Colville City Zoning Code
ARTICLE V
ADMINISTRATION
§ 17.104.010 Purpose and intent.
This article describes the process for review of land use development proposals and ordinance or map amendments subject to review under this title. 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 Colville comprehensive plan are achieved. The process integrates the State Environmental Policy Act (SEPA) review as well as providing for consolidated development review wherever possible, in order to avoid duplication and delay.
(Ord. 1160 NS § 1, 1997)
§ 17.104.020 General provisions.
Unless otherwise required, where the city must review more than one application for a given development, all applications required for the development may be submitted for review at one time under the consolidated permit review process.
Where more than one application is submitted for a given development, and those applications are subject to different types of procedure, then all the applications are subject to the highest number procedure that applies.
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 administrative official shall classify the application as one of the five types of procedures. The administrative official shall consider the following guidelines when classifying the procedure type:
The Type I, administrative, process involves an application that is subject to a clear, objective and nondiscretionary standard or standards that require the exercise of professional judgment about technical issues, such as temporary use permits, short plats without SEPA review, and boundary line adjustments.
The Type II, administrative, process involves administrative approvals subject to notice, such as any Type I approvals requiring SEPA review, and minor variances.
The Type III, quasi-judicial permit review, 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, such as conditional use permits and major variances.
The Type IV, quasi-judicial development review, process involves decisions made by the city council pursuant to existing legislative standards and based upon the planning commission's record and recommendation after holding an open record pre-decision hearing. Examples of applications include site plan reviews, site-specific rezones, and preliminary subdivision plats.
The Type V, legislative, process involves decisions made by the city council in its capacity to establish policy and create legislation. The city council will seek broad public participation and review by the planning commission or other advisory groups on these decisions.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 13, 2004)
§ 17.108.010 Purpose and intent.
The purpose of this chapter 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 Colville 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.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.020 General provisions.
Unless otherwise required, where the city must review more than one application for a given development, all applications required for the development may be submitted for review at one time.
No more than one open record hearing and one closed record appeal shall be heard on any Type I, II, III or IV land use application, except for the appeal of a determination of significance as provided in RCW 43.21C.075.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.030 Preapplication.
Applicants for a Type I or II review are encouraged to contact the administrative official prior to submitting an application to discuss the nature of the proposed development, applicable development standards, design alternatives, required permits and the review process.
Applicants for a Type III, IV, or V review shall request a preapplication meeting 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.
The applicant shall have prepared for the meeting the general outlines of the proposal, evidenced schematically by sketch plans. The more detail that the applicant is able to provide for the preapplication review, the more thorough the response and guidance city staff will be able to provide on meeting the requirements of this title.
The administrative official may furnish the applicant with a written summary of the preapplication meeting regarding the relation of the project to general development objectives and applicable city ordinances and policies, or seek further input from the technical review committee.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.040 Application and fee.
Any person, firm, or corporation 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 administrative official.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.050 Completeness review.
Within 14 days of receiving a date-stamped application, the administrative official 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 administrative official shall identify the specific information or requirements that must be provided to constitute a complete application.
An application is complete if it includes the following:
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.
Information necessary to demonstrate compliance with the standards specified in the applicable section(s) of this title. In addition, the administrative official may require such additional information as reasonably necessary to fully and properly evaluate the proposal.
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.
Suggested findings of fact supporting the proposed project and relating to each required finding in this title.
Payment in full of all applicable fee(s) adopted by the city council.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.060 Notice of application.
Within 14 days after making a determination that an application is complete, the administrative official shall publish a notice of application on Type II applications requiring SEPA review and on all Type III and IV applications in accordance with the requirements of CMC § 17.112.020.
The notice of application begins a public comment period of not less than 14 days and not more than 30 days.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004; Ord. 1352 NS § 1, 2005)
§ 17.108.070 Technical review.
The technical review committee (TRC) shall review the development application for compliance with the provisions of this title and the city of Colville comprehensive plan, and other applicable city regulations, including the State Environmental Policy Act (SEPA). The committee shall make a determination that the application provides all technical analysis needed to support a decision under the provisions of this title. The committee shall also make a threshold determination pursuant to SEPA and the SEPA threshold determination shall be signed by the chair of the TRC.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.080 Environmental review.
Developments and planned actions subject to the provisions of SEPA shall be reviewed in accordance with applicable policies and procedures of Chapter 197-11 WAC.
SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review:
If an appeal is filed on a SEPA determination, the appeal and the subject application shall be considered at the same hearing.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.090 Type I, administrative reviews not requiring notice.
§ 17.108.100 Type II, administrative reviews with notice.
The administrative official may approve, approve with conditions, or deny Type II applications, subject to the notice and appeal requirements of this section.
