It is the purpose of this chapter to ensure that all development proposals and other actions are processed, reviewed and acted upon in a timely, fair, predictable, efficient and effective manner.

(Ord. 566 § 2 Exh. A (part), 1998)

It is the purpose of this section to designate the specific responsibilities for land use administration within the Town of Coupeville.

A.

Town Planner. The town planner may act administratively for certain prescribed actions.

1.

Authority. With the exception of Chapter 16.24, the development standards, the Coupeville Town Planner is responsible for the administration of Title 16 of the Coupeville Town Code.

2.

Administrative Interpretations. In response to a clearly identified written request, or as needed, the town planner shall interpret the meaning or application of the Coupeville Development Regulations. This interpretation shall be in writing and a complete record of administrative interpretations shall be maintained by the town clerk-treasurer.

3.

Administrative Approvals. The town planner shall act on requests or applications listed under Section 16.06.050(A), (B) and (C).

B.

Public Works Director. The public works director may act administratively for certain prescribed actions.

1.

Authority. The public works director is responsible for the administration of Chapter 16.24, the development standards, of the Coupeville Town Code.

2.

Administrative Interpretations. In response to a clearly identified written request, or as needed, the public works director shall interpret the meaning or application of the Coupeville Development Regulations. This interpretation shall be in writing and a complete record of administrative interpretations shall be maintained by the town clerk-treasurer.

3.

Administrative Approvals. The public works director shall act on requests or applications listed under Section 16.06.050 A. and C.

C.

Town Council. In addition to its legislative responsibilities, the Coupeville Town Council shall review and act on the following:

1.

Recommendations of the planning commission;

2.

Appeal of administrative determinations;

3.

Appeal of administrative approvals as set forth in Section 16.06.050A., B. and C.;

4.

Appeal of Ebey's Reserve Historic Preservation Commission decisions;

5.

Appeal of a SEPA determinations.

D.

Coupeville Planning Commission. The planning commission shall review and make recommendations on the following applications and requests:

1.

Amendments to the comprehensive plan;

2.

Amendments to Title 16, the Coupeville Development Regulations;

3.

Applications listed under Section 16.06.050D.2. and 4.;

4.

Amendments to the shoreline master program;

5.

Other actions as requested or remanded by the town council.

E.

Ebey's Reserve Historic Preservation Commission. The Ebey's Reserve Historic Preservation Commission shall review and act on requests or applications listed under Section 16.13.120.

(Ord. 648 § 3 Exh. B (part), 2005; Ord. 566 § 2 Exh. A (part), 1998)

(Ord. No. 677, § 5, 10-13-2009; Ord. No. 692, § 3, 10-3-2011)

The purpose of this section is to ensure that all requests for approval shown in this title are integrated to facilitate review and avoid duplication or unnecessary delay.

A.

Pre-Application Conference. The appropriate Town staff shall meet with an applicant before submittal of an application for Town action under this title. The intent of this conference shall be to provide a clear understanding between the applicant and the Town on the general nature of the proposed action, the applicable local, state and national regulations, the submittal requirements and the applicable fees and expenses which will be incurred by the applicant in the review process.

B.

Submittal Requirements. For each type of application under this title, the town planner shall determine the type, amount and flow of information necessary to adequately review the proposal for compliance. The required submittals, by type of application, are contained in the consolidated land use application, which is adopted as part of this title.

C.

Supplemental Submittal Requirements. The Town may require, in addition to the requirements listed in the consolidated land use application, supplemental information deemed necessary to evaluate the proposed action or listed elsewhere in this or other titles. When possible, this supplemental information shall be identified at the pre-application conference.

D.

Modification of Application. If the general nature of the proposed action changes, either through modification of the proposal by the applicant or through disclosure of unforeseen or misrepresented information, the Town shall be responsible for determining whether or not the agreed upon course of action is still appropriate to the application.

E.

Notice of Completeness.

1.

The town planner shall review for completeness all submittals accompanying an application, and make a determination of completeness within twenty-eight (28) days of the application filing date. Complete applications will be issued a written notice of completeness. Completeness shall be defined as containing the following:

a.

A filled-out, signed and notarized consolidated land use application form, and all application fees;

b.

A filled-out and signed environmental checklist for all projects subject to review under the State Environmental Policy Act;

c.

