Aberdeen City Zoning Code
Division II
Procedures
17.20.010 Purpose.
A. To establish standard procedures for review of development permit applications and appeals.
B. To promote timely and informed public participation, eliminate redundancy in the process, minimize delay and expense, and result in approvals that further the goals and policies of the Aberdeen comprehensive plan.
These procedures are intended to be consistent with the provisions of Chapter 36.70B RCW and integrate the land use permit process with the environmental review process.
17.20.020 Applicability.
A. This chapter applies to all applications and all development permits issued per Titles 14, 15, 16, and this title.
B. Exemptions. Consistent with RCW 36.70B.140, the following permits are exempt from the procedural requirements of this chapter:
1. Sidewalk use permits.
2. Development agreements.
3. Final approval of short subdivisions and subdivisions.
4. Landmark designations and street vacations.
17.20.030 Types of review.
A. Decisions on applications are governed by several types of review processes, described and distinguished in this section. The types of review are generally organized in ascending order of significance, amount of public process, and level of discretion exercised by the decision-maker.
B. The director shall determine the proper review type for all permit applications. If there is a question as to the required type of process, the director shall resolve it in favor of the higher type number.
C. Table 17.20.030 identifies the types of review for all applications, and describes the process for each type of review.
1. The types of applications that are subject to each type of review are listed in the column immediately beneath the heading for each type.
2. The processes required for each type of review are further described by the remainder of the column beneath the heading for each type.
3. The remainder of this chapter describes the required processes for each type of review.
Table 17.20.030. Review Classification and Process Matrix
Types of Review | Type 1 Administrative Ministerial Actions | Type 2 Administrative Decisions | Type 3 Hearing Examiner Decisions | Type 4 City Council Decisions |
|---|---|---|---|---|
Types of applications | • Accessory dwelling units • Boundary line adjustments • Building, mechanical and plumbing permits (including sign permits) • Site plan review • Site development permits (clearing and grading permits, stormwater) • Extension of time for approval • Fence permits (building and/or ROW permits) • Shoreline exemptions • Critical area review (buffer averaging, etc.) • Verification of abandonment • Home occupation permits | • Variances • Binding site plans, less than 10 lots • Preliminary short subdivisions • SEPA threshold determinations • Stormwater Management Manual exceptions • Zone boundary determination | • Administrative challenges to variances • Conditional uses • Challenges to zoning interpretation • Critical area hearings (mitigation plans, disturbing wetland disturbance, etc.) • Shoreline conditional use and variance permits • Shoreline substantial development permits (SSDP) for projects • Public hearings generally • Site-specific rezones authorized by the comprehensive plan • Preliminary long subdivisions • Essential public facilities, types 1 and 2 • Rezones • Subdivisions • Special/conditional use and reasonable use permits per Chapter 17.33 | • Comprehensive plan • Zoning code ordinances |
Preapplication conference | At discretion of director | At discretion of director | Yes | Yes |
Notice of application | No | Yes, except for home occupations, SEPA thresholds and stormwater | Yes | No |
Comment period | None | 14 days | 21 days | N/A |
Recommendation by | None | None | Director | Planning commission and HE |
Predecision open-record public hearing | No | No | Yes, before hearing examiner | Yes for ordinances only |
Closed-record decision hearing | No | No | No | No |
Decision by | Director | Director | Hearing examiner | City council |
Notice of decision | No | Yes | Yes | Yes |
Local appeal available to | Hearing examiner | Hearing examiner | City council and superior court | None |
Appeal hearing type | Open-record | Open-record | Closed-record | N/A |
17.20.040 Consolidated review.
A. Optional Consolidated Application Processing. All projects that involve two (2) or more application processes may, at the applicant’s written request, be processed collectively under the highest numbered type procedure required for any part of the application or may be processed individually under each of the review procedures. If the application is processed under the individual procedures option, the highest numbered type procedure shall be processed prior to the subsequent lower numbered procedure.
