Anacortes City Zoning Code
Division 2
Procedures
19.22 Concurrency
A. To ensure that transportation improvements or strategies to accommodate the impacts of development are provided concurrent with the development.
B. To ensure that public facilities and services necessary to support development will be adequate to serve the development without decreasing service levels below adopted minimum standards.
19.24 Essential Public Facilities
Editor’s note: Ord. No. 4086 § 2, adopted August 19, 2024, effective September 2, 2024, recodified former chapter 17.75, Essential Public Facilities, as chapter 19.24.
A. This chapter establishes the criteria that the city will use in making a decision upon an application for an EPF other than the Anacortes Airport. The city’s planning director (director) shall develop a list of essential public facilities. These facilities shall meet the definition of essential public facilities under AMC Chapter 19.12. A use or facility may be added to the list of essential public facilities if the use meets the definition of an essential public facility. The list required by this section shall be filed and maintained with the city finance department.
B. This chapter shall serve to establish the process for permitting those uses determined to be EPFs and which satisfy the criteria set forth under AMC 19.24.060. The director shall determine whether a proposed facility shall be reviewed as an EPF and subject to this review process.
19.28 Permit Revision and 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:
…
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.
19.20.010 Policy.
This chapter establishes standard procedures for review of development permit applications and appeals. These procedures are designed 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 Anacortes 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. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)
19.20.020 Applicability.
A. This chapter applies to all applications and all development permits issued per 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.
C. This chapter does not apply to a procedural determination made by the city related to a nonproject action. (Ord. 4096 § 2 (Exh. A), 2025; Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)
19.20.030 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 must determine the proper review type for all permit applications. If there is a question as to the required type of process, the Director must resolve it in favor of the higher type number. A Type 3-PC review is considered a higher level than a Type 3-HE review.
C. Table 19.20.030-1 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 19.20.030-1
Review classification and process matrix.
Types of Review | Type 1 Administrative Ministerial Actions | Type 2 Administrative Decisions | Type 3-HE Hearing Examiner Decisions | Type 3-PC | Type 4 |
|---|---|---|---|---|---|
Types of Applications | • Assessment of impact fees per AMC Chapter 3.93 • Building, mechanical, and plumbing permits • Clearing and grading permits • Critical area letter of exemption • Extension of time for approval • Fence permits • Minor permit revisions • Shoreline exemptions • Sign permits • Site plan review, less than 10 dwelling units, less than 12,000 sq. ft. of nonresidential gross floor area, or less than 20,000 sq. ft. of nonresidential site improvements | • Administrative conditional use permits, including home occupation permits • Binding site plans, less than 10 lots • Critical area permit – Permitted alteration • Level 1 variances • Preliminary short subdivisions • SEPA threshold determinations • Site plan review, 10 or more dwelling units, 12,000 sq. ft. or more of nonresidential gross floor area, or 20,000 sq. ft. or more of nonresidential site improvements • Stormwater Management Manual exceptions | • Critical area variance – Reasonable use exception • Level 2 variances • Zone boundary determination | • Shoreline conditional use and variance permits • Shoreline substantial development permits (SSDP) for projects valued less than $1,000,000 on site less than three acres | • Binding site plans, 10 or more lots • Conditional use permits, except administrative CUPs • Essential public facilities, Types 1 and 2 • Framework development plans • Preliminary long subdivisions • Site-specific rezones authorized by the comprehensive plan • Shoreline substantial development permits (SSDP) for projects valued at $1,000,000 or more or on site of three acres or more |
Pre-Application Conference | At discretion of Director | At discretion of Director | Yes | Yes | Yes |
Pre-Application Neighborhood Meeting | No | No, except may be required for short subdivisions, binding site plans, and site plan review at discretion of Director | Yes | Yes | Yes |
Notice of Application | No | Yes | Yes | Yes | Yes |
Comment Period | None | 14 days | 21 days | 21 days (30 for shoreline permits) | 21 days (30 for shoreline permits) |
Recommendation By | None | None | |||
Pre-Decision Open Record Public Hearing | No | No | Yes, before Hearing Examiner | Yes, before Planning Commission | Yes, before Planning Commission |
Closed Record Decision Hearing | No | No | No | No | Yes, before City Council |
Decision By | Hearing Examiner | ||||
Notice of Decision | No | Yes | Yes | Yes | Yes |
Local Appeal Available To | Hearing Examiner | Hearing Examiner | None | ||
Appeal Hearing Type | Open record | Open record | Closed record | Closed record | N/A |
(Ord. 3064 § 2 (Att. A), 2021; Ord. 3040 § 2 (Att. A), 2019; Ord. 3022 § 5 (Att. A), 2018; Ord. 3017 § 1 (Att. A), 2018; Ord. 2992 § 1 (Att. A), 2016)
19.20.040 Consolidated review.
A. Optional Consolidated Application Processing. All projects that involve two 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 must 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) must be reviewed per AMC Chapter 18.04, State Environmental Policy Act, 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 open record hearing and one closed record appeal hearing.