All accompanying items listed in the application matrix section of the consolidated land use application form;

d.

Any supplemental information or special studies identified during the pre-application conference or during the completeness review.

2.

Incomplete Applications. If the Town determines that the application is incomplete, the missing items will be noted in writing within twenty-eight (28) days of the application filing date. The applicant shall have ninety (90) days to submit all items necessary to complete the application, or the application shall become null and void with no refund of fees on the ninety-first day following the written notification to the applicant. The Town shall, within fourteen (14) days of receiving the new information, issue a notice of completeness or identify and further notify whether additional information is required.

3.

The issuance of a notice of completeness does not constitute a commitment by the Town for project approval or indicate that the information provided with the application is adequate to complete town staff and environmental review.

F.

Notice of Application. Within fourteen (14) days after issuing the notice of completeness, the Town shall issue a notice of application, except as exempted under Section 16.06.050(A), Administrative Approval without Notice of Application. The notice shall be posted on the subject property, sent to agencies with jurisdiction, written notification to property owners within three hundred (300) feet and published once in the official newspaper. The notice shall include:

1.

Name of the applicant;

2.

Date of application;

3.

Date of notice of completeness;

4.

Description of the project;

5.

List of known permits and existing environmental documents;

6.

List of requested studies to date;

7.

A fourteen (14) day comment period with instructions for how to submit comments, including a contact name and number.

G.

Town Staff Review. Once the Town has issued a notice of completeness, town staff shall review the application for compliance with Town plans and regulations, coordinate necessary permit review and identify the proposal's environmental impacts.

H.

Environmental Review. Proposals subject to review under the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with Chapter 16.36 CTC, Environmental Management. This review shall be conducted concurrently with town staff review.

I.

Additional Information. If additional information is required to complete town staff and environmental review, the Town shall request this information in writing within fourteen (14) days following the issuance of a notice of completeness. The applicant shall have one hundred twenty (120) days from the date of the written request to provide the requested information. The application shall become null and void with no refund of fees on the one hundred twenty-first day.

(Ord. 566 § 2 Exh. A (part), 1998)

It is the purpose of this section to provide minimum standards for ensuring that neighbors to project proposals and the public in general are notified of impending actions within the Town. Public notification requirements for actions of the Ebey's Reserve Historic Preservation Commission are specified [in Section] 16.13.120.

A.

Notice of Administrative Approval. Actions taken by the town planner or public works director listed under Section 16.06.050(C), Administrative Approval Subject to Public Notice, are subject to the following notification requirements:

1.

Notification of Preliminary Approval. The Town shall notify adjacent property owners by mail of the Town's intent to grant approval. The notice shall include the following:

a.

A description of the proposal, including any conditions attached to the approval;

b.

A place and contact name where further information may be obtained;

c.

A statement that final approval will be granted on a certain date unless an appeal requesting a public hearing is received by the town clerk-treasurer within fifteen (15) days of the notification of preliminary approval.

B.

Notice of Public Hearing. Applications or appeals which require an open record public hearing shall be subject to the following notification requirements:

1.

Content. Public notification shall include a general description of the proposed action, a non-legal description of the property, the time, date and place of the public hearing, and a place and phone number where further information may be obtained.

2.

Publication. At least ten (10) days and not more than twenty (20) days before the date of a public hearing, a legal notice shall be published in the official newspaper of the Town, or a newspaper of general circulation in the Town.

3.

Mailing. At least ten (10) days and not more than twenty (20) days before the date of a public hearing, a mailing shall be sent to all property owners, as shown on the records of the Island County Assessor, within three hundred (300) feet of the boundaries of the property subject to the public hearing.

4.

Posting of Site. Within ten (10) days of the notice of completeness, the Town shall, if physically possible, post the site in a prominent location. When known, the time, date and place of the public hearing shall be added to the posting notice.

5.

Additional Posting. At least ten (10) days and not more than twenty (20) days before the public hearing, a notice shall be posted in at least three public places in the Town.

6.

Continuations. If, for any reason, a public hearing on a pending action under this title cannot be completed on the date set in the public notice, the public hearing may be continued and no further notice is required, in accordance with RCW 42.30.090.

C.

Notice of Appeal Hearings. Appeal hearings shall be subject to the notification requirements listed in subsection B. of this section, Notice of Public Hearing, with the following exceptions:

1.