Within 120 days, a notice of decision must be published in accordance with CMC § 17.112.040. The notice of decision may be a copy of the report or decision on the project permit application. Preliminary approvals under this section shall become final if no appeal is submitted within 14 calendar days from the date of the notice of decision.
(Ord. 1324 NS § 14, 2004)
§ 17.108.110 Type III, quasi-judicial permit review process.
A Type III, quasi-judicial permit review shall require a public hearing before the zoning board of adjustment.
The administrative official shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the development's consistency with the requirements of this title, the Colville comprehensive plan, and other applicable city regulations. The staff report shall include findings, conclusions and proposed recommendations for the disposition of the development application.
The administrative official shall schedule a public hearing before the zoning board of adjustment as soon as possible after a determination is made that a completed application requires a Type III review. Notice of the time and place of the hearing shall be published in accordance with Chapter 17.112 CMC. The applicant will be encouraged to hold an informational meeting at least 30 days prior to the public hearing to discuss the proposal and consider public input.
At the time and in the place appointed, the zoning board of adjustment shall conduct a public hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the requirements of this title and other applicable plans and regulations.
The zoning board of adjustment may grant preliminary approval, approval with conditions, or may deny the project based on the testimony received and the findings made. This decision shall be final unless within 10 calendar days of the publication of the notice of decision an appeal is filed with the Stevens County superior court.
(Formerly 17.108.100; Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.120 Type IV, quasi-judicial development review process.
A Type IV, quasi-judicial development review shall require a public hearing before the planning commission, before that body makes a recommendation to the city council regarding action on the application.
The administrative official shall prepare a staff report on the proposed action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the proposal's consistency with the requirements of this title, the Colville 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.
The administrative official shall schedule a public hearing before the planning commission as soon as possible after a determination is made that a completed application requires a Type IV review. Notice of the time and place of hearing shall be published in the notice of application, in accordance with Chapter 17.112 CMC. The applicant will be encouraged to hold an informational meeting at least 30 days prior to the first public hearing to discuss the proposal and consider public input.
At the time and in the place appointed, the planning commission shall conduct a public hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the requirements of this title and other applicable laws, plans and regulations. Only one public hearing before the planning commission shall be held prior to council action.
Whenever a Type IV, quasi-judicial development review application is considered by the planning commission at a public hearing, the commission shall prepare findings of fact supporting its recommended action and transmit such findings to the city council for final action.
A recommendation to the council shall be by the affirmative vote of not less than a majority of the total members of the commission. The approval shall be by a recorded vote, which shall incorporate the findings of fact and reasoning, and shall refer specifically to what is being recommended.
Upon receipt of a recommendation by the planning commission, the council shall conduct a closed record hearing. The council's decision shall be based on the record established by the planning commission.
Whenever the council makes a determination to adopt, modify or reject the planning commission findings of fact or recommendations, the council shall adopt findings of fact representing the official determination of the council and specifying the basis for the decision.
(Ord. 1324 NS § 14, 2004)
§ 17.108.130 Type V, legislative review process.
A Type V, legislative review shall require an informational meeting at least 30 days prior to a public hearing before the planning commission, before that body makes a recommendation to the city council regarding action on the application.
The administrative official shall prepare a staff report on the proposed amendment or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the amendment's consistency with the requirements of this title, the Colville 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 proposed amendment or action.
The administrative official shall schedule a public hearing before the planning commission a minimum of 30 days following at least one public informational meeting. Notice of the time and place of the hearing shall be published in accordance with the public participation policy, as contained in Article II of Chapter 17.96 CMC.
At the time and in the place appointed, the planning commission shall conduct a public hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the requirements of this title and other applicable laws, plans and regulations.
Whenever a proposed ordinance or amendment to this title or CMC Title 16, Land Divisions, or other ordinance implementing the comprehensive plan, or an amendment to the comprehensive plan is considered by the planning commission at a public hearing, the commission shall prepare findings of fact supporting its recommended action and transmit such findings to the city council for final action.
A recommendation to the council shall be by the affirmative vote of not less than a majority of the total members of the commission. The approval shall be by a recorded vote which shall incorporate the findings of fact and reasoning, and shall refer specifically to what is being amended.
Upon receipt of a recommendation by the planning commission, the council shall conduct a closed record hearing. The council's decision shall be based on the record established by the planning commission.
Whenever the council makes a determination to adopt, modify or reject the planning commission findings of fact or recommendations, the council shall adopt findings of fact representing the official determination of the council and specifying the basis for the decision.
In the event of initiation of an amendment by the council, it shall refer the proposed amendment to the planning commission for consideration and recommendation prior to taking action. A minimum of one public hearing before the planning commission shall be held prior to council action.