B. Integration of Environmental Review. An application for a development permit that is subject to the State Environmental Policy Act (SEPA) shall be reviewed per Chapter 14.24, SEPA and Agency Decisions, concurrently with review of the development permit application except where exempted by that chapter.
C. Per RCW 36.70B.050, review of an application is allowed only one (1) open record hearing and one (1) closed record appeal hearing.
D. The appeal of a SEPA procedural determination is not subject to this section.
17.20.050 Eligibility for permits.
17.20.060 Lots of record.
A. In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory structures may be erected on any single substandard lot of record at the effective date of adoption of the ordinance codified in this title. Such lot shall have been in separate ownership and not of continuous frontage with other lots in the same ownership continuously since adoption of this title. This provision applies even when such lot does not meet the minimum lot size requirements for the applicable zone; provided, that setback dimensions and other form and intensity requirements of the lot conform to the current regulations for the zone in which such lot is located.
B. Any residential lot or lots, which were used as residential prior to adoption of this title, and have been in continual residential use since adoption of this title, in the flex-industrial zone shall be considered a conforming, permitted residential use within the nonresidential designation. Other form and intensity requirements of the flex-industrial zone apply to such residential lots.
17.20.070 Vesting.
A. An application for a building permit or land division vests at the time a complete application is filed with the department and all application fees are paid, consistent with RCW 19.27.095(1) and 58.17.033(1). Applications for site plans do not vest at the time a complete application is filed.
1. An application is complete on the date a complete application is filed, as subsequently determined in the letter of completeness.
2. An application vested under this section is not subject to laws or regulations that become effective after the date of vesting, except as provided below.
B. This section may not be construed to restrict the city from imposing conditions on development permits pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, Chapter 197-11 WAC, as long as such conditions do not change any of the requirements of the underlying code section pertinent to the particular development permit.
C. This section may not be construed to prevent the city from imposing new regulations necessary to protect the public health and safety, including, but not limited to, the requirements of the building, health, and fire codes, as now adopted or as subsequently amended.
17.20.080 Requirements for public notices.
A. Applicability. This section applies whenever one (1) of the following is required by this chapter:
1. Notice of application.
2. Notice of public hearing.
3. Notice of decision, including any revised notice of decision.
B. Distribution. The department shall timely distribute the notice by:
1. Publishing within a newspaper of general circulation within the city or county.
2. Electronic mail or first-class mail to:
a. The applicant.
b. Any appellant.
c. Any parties of record.
d. Any person requesting such notice.
e. Any agencies with jurisdiction over the application or any agencies that commented on the application.
f. Grays Harbor County if the project is located adjacent to a city boundary.
3. For a notice of application, via first class mail to owners of property within three hundred (300) feet of the subject property, except for variance applications, which go to owners of property within one hundred (100) feet of the subject property.
4. For a notice of decision, to the county assessor.
5. Posting on the city’s website.
6. Posting a notice board on or near the property. The director may establish standards for size, color, layout, design, wording, and placement of the signs and notice boards.
C. Errors. Errors in precise compliance with the rules contained in this section do not require repeating the public notice if the notice was reasonable and adequate.
For public hearings, failure to receive a properly mailed notice shall not affect the validity of any testimony or the legality of any action taken.
17.20.090 Preapplication conference.
A. Purpose. The preapplication conference is intended to:
1. Provide the city and other agency staff with information about the proposed development.
2. Enable staff to advise the applicant of applicable approvals and requirements.
3. Acquaint the applicant with the applicable requirements of the AMC and other laws.
4. Identify issues and concerns in advance of a formal application.
B. When Required.
1. Generally. A preapplication conference is required when shown in Section 17.20.030.
2. Exception. The director may waive the preapplication conference if the proposal has few development-related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property.
C. To schedule a preapplication conference, the applicant shall submit a request on forms provided by the department and pay any applicable fees.
D. The advice the city provides at preapplication meetings is not binding upon the city and does not prevent the city from enforcing all applicable regulations.
