This chapter describes the process for review of land use development proposals and ordinance or map amendments subject to review under this title and the Land Division Ordinance. The intent is to establish procedures for the review of permit applications that will ensure that the requirements of this title are met, and the goals and policies of the Chewelah comprehensive plan are achieved. The process integrates the State Environmental Policy Act (SEPA) review as well as provides for consolidated development review wherever possible, in order to avoid duplication and delay.

1. Unless otherwise required, where the city must review more than one application for a given development, all applications required for the development should be submitted for review at one time. The applicant must demonstrate that concurrent reviews are not possible and bear all costs of separate review.
2. Where more than one application is submitted for a given development, and those applications are subject to different levels of review procedures, then all the applications are subject to the highest level of review that applies.
3. There shall be no more than one open record hearing and one closed record appeal conducted by the city on any development application.
4. If an appeal is received on a SEPA determination, the appeal and the subject application shall be considered at the same hearing.
5. If this code does not expressly provide for review using one of the types of procedures, and another specific procedure is not required by law, the administrator shall classify the application as one of the three types of procedures. The administrator shall consider the following guidelines when classifying the procedure type:
   1. Type I, Administrative, process involves an application that is subject to clear, objective and nondiscretionary standard or standards that require the exercise of professional judgment about technical issues. This review shall be conducted by the appropriate official as determined by the administrator.
   2. Type II, Quasi-Judicial, process involves an application that is subject to objective and subjective standards that require the exercise of substantial discretion and about which there may be a broad public interest.
   3. Type III, Legislative, process involves the creation, implementation or amendment of policy or law by ordinance. The subject of a Type III process applies to a relatively large geographic area.

(Ord. No. 900, § 7, 8-3-2016)