Action by the city council regarding the initial adoption of any official land use controls or ordinances, any subsequent amendment to official controls or any subsequent amendment to the comprehensive plan, shall be final and conclusive, unless appealed to the Growth Management Hearings Board as provided under Chapter 36.70A RCW.
(Formerly 17.108.110; Ord. 1160 NS § 1, 1997; Ord. 1278 NS § 7, 2002; Ord. 1324 NS § 14, 2004; Ord. 1352 NS § 2, 2005)
§ 17.108.140 Recess of hearing.
The review authority may recess a public hearing on a proposed project to obtain additional information or to serve further notice upon other property owners or persons it determines may be interested in the proposed amendment. Before recessing for this purpose, the review authority shall announce the time when and the place where the hearing will be resumed. A new notice stating the date, time, place and purpose for resumption of the hearing shall be given by the administrative official in accordance with the provisions of Chapter 17.112 CMC.
(Formerly 17.108.120; Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.150 Final decision.
The review authority shall approve or deny a development proposal within the following timeframes from the date of the letter of completeness:
For development applications not identified in this section, the 120-day timeframe shall apply. Exceptions to this shall include:
Amendments to the comprehensive plan or development code, or any development regulation that would require a comprehensive plan amendment.
Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the administrative official shall determine whether the information is adequate to resume the project review.
Substantial project revisions 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.
All time required for the preparation and review of an environmental impact statement, if required.
Projects involving the siting of an essential public facility.
An extension of time mutually agreed upon by the city and the applicant.
All time required to obtain a variance.
Any remand to the hearing body.
All time required for an appeal of a determination of significance.
Processing of a development agreement.
If the city is unable to issue the final decision within the specified timeframes, the city shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.
(Formerly 17.108.130; Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.160 Notice of decision.
As soon as feasible after the hearing, and within the specified timeframe, the administrative official shall prepare and distribute a notice of decision for all Type II, III and IV applications, in accordance with the requirements of CMC § 17.112.040.
(Formerly 17.108.140; Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004; Ord. 1352 NS § 3, 2005)
§ 17.108.170 Reinitiation of hearings.
No person, except the planning commission or city council, shall reapply or reinitiate a petition for a zone change or conditional use for which a public hearing was held, and said request was denied or withdrawn, within a period of time less than the following:
(Formerly 17.108.150; Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 14, 2004)
§ 17.108.180 Exclusions.
The following project permits are excluded from the provisions of the integrated and consolidated permit process and the requirements of CMC § 17.108.060 and 17.108.160:
Boundary line adjustments;
(Formerly 17.108.160; Ord. 1160 NS § 1, 1997; Ord. 1279 NS § 11, 2002; Ord. 1324 NS § 14, 2004)
§ 17.112.010 Purpose and intent.
The intent of this chapter 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.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 15, 2004)
§ 17.112.020 Notice of application.
A notice of application for Type II, III and IV applications shall include the following:
The date of the application, the date of the determination of completeness of the application, and the date of the notice of application;
A description of the proposed project or requested action, including a list of other permits required, if applicable;
A description of the SEPA determination for the proposed project or action and identification of existing environmental documents that evaluate the proposed project;
A place where further information may be obtained;
A statement of the public comment period, which is not less than 14 days and not more than 30 days;
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 this title and CMC Title 16, Land Divisions;
The schedule for making a decision on the request, including opportunities for public input and the form that such input should take.
Notice of an application for Type II procedure shall be made as follows:
The administrative official shall notify the adjacent property owners of intent to grant approval. Notification shall be made by mail and posting of the property.
Final approval will be granted unless a written request for a public hearing is filed with the administrative official within 14 days of the date of the notice.
Notice of an application for Type III or IV procedure shall be made as follows:
Publication in the official city newspaper of general circulation not less than 14 days nor more than 30 days prior to the date of the hearing;
Mail to all property owners within 300 feet, not including street rights-of-way, of the boundaries of the property which is the subject of the hearing. The notice shall be postmarked at least 14 days prior to the date of the public hearing. Addressed, prestamped envelopes shall be provided by the applicant. The property owners shall be as shown on the most recent county assessor's records;
Post at least three notices of the requested action in conspicuous places on or within 200 feet of a site under consideration using notices provided by the administrative official.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 15, 2004; Ord. 1352 NS §§ 4, 5, 6, 2005)
§ 17.112.030 Notice of public hearing.
Prior to a public hearing, if the hearing date was not included in the notice of application, the administrative official 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 CMC § 17.112.020.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 15, 2004)
§ 17.112.040 Notice of decision.
After a decision is made by the review authority, the administrative official shall prepare a notice of decision that contains the following:
A description of the project or requested action and the location of the property.