For appeals of administrative approval, mailing notices shall be sent to adjacent property owners only;

2.

For appeals of Ebey's Reserve Historic Preservation Commission decisions on certificates of appropriateness, all parties of record shall be notified.

(Ord. 566 § 2 Exh. A (part), 1998)

(Ord. No. 692, § 4, 10-3-2011)

The purpose of this section is to establish procedures through which a timely decision can be reached on land use applications and requests as required under RCW 36.70B.110. For projects not exempt from review under SEPA, the Town adopts the optional DNS process under WAC 197-11-355.

A.

Administrative Approval Without Notice of Application. The town planner or public works director may approve, approve with conditions or deny the following applications without issuing a notice of application, except in cases where the request is associated with an application which does require notice:

1.

Boundary line adjustments;

2.

Extensions of time for approved actions;

3.

Minor amendments to approved permits. "Minor" shall be defined as changes which do not affect overall project character, increase the number of lots, dwelling units or density, or decrease the amount or quality of public improvements or open space;

4.

Building and utility actions exempt from SEPA review;

5.

Shoreline exemptions;

6.

Right-of-way use permits;

7.

Clearing and grading permits exempt from SEPA review;

8.

Interpretations of Title 16 requirements;

9.

Sign permits and sign variances;

10.

Administrative design review approvals authorized under CTC Chapter 16.13.

B.

Administrative Approval With Notice of Application. The town planner or public works director may approve, approve with conditions or deny the following requests, subject to the notice of application procedures listed under Section 16.06.030F., Notice of Application:

1.

Building and utility actions subject to review under SEPA.

2.

Clearing and grading permits subject to review under SEPA.

3.

Preliminary short subdivisions.

C.

Administrative Approval Subject to Public Notice. The town planner or public works director may grant preliminary approval to the following applications or requests, subject to the public notification requirements under Section 16.06.040A., Notice of Administrative Approval:

1.

Sign variance;

2.

Class II home occupations.

D.

Planning Commission Review and Recommendation.

1.

Staff Report. The town planner shall prepare a staff report on the proposed action which summarizes town staff and environmental review, and which evaluates the action for consistency with the Coupeville Development Regulations, comprehensive plan and other adopted plans and regulations. The report shall contain staff findings, conclusions and a recommendation for action.

2.

Open Record Public Hearings. The planning commission shall conduct an open record public hearing on the following actions:

a.

Amendments to the comprehensive plan;

b.

Amendments to Title 16, the Coupeville Development Regulations;

c.

Amendments to the Shoreline Master Program.

d.

Request for parcel-specific zoning change.

e.

Planned unit development overlay districts.

f.

Preliminary long subdivisions.

g.

Shoreline development permits, shoreline conditional use permits, shoreline variances.

h.

Conditional use permits.

i.

Variances.

E.

Ebey's Reserve Historic Preservation Commission. The review procedures, standards of review, and authorities of the Ebey's Reserve Historic Preservation Commission are specified in CTC Chapter 16.13.

F.

Town Council Review and Action. Upon receiving a recommendation from the planning commission or notice of any matter requiring the council's attention, the council shall perform the following actions as appropriate:

1.

Make a decision on a planning commission recommendation;

2.

Hold an open record public hearing and make a decision on the following matters:

a.

Appeal of administrative interpretations;

b.

Appeal of administrative approvals including those of the Ebey's Landing Reserve Committee;

c.

Appeal of determinations of significance;

d.

All legislative actions listed under subsection D.2. of this section;

e.

Other matters not prohibited by state law.

3.

Hold a closed record hearing and make a ruling on the following matters:

a.

Appeal of historic preservation commission decision when an open record hearing has already been held by the commission as part of their decision-making process.

G.

Town Council Decisions. The town council shall make its decision by motion, resolution or ordinance as appropriate.

1.

A council decision under subsections F.1. and 2. of this section shall include one of the following actions:

a.

Approve as recommended;

b.

Approve with additional conditions;

c.

Modify, with or without concurrence by the applicant, provided that the modifications do not enlarge the area or scope, increase the density or building size, or significantly increase potential environmental impacts;

d.

Deny (reapplication allowed after one year);

e.

Deny without prejudice (reapplication allowed);

f.