D. The appeal of a SEPA procedural determination is not subject to this section. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)
19.20.050 Eligibility for permits.
A. All development permits require a lot of record as described in AMC 19.20.060.
B. The Department may not issue any development permit for a lot created through a division, conveyance, or segregation that was illegal or contrary to city subdivision laws or Chapter 58.17 RCW. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)
19.20.060 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 buildings may be erected on any single substandard lot of record at the effective date of adoption of the 1978 zoning ordinance. Such lot must have been in separate ownership and not of continuous frontage with other lots in the same ownership continuously since April 19, 1978. This provision applies even when such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone; provided, that setback dimensions and other requirements not involving area or width, or both, of the lot conform to the current regulations for the zone in which such lot is located.
B. If two or more contiguous substandard lots, or combination of contiguous substandard lots and portions of lots, were in single ownership of record as of April 19, 1978, or at any time since that date, they must be aggregated and considered a single parcel for purposes of meeting current area and dimensional standards for lots in the zone in which they are located. If all such contiguous land under single ownership still constitutes a substandard lot once aggregated, a single-family dwelling and customary accessory buildings may be erected thereon (or other uses generally permitted in the zone), provided setback, lot coverage, and other requirements are met. No portion of land or lots thus aggregated may be used or sold in a manner which creates or leaves remaining a substandard lot.
C. Any residential lot or lots, which were used as residential prior to April 19, 1978, and have been in continual residential use since April 19, 1978, in a zone that is now zoned light manufacturing must be considered a conforming, permitted residential use within the nonresidential designation. Other requirements of the nonresidential designation, such as lot size, setbacks, density, land coverage, building height, and parking, apply to such residential lots. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)
19.20.070 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, or 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. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)
19.20.080 Requirement for public notices.
A. Applicability. This section applies whenever one 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 must timely distribute the notice by:
1. Publication in the city’s official newspaper.
2. Electronic mail or first class mail to:
a. The applicant.
b. Any appellant.
c. Any parties of record.
d. Any person who, prior to rendering the decision, has requested a copy of the notice of decision.
e. Any agencies with jurisdiction over the application or any agencies that commented on the application.
f. Washington State Department of Transportation, if the project is located adjacent to the right-of-way of a state highway.
g. Skagit 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 300 feet of the subject property.
4. For a notice of decision, to the county assessor.
5. Posting on at least two notice boards on or near the subject property, and on the notice board at City Hall and the public library. 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. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.090)
19.20.090 Pre-application conference.
A. Purpose. The pre-application 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 pre-application conference is required when shown in AMC 19.20.030.
2. Exception. The Director may waive the pre-application 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 pre-application conference, the applicant must submit a request on forms provided by the Department and pay any applicable fees.
D. The advice the city provides at pre-application meetings is not binding upon the city and does not prevent the city from enforcing all applicable regulations. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.110)
19.20.100 Pre-application neighborhood meeting.
A. Purpose. The purpose of the neighborhood meeting is to:
1. Inform citizens about the potential project at an early stage.
2. Foster communication between the applicant and the public regarding potential issues and opportunities for solutions related to the project.
B. When Required.
1. A pre-application neighborhood meeting is required when shown in AMC 19.20.030.
2. The applicant must hold a neighborhood meeting before submitting an application and after any required pre-application conference.
3. The Director may require the applicant to hold another neighborhood meeting if the applicant’s plans change significantly from those described at the neighborhood meeting.
C. Meeting.
1. The meeting must be held in a public meeting place, such as the public library meeting room, Depot Arts Center, or City Hall or similar room as approved by the Director.
2. The meeting may be facilitated by a third-party facilitator approved by the Director.
3. The meeting must be held Tuesday, Wednesday, or Thursday at six or seven p.m. and may not overlap with any other city meeting or city holiday.
D. Notices.
1. The Director may provide standard notice formats and guidelines for conducting the meeting.
2. The notice must include:
a. A brief description of the project;
b. Date, time, and location of the neighborhood meeting;
c. Name and phone number of the applicant or their representative.
3. The notice must be mailed at least 10 days prior to the meeting to all of the following:
a. The Department.
b. The list of property owners that must receive the notice of application.
4. The notice must be published in the local newspaper at least 10 days prior to the meeting.
5. The applicant must also post the notice on the project site at least 10 days prior to the meeting.
E. The applicant is responsible for all fees and costs associated with the pre-application neighborhood meeting. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.120)
19.20.110 Application—Contents and completeness—Revisions.
A. Contents of Applications.
1. Application Requirements.
a. Applications must be submitted on forms provided by the Department.
b. Applications must 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 must include fees, as calculated by the Director following the adopted fee schedule.
d. Applications must include all the information specified in any applicable code section as well as the application checklist provided by the Department.
2. The applicant must apply for all permits identified in the pre-application 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 must 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 must be submitted within 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 must provide the applicant a determination of completeness within 28 days. If the Director does not provide a written determination within 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 must evaluate the application for completeness within 14 days. If the Director does not provide a written determination within 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 90 days. The Director may grant up to two such extensions.
b. If the applicant has not provided the requested information by the deadline, the Director must 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 a 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. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.130)
19.20.120 Application—Notice.
A. When Required. A notice of application is required when shown in AMC 19.20.030, Types of review.
B. Contents. The notice of application must 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. Identification of the location of the project, by address if available.