1. Purpose and Intent. The purpose of this section is to provide procedures for the review of applications that will ensure that the requirements of this title are met, and the goals and policies of the city comprehensive plan are achieved. The intent is to integrate the development permit and environmental review process, as well as to consolidate the development review, wherever possible, in order to avoid duplication and delay.
2. General Provisions.
   1. Unless otherwise required, where the city must review more than one application for a given development, all applications required for the development shall be submitted for review at one time.
   2. It shall be the responsibility of the applicant or petitioner to present evidence to the satisfaction of the body or person authorized by this title to hear an application that undue detriment will not result from the requested approval.
3. Preapplication Consultation.
   1. Applicants for a Type I review are encouraged to contact the city planner prior to submitting an application to discuss the nature of the proposed development, applicable development standards, design alternatives, required permits and the review process.
   2. Applicants for a Type II or III review shall submit a preapplication request prior to submitting an application. A preapplication meeting shall be held to discuss the nature of the proposed development, applicable development standards, design alternatives, required permits, availability of services, and the review process.
4. Application and Fee. Any property owner or representative of a property owner may make application. A completed application with applicable submittal materials and fees as established by resolution of the city council shall be submitted to the city planner.
5. Stale Applications. This Part of this Section is intended to extinguish applications that become stale due to inaction by the applicant.
   1. Expiration of Stale Applications. An application shall be considered stale and shall expire whenever any action by the applicant required for further processing of that application (whether or not such action is the result of a Completeness Review pursuant to Part F of this Section) remains undone for six (6) or more months after the date that the action was requested, unless the applicant is granted an extension of time pursuant to Part E,3 of this Section.
   2. Forfeiture of Fees. Upon the expiration of any such stale application, all fees already paid are subject to forfeiture at the sole discretion of the administrator.
   3. Extension of Time. The time for expiration of an application may be extended by up to six (6) additional months upon written request by the applicant before the end of the period set out in Part E,1 of this Section. Multiple extensions may be requested, except that any such extensions, including the first requested, shall be granted solely at the discretion of the administrator.
6. Completeness Review.
   1. Within fourteen days of receiving a date-stamped application, the city planner shall review the application for completeness, and provide the applicant with a written determination that the application is complete or incomplete. If the application is found to be incomplete, the city planner shall identify the information that must be provided or requirements that must be met to constitute a complete application.
   2. An application is complete if it includes the following:
      1. A completed original application form signed by the owner(s) of the property subject to the application or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application.
      2. Information necessary to demonstrate compliance with the standards specified in the applicable section(s) of this title. In addition, the city planner may require such additional information as reasonably necessary to fully and properly evaluate the proposal.
      3. A completed SEPA checklist, including all back-up materials, or, in the case that the project is exempt, a statement explaining why the project should be considered exempt under WAC 197-11-800.
      4. Suggested findings of fact supporting the proposed project and relating to each required finding in this title.
      5. Payment in full of all applicable fee(s) adopted by the city council.
      6. The fee established by resolution by the council shall be charged for each certified/registered mailing of notice required by this title.
7. Notice of Application.
   1. Within fourteen days after making a determination that an application is complete, the administrator shall publish a notice of application if required and in accordance with the requirements of Section 18.20.040B of this chapter.
   2. The notice of application begins a public comment period of not less than fourteen days and not more than thirty days.
8. Technical Review.
   1. The technical review committee shall review the development application for compliance with the provisions of this title and the city comprehensive plan, and other applicable city regulations, including the State Environmental Policy Act (SEPA). The administrator shall make a threshold determination pursuant to SEPA.
   2. After review by all city agencies affected by the development (including SEPA review) the applicant shall be notified whether additional technical information is needed in order to evaluate the proposal. If not, the application will be deemed technically complete. Additional technical information may include:
      1. A study of the potential traffic impacts of a project by a registered professional engineer.
      2. An Environmental Impact Statement (EIS) in compliance with WAC 197-11-400.
      3. Delineation of critical areas on the site by qualified professionals and evaluation of the impacts of the proposed development on the delineated resources.
9. Environmental Review.
   1. Developments and planned actions subject to the provisions of SEPA shall be reviewed in accordance with the policies and procedures contained in Chapter 16.04 (SEPA Ordinance).
   2. SEPA review shall be conducted concurrently with development project review.
   3. If an appeal is received on a SEPA determination, the appeal and the subject application shall be considered at the same hearing.
   4. If the SEPA determination is made after the notice of application, a separate notice may be necessary to comply with state environmental regulations.
10. Type I, Administrative Review Process.
    1. The administrator may approve, approve with conditions, or deny Type I applications, subject to the notice and appeal requirements of this article.