17.20.100 Application—Contents and completeness—Revisions.
A. Contents of Applications.
1. Application Requirements.
a. Applications shall be submitted on forms provided by the department.
b. Applications shall be signed by the owners of the property subject to the application, or include the owner’s notarized authorization for the applicant to submit the application.
c. Applications shall include fees, as calculated by the director following the adopted fee schedule.
d. Applications shall include all the information specified in any applicable code section as well as the application checklist provided by the department, if applicable.
2. The applicant shall apply for all permits identified in the preapplication meeting and required by law.
B. Complete Applications.
1. A permit application is complete for the purposes of this section when it meets the requirements of subsection (A) of this section.
2. When the director makes a determination on completeness of an application, the director shall provide to the applicant either:
a. A written determination that the application is complete; or
b. A written determination that the application is incomplete, a request for information necessary to make the application complete, and a notice that the requested information shall be submitted within ninety (90) days.
3. A determination of completeness is not required if the director issues the permit prior to the deadlines in subsection (C) of this section.
4. A determination of completeness does not preclude the director from requesting additional information or studies either at the time of the determination of completeness or later, if the information is required to complete review of the application or substantial changes in the permit application are proposed.
C. Timing.
1. Initial Receipt of Application. Upon initial receipt of an application, the director shall provide the applicant a determination of completeness within twenty-eight (28) days. If the director does not provide a written determination within twenty-eight (28) days, the application is deemed complete at the end of the twenty-eighth day.
2. Receipt of Additional Information. When the applicant submits the requested information, the director shall evaluate the application for completeness within fourteen (14) days. If the director does not provide a written determination within fourteen (14) days, the application is deemed complete at the end of the fourteenth day.
3. Incomplete Applications.
a. The applicant may submit a written request for extension of the deadline to submit the requested information for an additional ninety (90) days. The director may grant up to two (2) such extensions.
b. If the applicant has not provided the requested information by the deadline, the director shall reject and return the application along with any unspent application fees.
D. Revisions to Applications.
1. The applicant may make minor revisions to the application after the determination of completeness and before the closure of an open public hearing.
2. A “minor revision” to an application is one that does not:
a. Involve more than ten (10) percent increase in area or intensity of the use.
b. Increase the number of lots, dwelling units, or density.
c. Decrease the quality or amount of open space.
d. Result in any significant environmental impact not adequately reviewed or mitigated by previous documents.
e. Expand onto property not included in the original proposal.
3. Any revision other than a minor revision requires a new application.
17.20.110 Application—Notice.
A. When Required. A notice of application is required when shown in Section 17.20.030, Types of review.
B. Contents. The notice of application shall include all of the following:
1. The application number.
2. The name of the applicant.
3. The date of application, the date of the notice of completion for the application, and the date of the notice of application.
4. The street address of the subject property or a description of the property in nonlegal terms sufficient to identify the location.
5. A description of the proposed application, a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070.
6. The identification of other permits not included in the application, to the extent known by the city.
7. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed.
8. A statement of the public comment period, which lasts the number of days specified for the application type in Section 17.20.030, Types of review; except all shoreline permits subject to the comment period as outlined in WAC 173-27-110(2)(e), which allows for a thirty (30) day comment period.
9. A statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights.
10. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application.
11. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and consistency.
12. If the city is using the optional DNS process (WAC 197-11-355), additional information will be added to the notice as required by WAC 197-11-355(2).
13. Any other information determined necessary by the city, such as the city’s likely threshold determination, if complete at the time of issuance of the notice of application.
C. Timing.
1. The department shall distribute a notice of application within fourteen (14) days of determination that an application is complete and at least fifteen (15) days prior to any open record hearing.
2. Within seven (7) days after the end of the public comment period, the department shall transmit the applicant a copy of public comments timely received in response to the notice of application together with a statement that the applicant may submit a written response to these comments within seven (7) days from the date the comments are transmitted.
17.20.120 Application—Department review.
A. The department has a duty to review each application for compliance with applicable city codes and to deny, or recommend denial of, or approve, or recommend approval of, an application based on its compliance with applicable city codes.