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 AMC 19.20.030, 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 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 must distribute a notice of application within 14 days of determination that an application is complete and at least 15 days prior to any open record hearing.
2. Within seven days after the end of the public comment period, the Department must transmit to 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 days from the date the comments are transmitted. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.140)
19.20.130 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 must 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 must 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. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.150)
19.20.140 Public hearings and meetings.
A. All hearings and meetings conducted as part of processing a permit application must be conducted consistent with this section.
Table 19.20.140
Types of hearings and meetings.
Open Record Pre-decision | Closed Record Decision | Open Record Appeal | ||
|---|---|---|---|---|
Participation | Any interested party | Applicant and any party of record | The applicant, any appellant, and any party of record | |
Facts allowed outside the record | Yes | No | Yes | No |
De novo | Clearly erroneous | Clearly erroneous | ||
B. Swearing-In Required. Before testifying, any witness, including city staff, must be required to declare that he or she 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. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.160)
19.20.150 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 must 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, 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 must distribute, including by publishing in the city’s official newspaper, a notice of public hearing at least 15 days prior to the date of public hearing. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.170)
19.20.160 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 must be made within the time limits from determination of completeness listed in Table 19.20.160.
Table 19.20.160
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 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 must provide written notice to the applicant. The notice must 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. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.180)
19.20.170 Decision—Notice.
A. When Required. When a final decision is made that requires a notice of decision per AMC 19.20.030 or a decision is made on appeal, the Department must issue a notice of decision.
B. Contents. The notice of decision must 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 project site.
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. A notice that affected property owners may request a change in valuation from the county assessor for property tax purposes notwithstanding any program of revaluation.
11. The procedure for appeal and the deadline for filing an appeal. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.190)
19.20.180 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 14 calendar days after written notice of the decision is mailed; and
2. Accompanied by the required appeal fee.
E. Method of Service. Appeals must be delivered to the City Clerk by mail or personal delivery before five p.m. on the last business day of the appeal period. Appeals received by mail after five p.m. on the last day of the appeal period will not be accepted, regardless of when such appeals were mailed or postmarked.
F. Contents. Appeals must 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 must issue a written decision on the appeal supported by written findings and conclusions, and the Department must distribute a revised notice of decision incorporating the decision on appeal. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.210)
19.20.190 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 must specify the items or issues to be considered and the time frame for the additional work.
2. The original public hearing may be reopened 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 must affirm, modify, or reverse its original action based on the revised public record. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.220)
19.20.200 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 10 days of the date of decision.
B. The decision-maker must 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 must distribute the revised notice. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016. Formerly 19.20.230)
19.20.210 Exhaustion of administrative remedies.
19.20.220 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 chapter, depending on the application type.
E. Approval Criteria. Project applicants must successfully demonstrate to the decision-maker how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that apply to the specific standard.
F. Documentation. The decision-maker must 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 must provide a report on departures, which include departure applications and decisions, at a minimum interval of every two years. (Ord. 3040 § 2 (Att. A), 2019)
19.20.230 Framework development plans.
A. Purpose and Applicability. Framework development plans apply to proposals for any of the following:
1. Establishing block frontage designations as established in AMC 19.61.180.
2. Obtaining preliminary approval for a large or phased development proposal that depicts its major development and design parameters (i.e., major circulation and infrastructure systems, open spaces, block frontage designations, allocation of categories of land uses and development intensities among portions of the development site, and phasing of development over time).
3. Adjusting the list of permitted uses in the MMU zone east of Q Avenue, as provided in the following sections:
B. Procedures. Framework development plan applications are subject to review procedures as established in this chapter. A framework development plan may be submitted and reviewed concurrently with other applications.
C. Application Requirements. An application must be submitted on forms provided by the Department and must demonstrate compliance with the approval criteria described in this section.
D. Changes to Approved Framework Development Plan. Subsequent development applications may incorporate minor changes to locations of circulation routes, provided they meet the purposes of the plan, the Anacortes comprehensive plan, and applicable code sections. This also means that the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, and impact on adjacent properties.
E. Review Criteria.
1. Plans must meet the goals and policies of the Anacortes comprehensive plan.
2. Plans must meet the purposes and standards in AMC 19.61.180.
3. Proposed layouts and circulation routes are consistent with the purposes and standards of AMC 19.54.020 (Block design and connectivity standards), AMC 19.62.050 (Internal pedestrian access and design), and AMC 19.62.060 (Vehicular circulation and parking).
F. Conditions Authorized. In approving a framework development plan, the decision-maker may impose, in addition to regulations and standards expressly specified in this code, other conditions necessary to ensure compatibility with the review criteria associated with the specific proposal(s). These conditions must be associated with the specific land use, site planning, or building design element proposed to be altered through the framework development plan. These conditions may include, but are not limited to:
1. Placing restrictions on permitted uses.
2. Integrating design parameters on circulation and streetscape design elements.
3. Integrating supplemental building massing standards.
4. Integrating supplemental screening and landscaping standards.
G. Recording. The framework development plan must be recorded with the Skagit County Auditor’s office prior to the issuance of a building permit for any development on the site. The recorded framework development plan must be a covenant running with the land and shall be binding on the assigns, heirs and successors of the applicant. The framework development plan must be in a form approved by the Director and the City Attorney.