    2. Within fourteen days, a notice of decision must be published in accordance with Section 18.20.040D of this chapter. Preliminary approvals under this section shall become final if no appeal is submitted, within fourteen days of publication of the notice of decision.
11. Type II, Quasi-Judicial Review Process.
    1. A Type II, quasi-judicial review shall require a public hearing before the hearing examiner.
    2. The administrator shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of city departments, affected agencies and special zones, and evaluating the development's consistency with the requirements of this title, the Chewelah comprehensive plan, and other applicable city regulations. The staff report shall include findings, conclusions and proposed recommendations for the disposition of the development application.
    3. The administrator shall schedule a public hearing before the hearing examiner as soon as possible after a technically complete application requiring a Type II review is submitted. Notice of the time and place of the hearing shall be published in accordance with Section 18.20.040 of this chapter.
    4. At the time and in the place appointed, the hearing examiner shall conduct a public hearing for the purpose of taking testimony, hearing evidence, considering the facts pertinent to the proposal, and evaluating the proposal for consistency with the requirements of this title and other applicable plans and regulations.
    5. For Type II reviews other than preliminary plats, planned developments, vacations or alterations, site-specific comprehensive plan amendments, and site-specific rezones, the hearing examiner may grant preliminary approval, approval with conditions, or may deny the project based on the testimony received and the findings made. Preliminary approvals under this section shall become final fourteen days after publication of the notice of decision. If a written notice of appeal is received within the specified time, the matter shall be referred to the Superior Court of the State of Washington for Stevens County for review and a decision.
    6. For Type II reviews of preliminary plats, planned developments, vacations or alterations, site-specific zone changes or site-specific comprehensive plan amendments, the hearing examiner may recommend preliminary approval, approval with conditions, or denial of the project or proposal based on the findings made. Such recommendation shall be submitted to the city council following action by the hearing examiner.
12. Type III, Legislative Review Process.
    1. A Type III, legislative review involves the creation, revision, application, or large-scale implementation of public policy and shall require a hearing before the city council.
    2. The administrator shall prepare a staff report on the proposed amendment or action summarizing the comments and recommendations of city departments, affected agencies, and special zones, and evaluating the amendment's consistency with the requirements of this title, the Chewelah comprehensive plan, other applicable city regulations, and applicable state and federal laws and regulations. The staff report shall include findings, conclusions and proposed recommendations for the disposition of the development application.
    3. At the time and in the place appointed, the city council shall review the request and evaluate the proposal for consistency with the requirements of this title and other applicable laws, plans and regulations.
    4. Whenever a proposed ordinance or amendment to the zoning ordinance or land division ordinance or other ordinance implementing the comprehensive plan, or an amendment to the comprehensive plan is considered, findings of fact supporting a recommended action shall be prepared by staff and transmit such findings to the city council for consideration.
    5. The council, before adoption, modification, or rejection of a Type III application or proposal, shall hold an open record public hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, evaluating the proposal for consistency with the requirements of this title and other applicable laws, plans and regulations. Following the public hearing, the Council shall make findings of fact representing the official determination of the council and specifying the basis for the decision.
    6. Action by the city council on a Type III application or proposal shall be final and conclusive, unless within twenty-one days from the date of publication of the notice of decision, a party adversely affected by the decision makes proper application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, a writ of mandamus, or other action as may be provided and allowed by law to review the action of the city council.
13. Final Decision.
    1. The review authority shall approve or deny a development proposal within the following timeframes from the date of the letter of completeness:
       1. One hundred twenty days for development applications, such as conditional use permit, variances, site plan review;
       2. Ninety days for preliminary subdivision plats;
       3. Thirty days for short plats;
    2. For development applications not identified in this section, the one hundred twenty-day timeframe shall apply. Exceptions to this include:
       1. Amendments to the comprehensive plan or development code.
       2. Any time required to correct plans, perform studies or provide additional information, provided that within fourteen days of receiving the requested additional information, the city planner shall determine whether the information is adequate to resume the project review.
       3. Substantial project revisions made or requested by an applicant, in which case the one hundred twenty days will be calculated from the time that the city determines the revised application to be complete.
       4. All time required for the preparation and review of an environmental impact statement.
       5. Projects involving the siting of an essential public facility.
       6. An extension of time mutually agreed upon by the city and the applicant.
       7. All time required to obtain a variance.
       8. All time required for an appeal of a determination of significance.
14. Notice of Decision. As soon as feasible after the hearing, the administrator shall prepare and distribute a notice of decision for all applications, in accordance with the requirements of Section 18.20.040D of this chapter.
15. Reinitiation of Hearings. No application for the same or substantially same project that has been denied may be filed within twelve months, except if specifically permitted at the time of approval or denial or if reinitiated by the city planner or city council.
    