B. If the department is required to provide a recommendation to the decision-maker or body making a recommendation on an application, the department’s recommendation shall include all of the following:
1. The date of determination of completeness.
2. Identification of city codes relevant to evaluation of the application.
3. A statement of facts necessary for the decision-maker to evaluate the application’s compliance with applicable city codes.
4. The department’s evaluation of whether the application complies with applicable city codes.
5. A description of the public process the application is subject to.
6. A description of any environmental review related to the application.
7. Draft findings of fact for the decision-maker.
8. Any other information that is necessary to make a decision regarding the application.
C. Requirement to Consider Comments.
1. In making its recommendation or decision, the department shall consider written comments, and applicant’s responses, that are timely received.
2. Except for a determination of significance, the department may not issue its SEPA threshold determination or issue a decision or recommendation on the application until the expiration of the public comment period on the notice of application.
17.20.130 Public hearings and meetings.
A. All hearings and meetings conducted as part of processing a permit application shall be conducted consistent with this section.
Table 17.20.130. Types of Hearings and Meetings
Open-Record | Closed-Record Decision | Open-Record Appeal | Closed-Record Appeal | |
|---|---|---|---|---|
Participation | Any interested party | Applicant and any party of record | The applicant, any appellant, and any party of record | The applicant, any appellant |
Facts allowed outside the record | Yes | No | Yes | No |
Standard of review | Compliance with Titles 16, 17, 18, 19 | De novo | Clearly erroneous | Clearly erroneous |
Burden of proof | Applicant | Applicant | Appellant | Appellant |
B. Swearing-In Required. Before testifying, any witness, including city staff, shall be required to declare that they will testify truthfully, by oath or affirmation.
C. Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a specified date and no further notice under this section is required.
17.20.140 Public hearing—Notice.
A. When Required. A notice of public hearing is required for any public hearing held on a permit application pursuant to this chapter.
B. Contents. The public notice shall include all of the following:
1. The application number.
2. Project summary/description of each project permit application.
3. The designation of the hearing body.
4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body.
5. General project location, vicinity, address, and parcel number(s), if applicable.
6. The name of the applicant or applicant’s authorized representative and the name, address and telephone number of a contact person for the applicant, if any.
7. The SEPA threshold determination (if required), or description thereof, will be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period.
8. A statement regarding the appeal process.
9. The date when the staff report will be available and the place and times where it can be reviewed.
C. Timing. The department shall distribute, including by publishing in the city’s official newspaper, a notice of public hearing at least ten (10) days prior to the date of public hearing.
17.20.150 Decision—Timing.
A. Time Limits.
1. The decision-maker may not issue its decision on an application until the expiration of the public comment period on the notice of application.
2. The final decision on an application for a development permit shall be made within the time limits from determination of completeness listed in Table 17.20.150.
Table 17.20.150. Decision Timing
Type of Application | Time Limit |
|---|---|
Preliminary subdivisions and binding site plans (RCW 58.17.140) | 90 days |
Final subdivisions (RCW 58.17.140) | 30 days |
All other development permits (RCW 36.70B.080) | 120 days |
3. The following time periods are excluded from the calculation of the time limits:
a. Any time required to correct plans, perform studies, or provide additional information.
b. Any time during which substantial project revisions are made or requested by an applicant, in which case the one hundred twenty (120) days will be calculated from the time that the city determines the revised application to be complete.
c. Any time required for the preparation and review of an environmental impact statement.
d. Any time required to complete the process for the siting of an essential public facility.
e. Any time required to obtain any necessary variance.
f. Any time required for any administrative appeals.
g. Any time required for any administrative appeal of SEPA threshold determination, if applicable.
h. Any time required for any remand to the hearing body.
i. Any extension of time mutually agreed upon by the city and the applicant.
j. Any specific amount of additional time that the city determines is necessary for the processing of a specific complete project permit application.
4. Extension of Time. If the city is unable to issue its final decision on an application within the time limits provided for in this section, it shall provide written notice to the applicant. The notice shall include a statement of the reasons why the time limits cannot be met and an estimated date for issuance of the notice of decision.
