Skip to main content

A. The Director shall determine the proper classification for all project permit applications. Any reference in the Land Use Development Code or other City ordinance to a review process that no longer exists shall be construed to refer to the comparable process in this title. If the Director determines that the choice among appropriate classifications cannot be ascertained from the code and its intent, the Director shall resolve it in favor of the higher classification number.

B. A project that involves two or more land use permits may be processed collectively under the highest numbered classification required for any part of the application or processed individually under each of the classifications identified by the specific City regulation. The applicant may determine whether the application is processed under the individual procedure option. If the application is processed under the individual procedure option, the highest numbered classification must be processed prior to the subsequent lower numbered procedure.

C. The land use development permit application review shall follow the underlying permit review process as described in the Snohomish Municipal Code. Depending on the application, land use development permit application review may be administrative or require a public hearing by a City designated Hearing Examiner, commission, board or the City Council.

D. Permits and approvals shall be classified according to the decision maker and applicable review procedures. In the following table, permit types are organized into five classifications based on the decision authority, the appeal authority, and the review process.

Classification

Permit Type

Decision Authority

Appeal Authority*

Type 1

Building Permit

Code Interpretation

Design Review Determination

Fence Permit

Retaining Wall Permit

Right-of-Way Permit

Sidewalk Use Permit

Sign Permit, Temporary Sign Permit

Utility Connection Permit (Water, Sewer)

Wireless Communications Facilities, Cat. 1

Planning Director

Hearing Examiner

Type 2

Accessory Dwelling Unit

Binding Site Plan

Boundary Line Adjustment

Final Plat

Final Short Plat

Flood Hazard Area Permit

Home Occupation Permit

Minor Variance

Site Civil Permit

Planning Director

Hearing Examiner

Type 3

Site Development Plan

Preliminary Short Plat

Unit Lot Subdivision (4 or Fewer Lots)

Wireless Communications Facilities, Cat. 2, 3

Shoreline Substantial Development Permit*

Planning Director

Hearing Examiner*

Type 4

Conditional Use Permit

Planned Residential Development

Preliminary Plat

Shoreline Conditional Use Permit*

Shoreline Variance*

Unit Lot Subdivision (5 or More Lots)

Variance

Wireless Communications Facilities, Tier 4

Hearing Examiner

Superior Court*

Type 5

Code Amendment

Comprehensive Plan Amendment

Development Agreement

Rezone

City Council

Growth Management Hearings Board

*The appeal authority for Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variances shall be the Washington State Shoreline Hearings Board.

1. Type 1 Decisions. The Type 1 process includes permits and approvals that are based on compliance with specific criteria that is nondiscretionary and clearly defined in the code. These permits have no notice requirements and are reviewed administratively.

2. Type 2 Decisions. The Type 2 process includes permits and approvals that are based on standards and clearly defined criteria. These permits require written documentation and may include conditions for the proposal to reach consistency with applicable requirements. These permits have no notice requirements and are reviewed administratively.

3. Type 3 Decisions. The Type 3 process includes permits and approvals that are based on standards and clearly defined criteria. These permits require written documentation and may include conditions for the proposal to reach consistency with applicable requirements. Public notice is required for these permit types. Approvals are subject to appeal to the Hearing Examiner.

4. Type 4 Decisions. The Type 4 process includes permits and approvals that require an open record public hearing and involve discretionary judgment based on criteria. Public notice is required for these permit types. The Department forwards a staff report with a recommendation regarding the proposal’s consistency with criteria to the Hearing Examiner. Following the open record public hearing, the Hearing Examiner issues a written decision with findings, conclusions, and conditions, if any. These permits are subject to appeal to the Superior Court.

5. Type 5 Decisions. The Type 5 process includes permits and approvals that require a public hearing before the City Council. A public hearing before the Planning Commission is typically held prior to City Council, with the recommendation of the Planning Commission being forwarded to the City Council as well as public testimony and other information provided at the public hearing. Public notice is required for these permit types. The decision is subject to appeal to the Growth Management Hearings Board.

6. Nonpermit Actions. The following actions are not permits for the purpose of this Development Code and do not appear in the permit classification table. These actions shall not be processed as Type 1 through 5 decisions:

a. Minor approvals for use of public properties.

b. Administrative adjustments of impact fee amounts (in-kind mitigation).

c. Minor amendments to permits.

d. Historic District designations.

e. Landscape approvals.

f. Petitions for annexation.

g. Street vacations.

h. Hydrant use permit.

i. Mobile food vendor approvals.

7. Procedures. The following review procedures apply to the permit classifications described above.

Procedure

Type 1

Type 2

Type 3

Type 4

Type 5

Pre-Application

Not required

Not required

Recommended

Required

Required

Determination of Completeness

No

Yes

Yes

Yes

Yes

Notice of Application

No

No

Yes

Yes

Yes

SEPA Review

No

Potential

Potential

Potential

Yes

Design Review

Potential

Potential

Potential

Potential

Potential

Open Record Public Hearing

No

No

No

Yes

Yes

Notice of Decision

No

No

Yes

Yes

Yes

(Ord. 2338, 2017; Ord. 2353, 2018)

Loading…