Remand for further proceedings.

g.

If, after considering a preliminary plat or preliminary binding site plan at a public meeting, the council deems a change in the planning commission's recommendation approving or disapproving the preliminary plat or binding site plan is necessary, the council shall adopt its own recommendations and approve or disapprove the preliminary plat or binding site plan. Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

2.

A council decision under subsection F.3. of this section shall include one of the following actions:

a.

Grant the appeal in whole or in part;

b.

Deny the appeal in whole or in part;

c.

Remand for further proceedings.

(Ord. 648 § 3 Exh. B (part), 2005; Ord. 614 § 4 Exh. D (part), 2001; Ord. 566 § 2 Exh. A (part), B (part), 1998)

(Ord. No. 677, § 5, 10-13-2009; Ord. No. 692, § 5, 10-3-2011)

The intent of this section is to designate the appropriate body to hear appeals of final decisions on Title 16 actions.

A.

Appeal of Administrative Interpretations and Approvals. Administrative interpretations and approvals may be appealed to the town council.

B.

Appeal of Ebey's Reserve Historic Preservation Commission Decisions. Decisions by the Ebey's Reserve Historic Preservation Commission on certificates of appropriateness may be appealed to the town council.

C.

Appeal to the Town Council. Appeals shall be filed with the town clerk-treasurer within fifteen (15) days following the date of the decision on the matter being appealed. The appeal shall contain the following information:

1.

The decision being appealed;

2.

The name and address of the appellant and his or her interest(s) in the matter;

3.

The specific reason(s) why the appellant believes the decision to be incorrect. The appellant shall bear the burden of proving the decision was incorrect;

4.

The desired outcome or change to the decision;

5.

The appeal fee.

D.

Judicial Appeal.

1.

Appeals of final decisions by the town council, for which all other appeals specifically authorized have been timely exhausted, shall be made to the Island County Superior Court within thirty (30) days of the date of the decision or action becomes final, unless another time period set by state law or local ordinance preempts this time frame.

2.

The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant shall be borne by the appellant. The appellant shall post with the town clerk-treasurer prior to the preparation of any records an advance fee deposit in the amount specified by the town clerk-treasurer.

(Ord. 566 § 1 Exhs. A (part), B (part), 1998)

(Ord. No. 692, § 6, 10-3-2011)

Whenever the public necessity, convenience or general welfare requires, the Town may, under the following procedure and by ordinance, amend or repeal these regulations and change the boundaries of zones.

A.

Procedure.

1.

Initiation of Change. Changes in the title may be initiated by the following means:

a.

By the town council on its own motion;

b.

By the planning commission on its own motion;

c.

By petition signed by the owners of fifty (50) percent of the property within an area proposed for rezoning. Said petition shall be filed with the administrative official. Besides the necessary signatures, the petition shall contain:

i.

A legal description of the property involved,

ii.

Reasons for the proposed change and a statement describing the effect of the proposed change on the objectives of the comprehensive plan;

d.

By the mayor.

2.

Planning Commission Report.

a.

Before any proposed zoning change may be acted upon by the town council the planning commission shall study the proposed change and shall make a report in writing to the town council. Said report shall include:

i.

Findings as to need and justification for the proposed change, including findings as to the effect which the proposed change would have on the objectives of the comprehensive plan;

ii.

Recommendation as to the approval or disapproval of the change.

b.

The planning commission may recommend that less area be rezoned and/or that more restrictive rezoning than applied for be approved, but it may not increase the area or recommend less restrictive zoning than that applied for, unless the planning commission initiates a new request on its own behalf.

3.

Town Council Ordinance. Before the town council may take any action on the proposed zoning change, a public hearing shall be held at which time all interested parties shall have an opportunity to be heard. The town council is not bound by majority opinion but by the facts presented and the testimony given. If it is determined that the public necessity, convenience or general welfare requires the change or amendment, the town council shall, by ordinance, effect the proposed zone change.

4.

All changes of zone boundaries shall be filed with the administrative official and shall be noted on the zoning map as specified in Section 16.08.020.

(Ord. 566 § 2 Exh. A (part), 1998)

A.

Administrative Official. An administrative official designated by the mayor shall administer and enforce this title. He or she may be provided with the assistance of such other persons as the town council deems necessary. If the administrative official shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

B.

