2. If there are multiple land use permit approvals for a project with conflicting approval periods, the longest approval period shall be followed.
C. Land Divisions.
1. Preliminary Plats. The duration of preliminary plat approvals is found in TMC 17.14.080.
2. Final Plats. The time limit for filing an approved final land division is found in TMC 17.24.100.
D. Conditional Use Permits. Time limitations for conditional use permit approvals are found in TMC 18.56.070.
E. Planned Unit Developments. Time limitations for planned unit development approvals are found in TMC 18.36.170.
F. Site Plan Reviews. Time limitations for site review approvals are found in TMC 18.55.070.
G. Design review approvals expire simultaneously with expiration of any associated land use, building, or other construction permit or approval.
H. Variances and Reasonable Use Exceptions. Unless utilized, a variance or reasonable use exception expires eighteen months from the date a final decision is issued.
I. United States Fish and Wildlife Service Incidental Take Permits.
1. For land use permit approvals issued by the city which are affected by the United States Fish and Wildlife Service’s requirement for an incidental take permit, the director may issue time extensions in one year increments until an areawide or individual habitat conservation plan is approved by the U.S. Fish and Wildlife Service.
2. In no case shall time extensions for incidental take permits exceed three years.
3. During such extensions granted pursuant to this subsection, approvals shall continue to be subject to the conditions of approval and vested rights that applied to the approval prior to the extension, except for storm drainage standards, design standards, and building and fire codes, unless the incidental take permit would significantly alter the approval.
(Ord. O2024-005, Added, 12/03/2024)
14.10.080 Other provisions.
A. Land Use Code Interpretations.
1. Purpose and Applicability.
a. The purpose of this section is to establish the procedure for interpreting provisions of city land use codes to clarify conflicting or ambiguous wording.
b. The director is authorized to make written interpretations of the provisions of the following titles of the Tumwater Municipal Code:
i. This title, Development Code Administration;
ii. TMC Title 16, Environment;
iii. TMC Title 17, Land Division;
iv. TMC Title 18, Zoning; and
v. Shoreline Management Program.
c. Issuance of an interpretation of the provisions of the codes cited in subsection (A)(1)(b) of this section shall not amend the code.
2. Interpretation Requests.
a. Requests may be made by an applicant prior to the submission of a land use permit application.
i. A written request on a form provided by the department shall be submitted that specifies each provision of the code in subsection (A)(1)(b) of this section for which an interpretation is requested.
ii. The written request shall specify why an interpretation of each provision is necessary and any reasons or materials in support of the proposed interpretation.
b. Code interpretations after a land use permit application has been submitted shall be made as part of the applicable land use permitting process pursuant to this title, Development Code Administration.
3. Procedure.
a. The director shall evaluate the request and determine whether the request is justified or not;
b. If the director determines that the request is justified, the request shall be:
i. Processed as a Type I land use permit application type decision; or
ii. Consolidated with the process associated with a preapplication conference.
c. The director shall consult with the State Department of Ecology regarding any interpretation of the shoreline management program.
4. Factors for Consideration. In making an interpretation of the provisions of the land use code, the director shall consider the following criteria:
a. The applicable provisions of the land use code including their purpose and context;
b. The impact of the interpretation on other provisions of the code;
c. The implications of the interpretation for development within the city as a whole; and
d. The applicable provisions of the comprehensive plan and other relevant codes and policies.
5. Issuance of Interpretation.
a. The director shall issue a written interpretation within thirty days of the department’s receipt of the interpretation request.
b. Issuance of the interpretation shall include notification of the person making the request and publication of the interpretation on the city’s website.
c. Issued interpretations are not project approvals.
6. Appeals.
a. The applicant may file an appeal of an issued interpretation.
b. The appeal shall follow all rules and procedures for appeals of Type I land use permit applications to the hearing examiner as set forth in this title, Development Code Administration.
B. Dedication, Improvements, and Performance Bonds. As a condition of land use permit approval, the city may require an applicant to dedicate property, construct public improvements, or furnish performance bonds to the city to secure an obligation to complete the provisions and conditions of the land use permit as approved.
C. Building and Construction Permits. The city shall not issue any building permit for the construction, alteration, or relocation of any building, structure, or part thereof or construction permit for the construction of any site improvements unless the plans, specifications, and intended use of such building or structure and site conform in all respects to the final land use permit approval(s) required by this title.
D. Fees. Land use permit application fees are established by city council resolution.
E. Vesting. Land use permit approvals vest according to TMC Chapter 15.44 and other applicable state and federal laws.
F. Conflicts. In the event of conflicts between the procedural requirements of this title and other development regulations of the city, the provisions of this title shall control.
(Ord. O2024-005, Added, 12/03/2024)