H. Expiration. The decision-maker must develop an appropriate expiration date for an approved framework development plan. (Ord. 3040 § 2 (Att. A), 2019)
19.22.010 Purpose.
A. To ensure that transportation improvements or strategies to accommodate the impacts of development are provided concurrent with the development.
B. To ensure that public facilities and services necessary to support development will be adequate to serve the development without decreasing service levels below adopted minimum standards.
C. Concurrency for most urban public facilities and services is assured by the manner in which the city comprehensive plan and its functional plans are integrated, implemented and monitored. The following public facilities and services, termed “concurrency facilities and services,” however, need to be analyzed on a site-specific basis: water, wastewater, stormwater, transportation, police protection, and fire protection. This chapter describes concurrency management systems for the city.
D. To provide a framework for determining facilities and services needs and to provide a basis for meeting those needs through capital facilities planning.
E. To provide for the evaluation of requests for development to ensure that adequate facilities can be provided within a reasonable time of the development impact. (Ord. 3040 § 2 (Att. A), 2019)
19.22.020 Definitions.
For the purposes of this chapter, the following words have the following meanings:
“Adequate” means at or above the adopted level of service standards.
“Available facility capacity” means capacity in a concurrency facility that is currently available for use without requiring facility construction, expansion or modification.
“Concurrency facilities and services ” means facilities and services for which concurrency is required in accordance with the provisions of this chapter. They are water, wastewater, stormwater, transportation, police protection, and fire protection. The city of Anacortes is the service provider for all of these facilities and services for the entire area within its limits.
“Concurrency test” means the comparison of an applicant’s impact on concurrency facilities to the capacity of the concurrency facilities.
“Concurrent with development (concurrent)” means that improvements or strategies are in place at the time of development or that financial commitment is in place to complete the improvements or strategies within six years.
“Level of service (LOS) standard” means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. For transportation, an A through F scale is frequently used to reflect level of service and to designate an LOS standard. (Ord. 3040 § 2 (Att. A), 2019)
19.22.030 Applicability.
A. This chapter applies to all development except the following:
1. Development types which create no additional impacts on concurrency facilities or services, including, but not limited to:
a. Any addition or accessory structure to a residence with no change in use or increase in the number of dwelling units.
b. Interior renovations with no change in use or increase in number of dwelling units.
c. Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use.
d. Replacement structure with no change in use or increase in number of dwelling units.
e. Temporary construction trailers.
f. Driveway, resurfacing or parking lot paving.
g. Reroofing of structures.
h. Demolitions.
i. Any other permit or approval that the Director determines has no impact on a concurrency facility or service.
B. The following development permits are exempt from the requirements of this chapter:
3. Final plats (if a concurrency test was conducted for the corresponding preliminary plat permit).
4. Rezone.
5. Street vacation.
6. Temporary use permit.
7. Variance. (Ord. 3040 § 2 (Att. A), 2019)
19.22.035 Application requirements.
19.22.040 Project concurrency review.
A. Development is prohibited, and all applications therefor must be denied, if the development would cause the level of service on a concurrency facility or service to decline below adopted levels of service standards, unless the improvements or strategies to accommodate the new development are made concurrent with the development, subject to the provisions of AMC 19.22.050(C).
1. For potable water, sewer/on-site sewage disposal and stormwater management, only available capacity or capacity that can be provided prior to the actual use of the facility will be used.
B. If a proposed development would cause the level of service to decline below adopted level of service standards for an affected facility, the proposed development may nonetheless be approved if the Director finds that an improvement will be completed that will result in meeting adopted level of service standards of all affected concurrency facilities at the time of development, or that a financial commitment is in place to complete the improvement or implement the strategy within six years.
C. All development approvals must include a finding as to the application of this chapter, and those approvals for which concurrency improvements are required under this chapter must be expressly conditioned thereon. (Ord. 3040 § 2 (Att. A), 2019)
19.22.050 Concurrency test.
A. In conducting the concurrency test, the city must use the level of service standards adopted in the capital facilities element of the comprehensive plan.
B. Procedures. The concurrency test for concurrency facilities will be performed in the processing of the development permit and conducted by the Department in consultation with the Public Works Department.
C. Test. Development applications must comply with either subsection (C)(1) or (C)(2) of this section:
1. If the capacity of concurrency facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is passed and is to be documented by the Director.
2. If the available facility capacity of concurrency facilities is less than the capacity required to maintain the level of service standard for the impact from the development application, the concurrency test is not passed. The applicant may:
a. Accept a 90-day reservation of available facility capacity on concurrency facilities and modify the application to reduce the need for planned facility capacity on concurrency facilities;
b. Accept a 90-day reservation of available facility capacity on concurrency facilities and demonstrate to the service provider’s satisfaction that the development will have a lower need for capacity than usual and, therefore, the available facility capacity is adequate;
c. Accept a 90-day reservation of available facility capacity on concurrency facilities and arrange with the service provider for the provision of the additional capacity of concurrency facilities required; or
d. Appeal the results of the concurrency test in accordance with the procedures for the applicable underlying permit, per AMC 19.20.030. (Ord. 3040 § 2 (Att. A), 2019)
19.22.060 Phased development.
A. When a development is proposed in phases, or construction is proposed to occur over a period greater than three years, concurrency facilities and services impacts must be reviewed as part of environmental review.