B. Effective Date. The decision is effective on the date stated in the decision, resolution, or ordinance. The date from which appeal periods may be calculated is the date of issuance of the decision.
17.20.160 Decision—Notice.
A. When Required. When a final decision is made that requires a notice of decision per Section 17.20.030 or a decision is made on appeal, the department shall issue a notice of decision.
B. Contents. The notice of decision shall include all of the following:
1. The application number.
2. The name of the applicant.
3. The name of the project.
4. The street address of the subject property or a description of the property in nonlegal terms sufficient to identify the location.
5. A description of the application.
6. The date of final decision on the application.
7. The date the notice of decision was issued.
8. The decision on the application.
9. Any threshold determination made pursuant to Chapter 43.21C RCW.
10. The procedure for appeal and the deadline for filing an appeal.
17.20.170 Appeals.
A. Standing. The following parties have standing to appeal final decisions:
1. The director.
2. The applicant.
3. Any owner of the property subject to the application.
4. Any party of record.
B. Necessary Parties. The following are parties to any appeal:
1. The director.
2. The applicant.
3. Any owner of the property subject to the application.
C. Permissive Joinder. The hearing body may add a party with standing to the appeal, after the appeal deadline has passed, upon the request of the party.
D. Time to File. An appeal is timely only if it is:
1. Filed with the city clerk within fourteen (14) calendar days after written notice of the decision is mailed; and
2. Accompanied by the required appeal fee.
E. Method of Service. Appeals shall be delivered to the city clerk by mail or personal delivery before 5:00 p.m. on the last business day of the appeal period. Appeals received by mail after 5:00 p.m. on the last day of the appeal period will not be accepted, regardless when such appeals were mailed or postmarked.
F. Contents. Appeals shall be submitted on forms provided by the department and contain the following:
1. Appellant’s name, address, and phone number.
2. A description of the appellant’s standing to appeal.
3. Identification of the application or decision that is the subject of the appeal.
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based, with specific references to the facts in the record.
5. The specific relief sought.
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature or the signature of the appellant’s agent, provided such agent’s authorization is in writing and accompanies the appeal.
G. Automatic Stay. Except for administrative appeals of SEPA threshold determinations, the timely filing of an appeal will stay the decision until such time as the appeal is concluded or withdrawn.
H. Procedures. The appellate body may provide in its procedures for a decision on the appeal after a hearing where the parties present argument, or new evidence when allowed by this chapter; or after the parties submit written arguments.
I. Decision on Appeal. The appellate body shall issue a written decision on the appeal supported by written findings and conclusions, and the department shall distribute a revised notice of decision incorporating the decision on appeal.
17.20.180 Remand.
A. In the event that the appellate body determines that the public hearing record is insufficient or otherwise flawed, the appellate body may remand the matter back to the original decision-maker to correct the deficiencies.
1. The appellate body shall specify the items or issues to be considered and the time frame for the additional work.
2. The original public hearing may be re-opened if necessary for the limited purpose of addressing specific questions articulated by the appellate body.
3. Only the parties of record to the open-record hearing, or in the case of an appeal, the parties to the appeal, may participate in the remand.
B. The original decision-maker shall affirm, modify, or reverse its original action based on the revised public record.
17.20.190 Reconsideration.
A. A party to the underlying decision may seek reconsideration only of a final decision by filing a written request alleging specific errors on a form provided by the department within ten (10) days of the date of decision.
B. The decision-maker shall consider the request without public comment or argument by the party filing the request. Reconsideration may be granted only when a material legal error has occurred or a material factual issue has been overlooked that would change the previous decision.
1. If the request is denied, the previous action will become final.
2. If the request is granted, the decision-maker may revise and reissue its decision or may call for argument in accordance with the procedures for closed-record appeals. If the decision is revised and the decision requires a notice of decision, the department shall distribute the revised notice.