(Ord. No. 900, § 7, 8-3-2016)

1. Purpose and Intent. The intent of this section is to provide procedures for the content and distribution of public notices to ensure that interested persons are provided opportunities to review and comment on projects.
2. Notice of Application.
   1. A notice of application shall include the following:
      1. The date of the application, the date of the determination of completeness of the application, and the date of the notice of application;
      2. A description of the proposed project or requested action, including a list of other permits required, if applicable;
      3. A description of the SEPA determination of the proposed project or action and identification of any existing environmental documents that evaluate the proposed project, if applicable;
      4. A place where further information may be obtained;
      5. A statement of the public comment period, which is not less than fourteen days and not more than thirty days;
      6. A statement of the preliminary determination, if one has been made at the time of notice, of the development regulations that will be used for project mitigation and to determine consistency with the zoning and Land Division Ordinances;
      7. The schedule for making a decision on the request, including opportunities for public input and the form that such input should take.
   2. Notice of an application for Type I procedure shall be made as follows:
      1. The administrator shall notify the adjacent property owners of intent to grant approval. Notification shall be made by certified mail (return receipt requested) and posting of the property.
      2. Final approval will be granted unless a request for a public hearing is filed with the city clerk within fourteen days of the date of the notice.
   3. Notice of an application for Type II procedure shall be made as follows:
      1. Publication not less than fourteen days nor more than thirty days before the date of a public hearing in the official city newspaper of general circulation;
      2. Mail notice to all property owners within three hundred feet, not including street rights-of-way, of the boundaries of the property which is subject of the hearing. The notice shall be postmarked at least fourteen days prior to the date of the public hearing. The property owners shall be as shown on the most recent county assessor's records as certified by a list prepared by a title company within the last thirty days prior to the date of the application; and
      3. Post notice of the requested action on all street frontages of the property (properties) affected using notices provided by the administrator, at least fourteen days, but not more than thirty days prior to the hearing.
   4. Notice of an application for Type III procedure shall be made as follows:
      1. Publication not less than fourteen days nor more than thirty days before the date of a public hearing in the official city newspaper of general circulation;
      2. If the proposed action is site-specific, mail notice to all property owners within three hundred feet, not including street rights-of-way, of the boundaries of the property which is subject of the hearing. The notice shall be postmarked at least fourteen days prior to the date of the public hearing. The property owners shall be as shown on the most recent county assessor's records as certified by a list prepared by a title company within the last thirty days prior to the date of the application; and
      3. If the proposed action is for a site specific, post notice of the requested action on all street frontages of the property (properties) affected using notices provided by the administrator, at least fourteen days, but not more than thirty days prior to the hearing.
      4. If the application would apply to a large number of properties (for example, an entire zone) publication of a map of areas affected may substitute for individual notice and posting.
3. Notice of Public Hearing. Prior to a public hearing, if the hearing date was not included in the notice of application, the administrator shall prepare a notice of public hearing, stating the nature, time and location of the hearing. Distribution of the notice of public hearing shall be completed in accordance with Part B of this section.
4. Notice of Decision.
   1. After a decision is made by the review authority, and within the specified review period, the administrator shall prepare a notice of decision that contains the following:
      1. The date of the application and the date of determination of completeness of application;
      2. A description of the project or requested action and the location of the property;
      3. A statement of any SEPA threshold determination;
      4. A statement of the action taken by the review authority;
      5. A statement that the action is final unless an appeal is submitted within the appeal period set by this title. The final appeal date shall be provided;
      6. A statement describing the procedure for an appeal;
      7. A statement that affected property owners may request from Stevens County a change in valuation for property tax purposes notwithstanding any program of revaluation.
   2. The notice of decision shall be distributed as follows:
      1. Publication of the notice in the official city newspaper of general circulation;
      2. Mailing of the notice to the applicant or applicant's representative and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted comments on the application.
      3. Mailing of the notice to the county assessor's office.

(Ord. No. 900, § 7, 8-3-2016)