B. The city and the proponent of the development must enter into an agreement identifying the improvements or strategies that will be required with each phase or time period of development to meet the concurrency facility and service requirements.
C. All implementing permits, including but not limited to subdivision and building permits, must be conditioned that the improvements identified in the agreement are made concurrent with construction during such phase or time period or that a financial commitment is in place to complete the improvements or strategies within six years of construction. (Ord. 3040 § 2 (Att. A), 2019)
19.24.020 Purpose.
A. The purpose of this chapter is to establish a siting process for essential public facilities (EPFs). This process involves the community and is intended to assist in the identification and minimization of adverse impacts.
B. Essential public facilities are defined in AMC 19.12.020. EPFs include, but are not limited to, those facilities which are difficult to site, such as state and regional transportation facilities, state and local correctional facilities, solid waste handling facilities and in-patient facilities (including substance abuse, mental health and group home facilities). The Growth Management Act mandates that no local development regulation may preclude the siting of essential public facilities. Secure Community Transition Facilities are also included. The Anacortes Airport is excluded.
C. Nothing in this chapter shall be deemed to waive the city’s rights to assert lead agency status to conduct environmental review under Washington State’s Environmental Policy Act pursuant to Chapter 43.21C RCW and WAC 197-11 as now and hereafter amended. (Ord. 4086 § 2, 2024; Ord. 2794 § 1 (Att. A), 2008. Formerly 17.75.020)
19.24.030 Scope.
A. This chapter establishes the criteria that the city will use in making a decision upon an application for an EPF other than the Anacortes Airport. The city’s planning director (director) shall develop a list of essential public facilities. These facilities shall meet the definition of essential public facilities under AMC Chapter 19.12. A use or facility may be added to the list of essential public facilities if the use meets the definition of an essential public facility. The list required by this section shall be filed and maintained with the city finance department.
B. This chapter shall serve to establish the process for permitting those uses determined to be EPFs and which satisfy the criteria set forth under AMC 19.24.060. The director shall determine whether a proposed facility shall be reviewed as an EPF and subject to this review process. (Ord. 4086 § 2, 2024; Ord. 2794 § 1 (Att. A), 2008. Formerly 17.75.030)
19.24.040 Reserved.
19.24.050 Applications for EPF projects.
All proposed projects determined to be EPFs shall be reviewed and conditioned in accordance with all requirements of the Anacortes Municipal Code including the conditional use permit procedure, set forth in this Chapter and referred to as the CUP-EPF review procedure. All EPF applications shall contain the following information:
A. A detailed written description of the proposed and potential public services to be provided, including an proposed site plan, the proposed service area of the facility, the source or sources of funding, and identification of any applicable public regulatory agencies or regional state or federal project agency sponsors and the federal or state authority which the agency has been granted for siting decision-making;
B. A written statement of the need, in statistical or narrative form, for the proposed project currently and over the following ten-year period;
C. An inventory of known, existing or proposed facilities, by name and address, within Skagit County, or within the region, serving the same or similar needs as the proposed project;
D. An explanation of the need and suitability for the proposed facility in the proposed city location(s);
E. An assessment of the suitability of the proposed location in the city or another jurisdiction in terms of local, county, regional and/or state needs in order to minimize public costs (where appropriate) and environmental impacts, to discern the suitability of the facility’s location in the city or within another jurisdiction, to determine the number of jurisdictions affected or served by the proposed EPF, and to decide what, if any, inter-jurisdictional approach is most appropriate or available;
F. An analysis of the environmental, social, economic, financial and infrastructure impacts of the proposed EPF, including an assessment of the proportionate financial impacts on affected jurisdictions, consideration copies of agreements which allocate the financial burdens of the proposed project on the city and other jurisdictions, and the approximate area within which the proposed project could potentially have adverse impacts, such as increased traffic, public safety risks, noise, glare, emissions, or other environmental impacts, and;
G. An analysis of the proposal’s consistency with the city’s comprehensive plan and development regulations, and plans and policies of other affected jurisdictions, including but not limited to Skagit County Countywide Planning Policies;
H. Documentation of public involvement efforts to date, including public and agency comments received, and plans for future public participation;
I. Such information as requested by the director as determined necessary to complete the preliminary analysis or to otherwise assist the director and staff to make a recommendation and the city council in making the final determination on the CUP-EPF. (Ord. 4086 § 2, 2024; Ord. 2794 § 1 (Att. A), 2008. Formerly 17.75.050)
19.24.060 CUP—EPF review criteria.
A. Essential public facilities shall be subject to classification and identification as follows:
1. Type One—Regional EPFs. These are major essential public facilities that provide public services to more than one county and where the provider has statutory authority to site and construct the facility and where a regional, inter-governmental siting process has been followed. These facilities may include, but are not limited to, regional transportation facilities, such as regional airports; State correction facilities; and state educational facilities.