17.20.200 Exhaustion of administrative remedies.
A. No further administrative appeals are available when the final appeal shown in Section 17.20.030 has been heard.
B. A request for reconsideration is not required to exhaust administrative remedies.
17.20.210 Departures.
A. Overview and Purpose. This title provides for a number of specific departure opportunities to development standards. The purpose is to provide applicants with the option of proposing alternative design treatments, provided such departures meet the “purpose” of the particular standard and any additional departure criteria established for the particular departure opportunity.
B. Departures Are Voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis, provided they meet the purpose of the standard and applicable departure criteria as noted above.
C. Applicability. Departure opportunities are available only where noted for specific standards.
D. Procedures. Permit applications that include departure requests go through the standard review procedures in this division depending on the application type.
E. Approval Criteria. Project applicants shall successfully demonstrate to the decision-maker how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that applies to the specific standard.
F. Documentation. The decision-maker shall document the reasons for approving all departures (to be maintained with project application records) for the purpose of providing consistency in decision-making by the city. The department shall provide a report on departures, which include departure applications and decisions, at a minimum interval of every two (2) years.
17.21.010 Permit revision.
A. Type of Review. A major revision to an approved permit requires a new application. A minor revision to an approved permit may be approved by the director. The director may condition approval to ensure compliance with this section.
B. Types of Revisions.
1. A major revision is any revision other than a minor revision, or a revision that does not qualify as a minor revision when considered cumulatively with other minor revisions since initial issuance of the permit.
2. A minor revision is a revision that does not:
a. Increase the area of the use by more than ten (10) percent.
b. Increase the intensity of the use in a way that significantly affects the surrounding area in terms of traffic, noise, hours of operation, parking, or other impacts.
c. Increase the number of lots, dwelling units, or density.
d. Decrease the quality or amount of open space.
e. Result in any significant environmental impact not adequately reviewed or mitigated by previous documents.
f. Expand onto property not included in the original proposal.
C. A permit revision shall extend the time for expiration by six (6) months.
17.21.020 Permit expiration.
A. Expiration Schedule. Permits and approvals have the following initial terms until expiration, and may be extended the number of times indicated for the length of extension indicated:
Table 17.21.020. Permit Terms and Extensions
Type of Permit or Approval | Initial Term | Number of Allowed Extensions | Length of Each Extension |
|---|---|---|---|
Boundary line adjustment | 6 months | 0 | N/A |
Building permits | 6 months | N/A | 6 months |
Conditional use permit | 3 years to establish use | 1 | 1 year |
Fence permit | 6 months | N/A | 6 months |
Preliminary plat, short plat, binding site plan | Time to submit final plat is as established in RCW 58.17.140. | 0 | N/A |
Sign permit | 6 months | N/A | 6 months |
Site plan review | 6 months to apply for building permit | N/A | 6 months |
Special use permit | See applicable code section | ||
Variance | 3 years to establish use | 1 | 1 year |
B. Shortening Permit Term. The city may, when issuing a decision, require a shorter expiration period than that indicated in subsection (A) of this section when the nature of the specific development is such that the normal expiration period is unreasonable or would adversely affect the health, safety, or general welfare of people working or residing in the area of the proposal. The decision-maker may adopt time limits as a part of action on shoreline permits, in accordance with WAC 173-27-090.
C. Commencement of Permit Term. The term for a permit will commence on the date of the final decision; except that in the event the decision is appealed, the effective date will be the date of decision on appeal. The term for a shoreline permit will commence on the effective date of the permit as defined in WAC 173-27-090.
D. When Permit Expires.
1. A permit issued under this title will expire if, on the date the permit expires, the project sponsor has not performed the work indicated in Table 17.21.020 or fulfilled the requirements of the applicable permit.
2. Exception. The initial permit term does not include the time during which a permit was not actually pursued by construction because of pending litigation related to the permit or because the applicant was diligently pursuing permits from other agencies necessary for construction.
E. Extension of Land Use Applications. An extension may be granted by the director for one (1) year if the applicant has attempted in good faith to complete the proposed development activity necessary to meet the conditions of approval.