Permits and Inspection—Permits Required. No person, firm or corporation shall erect, construct, alter, enlarge, move, improve or convert any building in the Town or cause the same to be done, without obtaining a building permit from the building official. The building official shall maintain a record of all permits, and copies shall be furnished upon request to any person. Failure to obtain a permit shall be a violation of this chapter and punishable under subsection D of this section. All applications for permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. The building official shall render his or her decision within thirty (30) days of the filing of the application of a permit. However, this time limit may be extended by common consent and agreement signed by both the applicant and the building official. One copy of said plans shall be returned to the applicant by the building official after he or she shall either attach a permit or mark the plans as disapproved and attested to same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the building official.

C.

Complaints Regarding Violations. Whenever a violation occurs, any person may file a complaint in regard thereto. All such complaints shall be brought to the attention of the building official or town planner, who shall record such complaint and immediately investigate and report thereon to the mayor.

D.

Penalties for Violations. For any and every violation of the provisions of this chapter the owner, agent or contractor of a building or premises where such violations have been committed or shall exist, or any other person who maintains any building or premises in which any violation shall exist, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned in jail not to exceed thirty (30) days, or both such fine and imprisonment. Each and every day that such violation continues shall be deemed a separate and distinct violation. Any building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of this chapter shall be declared to be unlawful and a public nuisance, and the mayor shall immediately commence action for the removal thereof, in the manner provided by law, and shall apply to such court or courts as may have jurisdiction to remove such building, structure or use. All remedies provided for herein shall be cumulative and not exclusive.

(Ord. 566 § 2 Exh. A (part), 1998)

A.

Intent. The intent of this section is to establish a concurrency management program to ensure that public facilities and services for which a level of service (LOS) has been established keep pace with new development. Adequate LOS, as described in the capital facilities element of the Coupeville comprehensive plan, shall be maintained concurrent with, or within a reasonable time after, development, occupancy or use. A concurrency test will be required for those project permits which, subject to approval, will lead to an increase in the number of building lots, a significant increase in the intensity of land use and/or a major expansion of an existing land use. This chapter is not intended to require a concurrency test for the construction of single-family residences or accessory buildings on existing lots, for proposed changes in land use intensity which results in less, equal to or marginally higher intensity than the existing use, or for minor expansions of existing land uses.

B.

Concurrency Test. This section provides rules for reviewing and making a determination on available and planned capacity for individual project permits.

1.

Effective Date. Except as exempted by subsection D of this section, all project permits are subject to a concurrency test. The concurrency test will be conducted based on the effective date of the notice of completeness, as defined in Section 16.06.030(E). If no notice of completeness is required for the particular project permit, the effective date will be the date of receipt of a complete application. The concurrency test shall be completed within thirty (30) days of the effective date of the application.

2.

Review Responsibility. The concurrency test will be conducted by the town planner, in conjunction with other facility and service providers, during the timelines established for project review in Section 16.06.030 of this title.

a.

The town planner shall coordinate the concurrency test by notifying all concurrency facility and service providers that the Town has received an application for a project permit which is subject to concurrency review, notifying applicants of the test results and notifying the facility and service providers of the final decision on the project permit. In addition, the town planner shall, in the first quarter of each year, notify facility and service providers of all exempt applications processed during the previous year which used capacity and of any expired project permit approvals or discontinued notices of capacity.

b.

All facility and service providers shall be responsible for maintaining and monitoring their available and planned capacity, and for conducting the concurrency test for their specific facility or service for all applications subject to concurrency review. Each provider is responsible for reserving the capacity needed for each application, for notifying the town planner of the results of each concurrency test, for annually reducing available capacity by the amount needed for exempt applications (as reported by the town planner), and for reinstating any unused capacity as set forth in subsection C of this section.

c.

Each facility and service provider shall be responsible for reporting to the Town by June 30th of each year the total available and planned capacity for their particular facility or service.

3.

Basis for Capacity Analysis. When conducting a concurrency test, capacity shall be measured in the following manner:

a.

Available capacity shall be the basis of the concurrency test for water supply, power, sanitary sewer, septic systems, stormwater management and fire flow.

b.

Available and planned capacity shall be the basis of the concurrency test for streets, solid waste collection, public transit, fire protection, law enforcement, ambulance, library services, schools and parks.