2. Type Two—Local EPFs. These are local or inter-local facilities serving residents or property serving Skagit County. A “Local EPF” means an essential public facility that is not a regional EPF.
3. In order to enable the city to determine the project’s classification, any public or private entity proposing to site an EPF in the city shall provide to the director its intent to site the EPF, once it is known that the EPF is likely or required to be built, the application materials set forth in AMC 19.24.050.
4. The director shall review the application upon receipt and determine whether the proposed project shall be identified as an EPF and if so whether the EPF shall be classified as a Regional EPF or Local EPF. A determination shall be made within forty-five days following the director’s written notice to applicant of receipt of sufficient material and information set forth in AMC 19.24.050. The director shall provide notice of determination to the applicant and publish notice of the determination in a newspaper of general circulation within Skagit County.
5. The director’s determination shall be an administrative determination subject to appeal and procedures established in AMC 17.08.080 for an administrative appeal process.
B. Notification and involvement of community and jurisdictions for EPFs shall be as follows:
1. Type One Facilities. In addition to such other notice as may be required by law before the siting decision, and at least ninety days before submitting an application for a Type One essential public facility, the prospective applicant shall notify the affected public and jurisdictions of the general type and nature of the proposal, identify sites under consideration for accommodating the proposed facility, and identify opportunities to comment on the proposal. Applications for specific projects shall not be considered complete in the absence of proof of a published notice and notice to the city regarding the proposed project. Published notice shall be in a newspaper of general circulation in the affected area. This notice shall include the information described above and shall be published at least ninety days prior to the submission of the application. It is expected that an Environmental Impact Statement may be required for most Type One facilities in accordance with the SEPA environmental review process. Nothing from this Section will preclude the city from consulting with the Skagit Council of Governments and may provide the project sponsor and affected jurisdictions with their comments or recommendations regarding alternative project locations during this process. The purpose of this provision is to enable potentially affected jurisdictions and the public to collectively review and comment on alternative sites for major facilities before the project sponsor has made their siting decision.
2. Type Two Facilities. Type two essential public facilities shall be required to provide a notice of application.
C. Conditional Use Permit Required.
1. An EPF shall be a conditional use in all zones. In the event of a conflict with any other provision within the Anacortes Municipal Code, the provisions of this section shall govern.
2. In addition to the conditional use permit application fee, an additional cost reimbursement agreement with the applicant may be required for additional costs, including but not limited to costs for independent consultant review set forth in subsection (D) below, associated with review of an EPF application under the criteria established in this chapter.
D. Independent Consultant Review.
1. The department may require independent consultant review of the proposal to asses its compliance with the decision criteria contained in this chapter.
2. If independent consultant review is required, the applicant shall deposit funds or other security in an amount and in a form acceptable to director to defray the cost of such review. Unexpended funds will be returned to the applicant following the final decision on the application without interest.
E. Decision Criteria for Type Two facilities “Local Essential Public Facilities.”
The city council may approve or approve with conditions, a conditional use permit for a Local EPF only when the proposal meets all of the following criteria:
1. The proposal shall be consistent with the comprehensive plan and intent of the underlying zoning of the proposed site;
2. The project applicant has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;
3. If applicable, the project would serve a significant share of the city’s population, and the proposed site will reasonably serve the project’s overall service population;
4. The applicant has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology;
5. The project is consistent with the applicant’s own long-range plans for facilities and operations;
6. The project has fewer impacts in the particular geographic area in contrast with other available locations;
7. The applicant has provided a meaningful opportunity for public participation in the siting decision and development of mitigation measures that is appropriate in light of the project’s scope, applicable requirements of the City Code, and state or federal law;
8. The proposal complies with applicable requirements of all other applicable provisions of the City Code;
9. The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements shall be determined by the minimum size of the facility, setbacks, access, support facilities, topography, geology, and on-site mitigation needs;
10. The proposal, as conditioned, adequately mitigates significant adverse impacts to life, limb, property, the environment, public health and safety, transportation systems, economic development and other identified impacts;
11. The proposal shall not have any probable significant adverse impact on critical areas or resource lands, except for lineal facilities, such as highways, where no feasible alternative exists;
12. The proposal incorporates specific features to ensure it responds appropriately to the existing or planned character, appearance, quality of development, and physical characteristics of the site and surrounding property;
13. Major public facilities which generate substantial traffic should be sited near major transportation corridors;
14. The project sponsor has proposed mitigation measures that are consistent with the Uniform Relocation Assistance Act Chapter 8.26 RCW, 468-100 WAC, as now and hereafter amended when otherwise required by law.
F. Decision criteria for Type One facilities “Regional Essential Public Facilities.”
The city council must approve or approve with conditions, a conditional use permit for a Type I EPF in accordance with the following criteria:
1. The sponsor has provided a meaningful opportunity for public participation in the siting decision and development of mitigation measures that is appropriate in light of the project’s scope, applicable requirements of the county code, and state or federal law;
2. The proposal complies with applicable requirements of AMC Chapter 19.36 Conditional Uses and all other applicable provisions of the City Code;
3. The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements shall be determined by the minimum size of the facility, setbacks, access, support facilities, topography, geology, and on-site mitigation needs;
4. The proposal, as conditioned, adequately mitigates significant adverse impacts to life, limb, property, the environment, public health and safety, transportation systems, economic development and other identified impacts;
5. The proposal, as conditioned, adequately mitigates for any probable significant adverse impact on critical areas or resource lands, except for lineal facilities, such as highways, where no feasible alternative exists.
