14.20.020 Permit Classifications.
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)