4.

Conducting the Test. Project permits requiring a concurrency test shall be compared against the available and planned capacity to ensure that concurrency facilities and services will not be reduced below the level of service standard adopted in the comprehensive plan.

a.

If the capacity of concurrency facilities and services is equal to or greater than the capacity required to serve the proposed project permit, the concurrency test is passed. A notice of capacity will be issued in accordance with subsection C of this section.

b.

If the capacity of concurrency facilities and services is less than the capacity required to serve the proposed project permit, the concurrency test is not passed. The applicant may:

1.

Accept a ninety-day reservation of concurrency facilities and services for which there is adequate capacity, and modify the application to reduce the need for facilities and services for which there is not adequate capacity.

2.

Accept a ninety-day reservation of concurrency facilities and services for which there is adequate capacity, and demonstrate to the town's satisfaction that the proposed project will have a lower demand for capacity than similar projects and that available capacity is therefore adequate.

3.

Accept a ninety-day reservation of concurrency facilities and services for which there is adequate capacity, and arrange with the appropriate facility or service provider for the provision of additional capacity to serve the proposed project.

4.

Appeal the decision of the town planner to the town council, in accordance with Section 16.06.060(C) and subsection E of this section.

C.

Notice of Capacity. If a proposed project permit passes the concurrency test, a notice of capacity shall be issued at the same time the project permit is issued, subject to any fees or performance of any condition required by a facility or service provider.

1.

Applicability. A notice of capacity shall apply only to the specific location, land uses, densities, intensities and site plan described in the project permit application.

2.

Transferability. A notice of capacity is not transferable to other property, but may be transferred to subsequent owners of the property for which the project permit was approved. A transfer of ownership shall have no effect on the expiration date of the notice of capacity.

3.

Expiration and Extensions. A notice of capacity shall expire if the associated project permit expires or is revoked. The notice of capacity may be extended only if the associated project permit is granted an extension according to the terms and conditions of the permit. If the associated project permit does not have an expiration date, the notice of capacity shall be valid for three years from the date of issuance.

4.

Unused Capacity. Any capacity that is not used because the applicant or developer decides not to develop, decides to develop at a lower density or intensity than approved by the project permit, or the project permit or notice of capacity expires, shall be returned to available capacity.

D.

Exemptions. Certain project permits are exempt from the concurrency test described in this chapter, either because they have no impact on available capacity, or because their impact on available capacity is minor enough to manage on an annual basis.

1.

No Impact. Project permits for development which create no additional impact on concurrency facilities and services for which a level of service standard has been adopted are exempt from the requirements, of this chapter. Examples include, but are not limited to, the following proposals.

a.

An addition or accessory building or structure to an existing residential, commercial or public/quasi-public use with no change or increase in use or increase in the number of dwelling units.

b.

Interior or exterior modifications to existing structures with no increase in the number of dwelling units.

c.

Interior or exterior modifications to existing structures to accommodate a new use with the same or less intensity as the existing use.

d.

A replacement structure with no change or increase in use or increase in the number of dwelling units.

e.

Temporary structures.

f.

Site improvements such as resurfacing, restriping, landscaping, lighting, or fencing.

g.

Signs.

h.

Demolitions.

i.

Conditional use permits and variances which allow a new or additional use of an existing structure with no increase in land use intensity or number of dwelling units.

2.

Exempt Project Permits. The following permits are exempt from the requirements of this chapter, but are subject to the annual reporting requirements to public facility and service providers described in subsection (B)(1) of this section.

a.

Final plats.

b.

Boundary line adjustments.

c.

Building permits for single family residences.

d.

Public works permits (right-of-way, clear and grade, stormwater).

e.

Project permits for developments with complete applications submitted prior to the effective date of this chapter.

E.

Appeals. Concurrency test results may be appealed by the applicant or a citizen of Coupeville in accordance with the appeal procedures in Section 16.06.060 of this title. The basis for the appeal must be at least one of the following grounds:

1.

A technical error;

2.

The applicant provided alternative data or a mitigation plan to meet LOS standards which was rejected by a facility or service provider;

3.

An unwarranted delay in vesting a complete application that allowed available capacity to be given to another applicant.

(Ord. 586 §§ 1, 3—6, 1999)