1. General Provisions.
   1. Any decision on a ministerial act, Type I, Type II, or Type III application made by the administrator or hearing examiner may be appealed, by applicants or parties of record, within fourteen calendar days of publication of the notice of decision.
   2. Interpretations and SEPA determinations may be appealed to the city council.
   3. Type I decisions appeals:
      1. Made by any administrative official to the city administrator;
      2. Made by the city administrator to the city council;
      3. Made by the hearing examiner to the city council.
   4. Type II decisions, other than preliminary plats, may be appealed to the city council in the following manner:
      1. The appeal shall be filed in accordance with CMC 18.20.050 Part B.
      2. The appeal shall be conducted as a closed record appeal, serving to provide argument and guidance for the decision. No new evidence or testimony shall be given or received. The parties to the appeal may submit timely written statements or arguments upon which the city council shall base its decision.
      3. The city council may request a staff presentation and may ask questions of staff.
      4. The city council may request a presentation by the appellant and may ask questions of the appellant.
   5. Type II decisions for preliminary plats shall be subject to the Type III appeals processes and requirements.
   6. Type III decisions may be appealed to the Stevens County Superior Court.
2. Filing.
   1. An appeal shall contain the following:
      1. The decision being appealed;
      2. The name and address of the appellant;
      3. The specific reasons for the appeal (the appellant shall bear the burden of proving why the decision is inappropriate); and
      4. The desired outcome or changes to the decision.
   2. The appeal fee shall be paid by the appellant in accordance with the fee schedule adopted by the city council or the clerk of Superior Court as applicable.
3. Judicial Appeal.
   1. Appeals from the final decision of the hearing examiner or city council for which other appeals specifically authorized have been timely exhausted, shall be made to Stevens County Superior Court within twenty-one days of the date of publication of the notice of decision, unless another time period is established by state law or local ordinance. No person having actual prior notice of the proceedings of the hearing examiner or the city council hearings shall have standing to challenge the final action unless such person was a party of record at the final hearing.
   2. Notice of the appeal and any other pleadings required to be filed with the court shall be served to the city clerk/treasurer.
   3. The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the city clerk/treasurer prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk/treasurer. Any overage will be promptly returned to the appellant.

(Ord. No. 900, § 7, 8-3-2016)

1. Authority.
   1. The administrator, building official and police department of the city shall be responsible for enforcing this title and remedying violations through proper legal channels. The administrator, building official and police department may adopt administrative rules to meet that responsibility.
   2. A building permit for construction, alteration, repair, or relocation of any structure shall not be issued unless and until the plans, specifications, plot plan, and intended use of such structure conforms in all respects with the provisions of this title and any conditions of approval.
2. Certificate of Occupancy.
   1. Before any use is established upon land or within a building, it shall be the responsibility of the owner of the land or building to inquire of the building official as to whether or not such use conforms to the regulations of the zone where it is to be located.
   2. Upon written request of the owner, the building official shall, after inspection, issue a certificate of occupancy for any building or land stating whether the use conforms to the provisions of this title, or is a lawful nonconforming use.

(Ord. No. 900, § 7, 8-3-2016)

1. General Provisions.
   1. Compliance with the requirements of this title shall be mandatory. The general penalties and remedies established by the city for such violations shall apply.
   2. Proof of a violation of a development permit or approval shall constitute prima facie evidence that the violation is that of the applicant and/or the owner of the property upon which the violation exists. An enforcement action under this chapter shall not relieve or prevent enforcement against any other responsible person.
   3. A civil regulatory order may be issued and served upon a person if any activity by or at the direction of that person is, has been, or may be taken in violation of this title of the Chewelah Municipal Code.
   4. A person who violates any provision of this title of the Chewelah Municipal Code, or who fails to obtain any necessary permit, or who fails to comply with a civil regulatory order shall be subject to a civil fine of not more than five hundred dollars and/or not more than three days in jail for each violation.
   5. Each separate day, event, action or occurrence shall constitute a separate violation.
2. Revocation or Modification of Permits and Approvals.
   1. Upon receiving an administrator's recommendation for revocation or modification of a permit or approval, the city council shall review the matter at a public hearing. Upon a finding that the activity does not comply with the conditions of approval or the provisions of this title of the Chewelah Municipal Code, or creates a nuisance or hazard, the city council may delete, modify or impose such conditions on the permit or approval as it deems sufficient to remedy the deficiencies. If the council finds no reasonable conditions which would remedy the deficiencies, the permit or approval shall be revoked and the activity allowed by the permit or approval shall cease.
   2. If a permit or approval is revoked for fraud or deception, no similar application shall be accepted for a period of three years from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the requirements of this title of the Chewelah Municipal Code.

(Ord. No. 900, § 7, 8-3-2016)