A statement of any SEPA determination.
A statement of the action taken by the review authority.
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.
A statement describing the procedure for an appeal.
A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.
The notice of decision shall be distributed as follows:
Publication of the notice in the official city newspaper of general circulation.
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 substantive comments on the application.
Mailing of the notice to the county assessor's office.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 15, 2004)
§ 17.116.010 General provisions.
Any decision on an administrative action, Type II, Type III, or Type IV application made by the administrative official, zoning board of adjustment, or planning commission or city council, may be appealed by applicants or parties of record as follows:
A Type II administrative action not SEPA exempt may be appealed within 14 calendar days of decision to the planning commission for a recommendation to city council.
Type II decisions, which are SEPA exempt, may be appealed within 14 calendar days of issuance of the notice of decision to the zoning board of adjustment.
Type III conditional use permit and variance decisions may be appealed within 10 calendar days of the notice of decision to the Stevens County superior court.
Type IV decisions may be appealed within 21 calendar days of issuance of the notice of decision to the city council or Stevens County superior court.
Type V decisions may be appealed within 60 days following publication of the notice of decision to the Growth Management Hearings Board, or in accordance with state law.
Upon receipt of an appeal, the administrator shall schedule a hearing with the appropriate review authority. The hearing date shall be within 60 days for a closed record appeal and within 90 days for an open record appeal from the receipt of the appeal.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 16, 2004; Ord. 1352 NS § 7, 2005)
§ 17.116.020 Filing.
An appeal shall contain the following:
The decision being appealed;
The name and address of the appellant;
The property affected by the appeal, including street address and assessor's property number;
The specific reasons for the appeal (the appellant shall bear the burden of proving why the decision is inappropriate); and
The desired outcome or changes to the decision.
The appeal fee shall be paid by the appellant in accordance with the fee schedule adopted by the city council.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 16, 2004)
§ 17.116.030 Judicial appeal.
Appeals from the final decision of the zoning board of adjustment or city council for which other appeals specifically authorized have been timely exhausted shall be made to the Stevens County superior court within 10 days of the date of publication of the notice of decision for conditional use permits and variances and within 21 days for Type IV decisions, unless another time period is established by state law or local ordinance. No person having actual prior notice of the proceedings of the zoning board of adjustment 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.
Notice of the appeal and any other pleadings required to be filed with the court shall be served to the administrative official.
(Ord. 1160 NS § 1, 1997; Ord. 1324 NS § 16, 2004; Ord. 1352 NS § 8, 2005)
§ 17.120.010 Administration and enforcement.
An administrative official designated by the city council shall administer and enforce this title.
If the administrative official finds that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The administrative official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions.
(Ord. 1160 NS § 1, 1997)
§ 17.120.020 Building permits required.
No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this title, unless he/she receives a written order from the zoning board of adjustment in the form of an administrative review, conditional use, or variance as provided in this title.
(Ord. 1160 NS § 1, 1997)
§ 17.120.030 Application for building permit.
All applications for building permits shall be accompanied by a site plan drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration.
(Ord. 1160 NS § 1, 1997)
§ 17.120.040 Construction and use to be as provided in applications, plans, permits.
Building permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction that differs from that authorized shall be deemed a violation of this title and punishable as provided by Chapter 17.128 CMC.
(Ord. 1160 NS § 1, 1997)
§ 17.124.010 Established – Membership.
A zoning board of adjustment is established, which shall consist of five members to be appointed by the mayor with the consent of the city council, each for a term of four years. Members of the zoning board of adjustment may be removed from office by the city council for cause upon written charges and after public hearing. Vacancies shall be filled by the mayor with the consent of the city council for the unexpired term of the member affected.
(Ord. 1160 NS § 1, 1997; Ord. 1488 NS § 21, 2012)
§ 17.124.020 Proceedings of the zoning board of adjustment.
The zoning board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this title. Meetings shall be held at the call of the chairman and at such other times as the board may determine. All meetings shall be open to the public.
The zoning board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed with the administrative official.
(Ord. 1160 NS § 1, 1997)
§ 17.128.010 Filing of complaint.
Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis of the complaint shall be filed with the administrative official. The administrative official shall record properly such complaint, immediately investigate, and take action thereon as provided by this title.
(Ord. 1160 NS § 1, 1997)
§ 17.128.020 Violation – Penalty.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this title, including violations of conditions and safeguards established in connection with grants of variances or conditional uses, is guilty of a misdemeanor. Any person convicted of a misdemeanor under this title shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.
(Ord. 1160 NS § 1, 1997)
§ 17.128.030 Violation – Penalty – Continuing offenses.
Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by any such person, and he is punishable accordingly.
(Ord. 1160 NS § 1, 1997)