6. The proposal incorporates specific features to ensure it responds appropriately to the existing or planned character, appearance, quality of development, and physical characteristics of the site and surrounding property; and
7. The project sponsor has proposed mitigation measures that are consistent with the Uniform Relocation Assistance Act Chapter 8.26 RCW, 468-100 WAC, as now and hereafter amended when otherwise required by law. (Ord. 4086 § 2, 2024; Ord. 2992 § 1 (Att. A), 2016; Ord. 2794 § 1 (Att. A), 2008. Formerly 17.75.060)
19.24.070 Building permit application.
A. Any building permit for an EPF approved under this chapter shall comply with all conditions of approval in the conditional use permit. In the event a building permit for an EPF is denied, the department shall submit in writing the reasons for denial to the project sponsor.
B. No construction permits may be applied for prior to approval of a conditional use permit for an EPF unless the applicant signs a written release acknowledging that such approval is neither guaranteed nor implied by the department’s acceptance of the construction permit applications. The applicant shall expressly hold the city harmless and accept all financial risk associated with preparing and submitting construction plans before a final decision is made under this chapter. (Ord. 4086 § 2, 2024; Ord. 2794 § 1 (Att. A), 2008. Formerly 17.75.070)
19.24.080 Special provisions for Secure Community Transition Facilities (SCTFs).
A. The purpose and intent of this section is to establish standards for Secure Community Transition Facilities (SCTFs) in compliance with Chapter 71.09 RCW, and to maintain compatibility with other land uses and services permitted within the city. The standards in this section apply to all SCTFs in addition to the process set forth under Chapter 17.10.100 AMC, the standards of this Section AMC 19.24.080 are not subject to a variance.
B. SCTFs conforming with the standards set forth below (in addition to approval under standards set forth pursuant to AMC 19.24.060 criteria for EPFs) may be approved by conditional use permit. The following additional siting criteria applies to SCTFs:
1. SCTFs should be located near transit facilities, as appropriate.
2. No SCTF shall be permitted within one mile from any existing SCTF, work release, prerelease, or similar facilities, as defined in RCW 71.09.250(8) and (9).
3. On-Site Facilities Required. Each SCTF shall have the capability to provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents.
4. SCTFs shall not be permitted adjacent to, immediately across a street or parking lot, from, or within the line of sight of a risk potential activity or facility in existence at the time a conditional use is applied for consideration. “Risk potential activity” or “risk potential facility” means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and others identified by the department following the hearings on a potential site required in RCW 71.09.315. “Within the line of sight” means that it is possible to reasonably visually distinguish and recognize individuals.
5. Siting of SCTFs shall be in accordance with the siting criteria of Chapter 71.09 RCW, and regulations adopted pursuant thereto. In addition, no SCTFs shall be sited closer than three hundred thirty feet from any residentially zoned property.
6. SCTFs shall provide the following staffing and security measures:
a. The owner and operator of the SCTF shall submit and maintain a plan for staffing, security measures, procedures for immediate public notification of escapes, and escapee search procedures (“the plan”), all in a form and content satisfactory to the planning director, after consultation with the police chief. The security measures shall indicate the types of security measures/facilities proposed for the SCTF including, but not limited to, constant electronic monitoring of residents, site security measures/equipment, and site access and control consistent with Chapter 71.09 RCW, unless otherwise ordered by a court. The plan, along with documentation of the planning director’s concurrence in or rejection of the plan, shall be included in materials submitted to and reviewed by the city council, provided that the security plan made part of the public record shall not be in such detail that security of the facility would be compromised.
b. The owner and operator of the SCTF shall enter into a contract with the city, in a form and content satisfactory to the city attorney, committing the owner and operator to comply with and maintain the plan for the life of the facility.
c. The applicant shall install an eight-foot high fence, in character with the surrounding area, between the facility and all property boundaries. The city council may waive or lessen this requirement upon finding that due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence.
d. The facility shall have a backup power source.
C. Application Materials. In addition to the regular application materials required for a land use review pursuant to AMC 17.10.100, an application for an SCTF shall also include:
1. The siting process used for the SCTF, including alternative locations considered.
2. An analysis showing that consideration was given to potential sites such that siting of the facility will not result in a concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region.
3. Proposed mitigation measures, including the use of buffering from adjoining uses.
4. A general overview of planned security for the facility.
5. A schedule and analysis of all public input solicited or to be solicited during the siting process.
6. Notice of the application to all property owners and occupants of record within two thousand five hundred feet of the proposed site. (Ord. 4086 § 2, 2024; Ord. 2794 § 1 (Att. A), 2008. Formerly 17.75.080)
19.24.090 Processing timelines.
A. Notice of final decision from the city council following public hearing on a project permit application shall issue within one hundred twenty days from when the permit application is determined by the director or city council upon final decision or upon appeal to be an application for an EPF unless otherwise provided by this section or state law.
B. In determining the number of days that have elapsed after an application is complete, the following periods shall be excluded:
1. Any period during which the city asks the applicant to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the city mails notification to the applicant of the need for additional information until the date the city determines whether the additional information satisfies the request for information, or fourteen days after the applicant supplies the information to the city, whichever is earlier. If the information submitted by the applicant under this subsection is insufficient, the city shall mail notice to the applicant of the deficiencies and the provisions of this subsection shall apply as if a new request for information had been made;
2. Any period during which an environmental impact statement is being prepared;
3. The period specified for administrative appeals of project permits;
4. Any period during which processing of an application is suspended pursuant to verification of compliance of required notice requirements; and
5. Any period of time mutually agreed upon by the applicant and the city.
C. The time periods established by this section shall not apply to a project permit application:
1. That requires an amendment to the comprehensive plan or a development regulation in order to obtain approval;
2. That is substantially revised by the applicant, in which case a new 120-day time period shall start from the date at which the revised project application is determined to be complete;
3. That requires approval of a development agreement by the city council;
4. When the applicant consents to an extension; or
5. During any period necessary for reconsideration of a city council’s decision.
D. The city shall notify the applicant in writing if a notice of final decision on the project has not been made within the time limits specified in this section. The notice shall include a statement of reasons why the time limits have not been met and an estimated date of issuance of a notice of final decision.
Failure of the city to make a final decision within the timelines specified by this chapter shall not create liability for damages. (Ord. 4086 § 2, 2024; Ord. 2794 § 1 (Att. A), 2008. Formerly 17.75.090)
19.24.100 CUP city council authority—Final decision.
A. The designated hearing body, giving substantial weight to the recommendations of the staff report, shall review the application under the following criteria:
1. Whether the proposed action as recommended by city staff is consistent with the criteria established under AMC 19.24.060 and 19.24.080 if applicable;
2. Whether modifications to recommended conditions or restrictions, if any, are adequate to mitigate impacts in a manner which meets the standards of this code and any related development agreement; and
3. Whether project conditions cumulatively are reasonable and would not preclude development of the EPF.
B. Recognizing that RCW 36.70A.200(2) prohibits the city from precluding the siting of an essential public facility, if the permit application proposes siting of a project in a location other than the city’s preferred location as recommended by city staff or otherwise designated under the city’s comprehensive plan or zoning code, the applicant shall present information as to why the city’s preferred location, rather than the location applied for, will preclude development of the project. The applicant shall provide any engineering, financial and other studies and information necessary to explain its position. The city council, with additional analysis and input from city staff, if requested, shall make findings and a decision as to whether siting the project at the city’s preferred location would be impossible, impracticable, or otherwise preclusive. The said findings and decision shall not be deemed, however, to preclude the authority of a regional decision-making body, under law now existing or subsequently amended, to determine where a regional EPF shall be sited, assuming applicable laws and legal requirements are complied with. This section shall not apply to the siting of SCTFs.
C. As a condition of approval pursuant to AMC 19.24.060, the city council may:
1. Increase requirements in the standards, criteria, or policies established by this title;
2. Stipulate the exact location as a means of minimizing hazards to life or limb, property damage, impacts to the environment, erosion, underground collapse, landslides, or transportation systems;
3. Impose conditions necessary to avoid, minimize or mitigate any adverse impacts identified as a result of the project;
4. Require the posting of construction and maintenance bonds sufficient to secure to the city the estimated cost of construction, installation and maintenance of required improvements;
5. Impose any requirement that will protect the public health, safety, and welfare; and
6. Impose conditions as may be deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters. (Ord. 4086 § 2, 2024; Ord. 2794 § 1 (Att. A), 2008. Formerly 17.75.100)
19.28.010 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 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 may not extend the time for expiration. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)
19.28.020 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 19.28.020
Permit terms and extensions.
Type of Permit or Approval | Initial Term | Number of Allowed Extensions | Length of Each Extension |
|---|---|---|---|
1 year to record | 0 | n/a | |
Building permits | 18 months | 1 | 18 months |
1 year to complete work | 1 | 6 months | |
Conditional use permit | 5 years to establish use | 1 | 1 year |
Fence permit | 18 months | 1 | 18 months |
Framework development plan | No expiration, unless set forth in approved plan | n/a | n/a |
Time to submit final plat is as set forth in RCW 58.17.140 | 0 | n/a | |
Reasonable use exception | 5 years to establish use | 1 | 1 year |
Shoreline exemption | 1 year per SMP | 0 | n/a |
2 years to commence construction; 5 years maximum. See WAC 173-27-090(4) | 1 | 1 year | |
Sign permit | 18 months | 1 | 18 months |
Site plan review | 18 months to apply for building permit | 1 | 18 months |
Special use permit | See applicable code section | ||
5 years to establish use | 1 | 1 year | |
Wetland delineation verification | 5 years from city approval | 0 | n/a |
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 19.28.020 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 year if the applicant has attempted in good faith to complete the proposed development activity necessary to meet the conditions of approval.
F. Extension of Shoreline Permits. In accordance with AMC 18.16.130. (Ord. 3040 § 2 (Att. A), 2019; Ord. 2992 § 1 (Att. A), 2016)